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2021 Supreme(SC) 700
SUPREME COURT OF INDIA
(From the National Green Tribunal)
R. SUBHASH REDDY, HRISHIKESH ROY, JJ.
Tejinder Kumar Jolly and Another – Appellants
Versus
The State of Uttarakhand and Others – Respondents
Civil Appeal No. 218 of 2021
Decided On : 18-11-2021
For the Appellant(s) :V.K. Shukla, SPM Tripathi, Sugam Mishra, Prithvi Joy Das, Jayanta Bhattacharyya, Sarita Verma, Arina Bhattacharjee, Swati Mishra, Swagoti Batchas, Satish Kumar, Advocates
For the Respondent(s):Rahul Verma, Addl.AG Aviral Saxena, Vishwa Pal Singh, Rajendra Prasad, Pallavi, Brijender Singh Dhull, Mukesh Verma, Shashank Singh, Vivek Gupta, Ashutosh Garg, Advocates
IMPORTANT POINTS
(1) Public interest would warrant action against polluting units – This is equally applicable to those industrial units which have been functioning since long.
(2) Adherence to environmental and pollution norms cannot be compromised for factual misunderstandings or due to cryptic determination – Orders which have direct repercussions on right to clean environment must surely be outcome of careful scrutiny and substantive deliberation, as per applicable facts.
Headnote:
Water (Prevention and Control of Pollution) Act, 1981 – Air (Prevention and Control of Pollution) Act, 1974 – Environmental pollution caused by Stone Crushing Units – Main stand of respondents before NGT is that they are old units operating since 1985 and they should not be forced to relocate because of later developments – Impugned order of NGT clearly suggests that O.A. No. 449/2019, which was registered in pursuance to adverse Govt. Report against respondents-stone crushers, was never adjudicated on merit – Issues were never taken to its logical end despite clear finding in Government Report that respondents are operating in violation of Government Policy and Environmental norms and ameliorative steps were needed – Public interest would warrant action against polluting units – This is equally applicable to those industrial units which have been functioning since long – Adherence to environmental and pollution norms cannot be compromised for factual misunderstandings or due to cryptic determination – Orders which have direct repercussions on right to clean environment must surely be outcome of careful scrutiny and substantive deliberation, as per applicable facts – NGT was required to address grievance on adverse health impacts on local populace by stone crushers – Tribunal itself had recognized that orders were necessary to resolve the issue – Factual determination had reflected need to ensure heightened compliance with environmental norms for concerned area – At the very least, Tribunal would be expected to ascertain whether substantial compliance of its earlier orders was made by two stone crushing units of respondents – View taken in impugned order to the effect that O.A. No.449/2019 does not require adjudication, does not appear to be in order and same is set aside – O.A. No.449/2019 restored and ordered to be adjudicated on merit. (Paras 10, 19, 20 and 21)
Facts of the case:
Challenge here is to the order dated 27th August, 2019 whereby the learned National Green Tribunal opined that the O.A. No. 449 of 2019 registered Suo Moto by the Tribunal, would not require adjudication in light of the order passed while disposing of the O.A. No. 332 of 2017.The matter pertains to two stone crushers operated by the respondent nos. 4 and 5 in Village Fatta Bangar at Haldwani in Nainital District. The contention of appellant (based on the report dated 7th April, 2014 of Halka Patwari) is that the two stone crusher units are operating in violation of statutory environmental norms, in close vicinity of their village and also at near distance to the nearby schools and colleges.
Findings of Court:
NGT should have decided the O.A. 449/2019 on merit, instead of closing the proceeding, as a disposed of matter. Decision on merit was particularly expected since the NGT itself on 11.12.2018 (while disposing of O.A. No. 332/2017), had directed the State Government to assess functioning of the stone crushers, and to take action for their closure in the event they are found violating any of the policy parameters or environmental norms.
Result : Appeal allowed.
JUDGMENT :
HRISHIKESH ROY, J.
1. Heard Mr. V.K. Shukla, learned counsel for the appellants. Also heard Mr. Rahul Verma, the learned Additional Advocate General for the State/respondent No. 1, Mr. Mukesh Verma, learned counsel for Respondent No. 2 and Mr. Dhruv Mehta, learned senior counsel for respondent Nos. 3 to 5.
2. The challenge here is to the order dated 27th August, 2019 whereby the learned National Green Tribunal (for short the ‘NGT’) opined that the O.A. No. 449 of 2019 registered Suo Moto by the Tribunal, would not require adjudication in light of the order passed while disposing of the O.A. No. 332 of 2017.
3. The matter pertains to two stone crushers operated by the respondent nos. 4 and 5 in Village Fatta Bangar at Haldwani in Nainital District. The contention of the appellant (based on the report dated 7th April, 2014 of the Halka Patwari) is that the two stone crusher units are operating in violation of the statutory environmental norms, in close vicinity of their village and also at near distance to the nearby schools and colleges.
4. The appellant no. 1 and his father Umrao Singh Bhandari (now deceased) had moved the NGT for relocating the two stone crushers alleging unbearable sufferings due to noise and air pollution emanating from those units. A complaint, in this regard was also filed on 10th November, 2013 by the Principal of the Government Inter College, Moti Nagar alleging that due to the stone crushers operations, teaching is affected and the health of the students and teachers of the college are compromised. A like complaint was made to the District Magistrate, Nainital by the appellants pointing out the suffering of their co-villagers.
5. Following the above complaint, the Deputy Director, Mining addressed a letter on 7th March, 2014 to the Regional Officer, Pollution Control Board, Haldwani for taking necessary action. Thereafter inspection of the area was made and the letter dated 26th March, 2014 of the Deputy Director (Mining) addressed to the SDM, Haldwani indicated that the stone crushers are located in the vicinity of residential houses and those are causing air and noise pollution in the surrounding areas. The report by the jurisdictional Halka Patwari indicated the precise distance of the residential houses/institutions, from the offending stone crusher units. It was also revealed that both units are in close vicinity of agricultural fields where wheat, sugar, soyabean crops are grown. Another report of the Pollution Control Board sent to the District Magistrate, Nainital suggest that the respondent units do not have valid permission, under the Water (Prevention and Control of Pollution) Act, 1981 and the Air (Prevention and Control of Pollution) Act, 1974 and their request for permission was pending for consideration. Moreover, the on-site inspection of both Himalaya Stone Industries and the Himalaya Grits reflected that acoustic enclosure on the DG set are not installed and the stone crushers are operating beyond the established norms and parameters.
6. Noticing the inaction of the authorities, despite the above reports, the appellants filed O.A. No. 332 of 2017 seeking closure/re-location of the stone crushers. In the said proceeding, the NGT passed an interim order on 10th August, 2017 restricting the operation of both units during the day time from 7 a.m. to 6 p.m. This interim order was modified on 19th September, 2017 whereby the NGT clarified that loading/unloading operation can be carried out by the respondent units up to 8 p.m.
7. On orders of the Tribunal, a joint inspection was also carried out and the report thereof was placed before the NGT. The appellants filed objection to the said report whereafter, O.A. No. 332 of 2017 was disposed of on 3.4.2018, with the following order:
“Heard the Learned Counsel for the parties.
As the matter involves a short question which is in dispute between the parties, we propose to dispose of this Application at this stage. After perusing the materials on
