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2022 Supreme(Online)(NGT) 842
NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
Sudhir Agarwal, Prof. A. Senthil Vel, JJ
Varun – Appellant
Versus
Delhi Pollution Control Committee – Respondent
M.A. No. 95/2022 & M.A. No. 96/2022 | Original Application No. 620/2019
For the Appellants/Petitioners: Ritaj Kakker
For the Respondents: Sakshi Popli
Environmental laws must be upheld, and failure to comply with pollution control orders results in rejection of appeals for relief.
Headnote:(A) Environmental (Protection) Act, 1986 - Sections 31(A) & 33(A) - Air Act, 1981 & Water Act, 1974 - Pollution from dyeing factories leading to environmental degradation - Tribunal constituted a joint committee to assess violations by dyeing units in Bawana Industrial Area, determining compliance and environmental compensation owed by factory owners, particularly in non-compliance with earlier orders related to pollution control measures. (Paras 1, 5, 7, 9)
(B) Environmental Compensation - Assessment for violations - Identified units did not comply with closure directions and failed to pay the assessed environmental compensation of Rs. 47 lakhs as directed by the DPCC; their operational activities violated environmental laws leading to health hazards in surrounding areas. (Paras 7, 9)
Facts of the case:
The applicant sought de-sealing of an industrial plot rented to a dyeing firm accused of discharging pollutants in violation of prior directives. The Tribunal found ongoing violations necessitated the compliance of earlier orders and payment of assessed compensation.
Findings of Court:
The Tribunal upheld the ongoing sealing of the premises due to non-compliance with the environmental compensation order and persistence of violations.
Issues: The primary issue was the compliance by various industries with pollution control measures and payment of environmental penalties.
Ratio Decidendi: The Tribunal ruled that the applicant's request for de-sealing is untenable due to ongoing violations and non-payment; hence, the appellants' motions were rejected.
Result: M.A. No. 95/2022 & M.A. No. 96/2022 rejected.
| Table of Content |
|---|
| 1. polluting industries are discharging harmful substances alarming health risks. (Para 1) |
| 2. joint committee tasked to assess violations and compliance. (Para 2 , 3) |
| 3. applicant's appeal for de-sealing based on prior compliance ignored. (Para 4 , 5 , 6) |
| 4. failure to pay environmental compensation upheld for ruling. (Para 7 , 9) |
ORDER
1. Grievance raised in original application is that respondent nos. 5 to 22 i.e. Uday Kumar/Sanjay Kumar Jha, Color Solutions, Mr. Ramu Rahul, Mr. Sandeep, Mr. Praveen Bansal, Denim World (Manpreet Singh), Rakesh Srivastava, Vaibhav Gulati, Arun, Arun Jain, Shailesh, Dayanand Dubey Singh Fab, Hari Om Tharejja and Hema Tharejja (Modern Garments Dyeing), Abhinav, Shadex, Shiv Laxmi Wash, Ankit Dyeing (Ashok Sharma) and Mystic are carrying on red category industries and discharging pollutants into the ambient air, water and soil. The activities are dyeing factories using chemicals. The discharge of effluents results in diseases like lung cancer, asthma, diarrhoea etc. The polluting activities are located in Bawana Industrial Area, Mayapuri Industrial Area, Uttam Nagar and Khyala.
2. Tribunal found it appropriate to obtain a factual report in O.A No. 620/2019 by constituting a joint committee of Central Pollution Control Board, Delhi Pollution Control Committee and the concerned District Magistrates.
3. The report was filed on 12.10.2019 by DPCC wherein it was stated that requisite remedial action was taken and compensation was also assessed for violation. In view thereof, this Tribunal disposed of O.A by order dated 21.12.2019, observing that no further order was necessary to be passed at that stage.
4. Thereafter, M.A. No. 95/2022 and M.A. No. 96/2022 were filed.
5. M.A. No. 95/2022 is filed by one Rajendra Prasad Bansal stating that applicants firm M/s Ambay Trades and Manufacturers (India) was allotted an industrial plot admeasuring 250 sq/m in Sector-5, Pocket D, Plot No. 290, Bawana Industrial Complex. The said premises was let out to one Shailesh, owner of Shri Balaji Wash i.e. R-15 in O.A No. 620/2019. The O.A No. 620/2019 was filed complaining that red category industries were discharging pollution of air, water and soil and running illegally. In view of the report of DPCC, matter was closed. The violations are removed and directions of DPCC have been complied. Hence the premises of applicant be directed to be de-sealed.
6. Tribunal found it appropriate to obtain a report for which purpose, a joint committee was constituted comprising District Magistrate and DPCC.
7. Now, DPCC has filed report dated 16.01.2023 wherein it has stated that a sum of Rs.47 lakhs was assessed as environmental compensation against the concerned project proponent but the said amount has not been paid. Relevant extract of the report is reproduced as under:-
“That as per records of the DPCC, the status of 19dying factories located in Bawana Industrial Area, Mayapuri Industrial Area, Uttam Nagar and Khyala etc. are as under:
| Particulars | Unit Name and Respondent Number as per Executio Application No. 25/2020 | Number of units/premi ses |
| Does not exist | Mann Wash(M/s Ramu Rahul) - • M/s Mayapuri (R-7) Shiv Laxmi Wash, Uttam Nagar (R/20) • Ankit Dying, Uttam Nagar (R/21) • | 3 |
| EDC imposes | • Pankaj Bhushan, Khyala (R/4) • Uday Kumar/Sanjay Kumar Jha (R/5) • ParveenBansal, M/s Ocean Enterprises, DSIIDC, DSIIDC, Bawana (R/9) • VaibhavGulati, DSIIDC, Bawana (R/12) I-34,Sector-4, DSIIDC, Bawana • Arun, (R/13) • Arun Jain,G-80, Sector-4, DSIIDC, Bawana (R/14) M/s ShriBalaji • Shailesh, Wash, D-290, Sector-5, DSIIDC, Bawana (R/15) | 7 |
| No action warranted | Color Solutions, • M/s DSIIDC, Bawana Industrial Area (R-6) • Mr. Sandeep, Mayapuri (R8) Bawana • M/s DenimWorld (Manpreet Singh), Industrial Area (R-10) • M/s Rakesh Srivastava, DSIIDC, Bawana Industrial Area (R-11) • M/s Singh Fabric Dyeing, Mayapuri (R-16) • M/s ModernGarments Dyeing(Mr. Hari Om Tharejja&HemaTharej a), Mayapuri(R-17) • M/s Malilsa--EntFprises, Mayapuri(R-18) Shadex, M/s S | |
