In a recent case, A N Padma vs M V Venkatasubbaiah Shetty, the Karnataka High Court has underscored the urgent need for the installation of Automatic Continuous Ambient Air Quality Monitoring Systems by the Karnataka State Pollution Control Board (KSPCB). Justice Suraj Govindaraj emphasized the significance of this initiative, particularly in industrial zones and densely populated areas.
The Court stressed the imperative for the KSPCB to implement an effective system for enforcing environmental laws, ensuring a pollution-free environment for citizens.
The Court highlighted that in the current era of global warming and climate change, neither the KSPCB nor the State can allow costs to hinder environmental protection efforts. It reaffirmed that the right to a pollution-free environment is integral to the fundamental right to life enshrined in Article 21 of the Indian Constitution.
Recognizing the adverse health effects of pollution, the Court directed the Chairman of the KSPCB to present a comprehensive project report within six weeks for implementing statewide air quality monitoring systems.
During the hearing, pollution emerged as a pivotal point of discussion. The Court acknowledged the KSPCB’s response to complaints by conducting on-site tests and laboratory analyses. However, it stressed that pollution monitoring cannot solely rely on complaints and advocated for a continuous monitoring system.
To achieve this, the Court proposed requiring industries to install machinery capable of measuring pollution levels. These machines would generate real-time reports shared directly with the KSPCB database, leveraging Internet of Things (IoT) technology for automated reporting.
The Court mandated that factories categorized under red and orange must install automatic and continuous monitoring stations at the owner’s expense. These stations would monitor pollution within the factories and surrounding areas.
Additionally, the Court emphasized the uniform demarcation of residential, industrial, and commercial zones across all Karnataka cities and towns to ensure orderly development.
It directed the Urban Development Department to submit a report outlining the state’s plan within six weeks, aiming to provide every city resident with a pollution-free environment.
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