Dust in construction zone isn’t okay

Pushpa Girimaji

I live in a cooperative group housing society in the National Capital Region. The ownership of one of the houses opposite mine changed hands last year and ever since, the new owners have been rebuilding the house. Besides the constant noise and dust emanating from marble cutting, my family and I are subjected to increased dust pollution because the owners or the contractors constantly put heaps of very fine sand outside the construction site on the pavement. Despite requests, neither the society nor the owners have bothered to take any action. Can I haul up the owner/contractor and the society’s office bearers for this misery? 

You must know that the owner and the contractor are violating the detailed directions of the National Green Tribunal on dust mitigation in the construction industry and this applies to all constructions, however small. Your society also has a responsibility to ensure that everyone complies with these.

In April 2015, in its order in Vardhaman Kaushik Vs Union of India, the NGT made it clear that no construction material of any kind, particularly sand, should be kept on any part of the street or roads in any colony. And even the material stored at the site should be fully covered. It also mandated that the builder should put barricades around the construction site. Dust emissions from the site should be completely controlled. The NGT also mandated compulsory use of wet jet in grinding and stone cutting and called for protective gear, including face masks for the workers. It gave instructions on transportation of construction material as well as waste and its disposal.

Referring to severe air pollution in the NCR, the NGT said any one found violating its directions would be liable to pay compensation of Rs 50,000 per default in relation to construction activity at the site and Rs 5,000 each for violation during transportation of construction material as well as debris through truck or any other vehicle, under Section 15 of the NGT Act on the principle that the polluter pays. Such action would be in addition to what the authorities may take against the builder, owner, transporter, in accordance with the laws in force, NGT said.

What the NGT said is very relevant here: “The constitutional right to life, decent and clean environment has to take precedence over the right of an individual to carry on business activity.” So please go ahead, make your society office bearers realise their responsibility and also complain about the owner/builder to the NGT, the civic authority as well as the state pollution control board for appropriate action under the law. 

Any other guidelines I can quote...

Guidelines on Dust Mitigation Measures in Handling Construction Material and Construction and Demolition Waste 2017, issued by the Ministry of Environment, Forests and Climate Change also address dust abatement measures pertaining to construction industry. 

The ministry, on January 25, 2018 notified Environment (Protection) Amendment Rules mandating dust mitigation measures for all construction and demolition activities. And these apply to all cities and towns where the value of particulate matter exceeds the prescribed limits in the National Ambient Air Quality Standards.

The rules prohibit grinding and cutting of building materials in open area. Similarly, no construction material that causes dust shall be left uncovered, it says. So do raise your voice against those violating the law. Encourage others to complain too. If you see any violation, complain and demand that the enforcement agencies take appropriate action and report to you.