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2024 Supreme(Online)(NGT) 95
NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
MR. JUSTICE PRAKASH SHRIVASTAVA, CJ, MR. JUSTICE SUDHIR AGARWAL, J, DR. A. SENTHIL VEL, J
SHAILESH SINGH – Appellant
Versus
STATE OF HARYANA – Respondent
Execution Application No. 26/2023 / DELHI
Execution applications must specify non-compliance with clear directives; failure to do so may result in dismissal.
Headnote:(A) Environment (Protection) Act, 1986 - Sections 5 and 18(1)(b) - Execution Application filed for enforcement of orders regarding environmental compliance - Applicant sought closure of industries operating without consent and polluting water sources - Tribunal found no substantial compliance with previous orders and dismissed the application for execution, imposing costs. (Paras 1-57)
(B) Environmental Compliance - The Tribunal emphasized the need for effective monitoring and compliance of environmental laws, highlighting the failure of regulatory bodies to act against polluting industries. (Paras 9, 10, 11, 12, 32)
(C) Judicial Review - The Tribunal reiterated that execution applications must specify non-compliance with clear directives, failing which they may be dismissed. (Paras 44-56)
Facts of the case:
The applicant, an environmental activist, filed an Execution Application seeking enforcement of orders against various industries in Haryana for non-compliance with environmental regulations, alleging pollution of water sources.
Findings of Court:
The Tribunal found that the applicant failed to demonstrate specific non-compliance with its previous orders and dismissed the application, imposing costs for misuse of judicial resources.
Issues: The main issues included whether the applicant could enforce previous orders and the adequacy of actions taken by regulatory bodies against polluting industries.
Ratio Decidendi: The Tribunal ruled that execution applications must clearly identify non-compliance with specific orders; otherwise, they may be dismissed as misconceived.
Result: Execution Application dismissed with costs of Rs. 2,000/-.
BY HON’BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
1. This Execution Application (hereinafter referred to as ‘EA’) has been filed by Shailesh Singh in Original Application No. 639/2018 (hereinafter referred to as ‘OA’), Shailesh Singh vs. State of Haryana & Others with a prayer for execution of orders and directions dated 05.11.2019, 25.08.2020 and 23.03.2021 passed in the above OA.
2. Applicant seeking execution has also prayed for issue of a direction of civil imprisonment or stopping of salary of erring officers who had irresponsibly handled the situation resulting in further degradation of environment.
3. OA was filed vide memo of application dated 31.08.2018 by Shailesh Singh impleading 96 respondents which included State of Haryana through Chief Secretary as respondent 1, Haryana State Pollution Control Board (hereinafter referred to as ‘HSPCB’) as respondent 2; Central Pollution Control Board (hereinafter referred to as ‘CPCB’) as respondent 3; Central Ground Water Authority (hereinafter referred to as ‘CGWA’) as respondent 4; Ministry of Water Resources, River Development & Ganga Rejuvenation (hereinafter referred to as ‘MoWR, RD&GR’) as respondent 5 and 91 private parties i.e., various industries.
4. Private respondents included 02 industries namely Asian Colour Coater Ispat Ltd. as respondent 6 and Kansai Nerolac Paints Ltd. as respondent 7, which were functioning in District Rewari. 55 industrial units functioning in District Panipat were impleaded as respondents 08 to 62 and the same are as under:
- i.
- M/s Satish Steel Udyog ii.
- M/s Anandtex India Pvt. Ltd iii.
- M/s Anandtex International Pvt. Ltd. iv.
- M/s Bindal Industries v.
- M/s Anil Spinners vi.
- M/s Gupta International vii.
- M/s Home Trends viii.
- M/s Jagriti Drapes ix.
- M/s Jai Udyog x.
- M/s Kanodia Global Pvt. Ltd. xi.
- M/s Khushboo Processor xii.
- M/s Jindal Woolen Industries xiii.
- M/s Jindal Yarn Pvt. Ltd xiv.
- M/s Derby Dairy Pvt. LTD. xv.
- M/s Lally Automobiles (India) Pvt. Ltd xvi.
- M/s Lovely Matching Centre xvii.
- M/s Metro Agri Industries Ltd. xviii.
- M/s ParvTex India xix.
- M/s Naveen Processors xx.
- M/s Prakash Woolen Mills xxi.
- M/s PRJ Sanitary Appliances (P) Ltd. xxii.
- M/s Mittal Steels xxiii.
- M/s Rangai Udyog xxiv.
- M/s Rkh Handicraft (P) Ltd. xxv.
- M/s Sainik Industries xxvi.
- M/s Shiv Polymers (Textile Industry) xxvii.
- M/s Shivalik Prints xxviii.
- M/s Triveni Industries xxix.
- M/s Shree Krishna Industries xxx.
- M/s Nile Overseas xxxi.
- M/s N.K. Fastener xxxii.
- M/s Vij Engineering & Consultants (P) Ltd. xxxiii.
- M/s VSP Enterprises (P) Ltd. xxxiv.
- M/s Chroma Processor (Textile Dyeing) xxxv.
- M/s Govind Process xxxvi.
- M/s Gold Spin India Pvt. Ltd. xxxvii.
- M/s Shree Krishna Industries xxxviii.
- M/s Subh Lakshmi Textiles (P) Ltd. xxxix.
- M/s Sunny International Ltd. xl.
- M/s Faze Three Ltd. (Textile Mill) xli.
- M/s Mittal Steels xlii.
- M/s Charak Pharma Pvt. Ltd. xliii.
- M/s GRM Overseas Ltd. (Rice Mill) xliv.
- M/s Harisons Automobiles xlv.
- M/s Jindal Spinning Mills Ltd. xlvi.
- M/s Raghav Woollen Mills xlvii.
- M/s SR Overseas xlviii.
- M/s Sachdev Home Furnishing (P) ltd.
- xlix.
- M/s Sarv India Home Furnishing l.
- M/s Shalumbra Spinners li.
- M/s SSA International Ltd. lii.
- M/s Swan K Motors (P) Ltd. liii.
- M/s Unique Processors liv.
- M/s Vardhman Yarn lv.
- M/s Aadit Motors (P.) Ltd. (Ford Showroom)
5. 33 industrial units functioning in District Sonipat were impleaded as respondents 63 to 95 and the same are as under:
- i.
- M/s Atlas Cycles (Haryana) Ltd. ii.
- M/s Bharat Leather Manufacturers Pvt. Ltd. iii.
- M/s Bio Synergy India iv.
- M/s Chintpurni Foods Pvt. Ltd. v.
- M/s Choudhary Chemical Industries vi.
- M/s Combitic Global Calpet Pvt. Ltd. vii.
- M/s Coral Drugs Pvt. Ltd. (Unit-II) viii.
- M/s Galaxy Leathers ix.
- M/s Indian Leathers x.
- M/s JPG Electricals Pvt. Ltd. xi.
- M/s Kohinoor Foods Ltd. xii.
- M/s Kashmir Katha Industries Pvt. Ltd. xiii.
- M/s Mahesh Wood Products Pvt. Ltd. xiv.
- M/s Malwa Auto Sales Pvt. Ltd. xv.
- M/s Malwa Motors Sales Pvt. Ltd. (Chevorelet) xvi.
- M/s Mannat Haveli (M/s Laguna Hospitality) xvii.
- M/s M.R. Engineers xviii.
- M/s Novateur Electrical Digi
