The complaints of air pollution due to improper coal handling at Haji Bunder were received by the Board. Therefore, initially the Board has identified the source of air pollution i.e. M/s.Mercator Lines Ltd., who was handling coal at the port area. The Board had earlier issued directions u/s 31A of the Air (Prevention & Control of Pollution) Act,1981 against M/s.Mercator Lines Pvt.Ltd., Mumbai vide letter dt.18/10/2005, directing it to stop the activity of coal handling at Haji Bunder, Mumbai Port Trust. Aggrieved by the said order M/s.Mercator Lines Pvt.Ltd. has filed an appeal against the order dt.18/10/2005 before the Appellate Authority constituted under the provisions of the Air (Prevention & Control of Pollution) Act,1981. The Appellate Authority stayed the execution of the order till further orders

The Appellate Authority appointed M/s.WAPCOS as per request of the Appellant to monitor the compliance and suggest the remedial measures. The Rapid Environment Assessment Report submitted by M/s.WAPCOS to the Appellate Authority in the month of 5/12/2005 was not inconformity with the prevailing environmental regulations and did not cover the required technical aspects. Therefore, the Appellate Authority directed M/S.WAPCOS to consult Laboratories approved by the Ministry of Environment & Forests, Govt.of India and to submit updated report, which was submitted on 2/1/2006, but the Board contested such type of updatation of the report and insist upon afresh report by the highly technical institute like NEERI. The Board has also made it clear that it has already appointed M/s.NEERI to carry out an environmental assessment & monitoring of the said area. The Board has also carried out further monitoring and the results of monitoring show that RSPM values are exceeding the specified limit of 150 ug/mg3 laid down in Schedule-I of the Air (P&CP) Act,1981. Since, the non-compliance further continues, further complaint has been received on 5/1/2006 from the Regional Plant Quarantine Station, Ministry of Agriculture, Govt. of India regarding serious problem of air pollution to the human health and also adversely affecting the working efficiency of the electronic instruments in the Laboratory due to coal handling activities at Haji Bunder. The reports in respect of AAQM at Haji Bunder coal handling area done by M/s.WAPCOS also reveal that the parameters of SPM and RSPM are exceeding the limits and therefore, the Board has to issue proposed directions on 22/2/2006. The Regional Officer, I/C PCI-II, MPCB by his letter dt.12/1/2006 informed the Traffic Manager, Mumbai Port Trust, Mumbai-400 001 to take immediate steps in respect of the complaint of air pollution due to coal handling at Haji Bunder and advised to shift the site of the dumping coal and divert the route of the movement of loaded coal to avoid coal dust pollution in the public interest.

The Board has thereafter extended personal hearing to M/s.Mercator Lines Pvt.Ltd. on 28/2/2006. During the course of personal hearing, M/s.Mercator Lines Pvt.Ltd. has agreed to submit a detailed & concrete proposal for carrying out an environmental improvement by providing mechanical and most modern arrangements for handling of coal at Haji Bunder within 30 days time. However, till date nothing has been submitted by it and therefore, the Board has no alternative than to issue further final directions to stop coal handling by the said company at Haji Bunder area. It appears that M/s.Mercator Lines Pvt.ltd. is not interested in taking concrete steps and only doing time killing by asking time for submitting concrete proposal.

The problem of improper handling of coal at Haji Bunder has not only become sensitive, giving rise to a number of complaints of air pollution by the public at large but it was also discussed at the Floor of Assembly and the Assembly has taken serious note thereof. The Board therefore constantly monitoring the said area and has initiated further actions to secure the compliance. The appeal is still pending before the Appellate Authority.

This office is therefore of the considered opinion that we may call the present status report in respect of AAQM from the Regional Officer-Mumbai, MPCB, giving all details of the compliance and based on the said report, final directions can be issued