SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2021 Supreme(Online)(NGT) 325

Item No. 04 Court No. 1 BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI (By Video Conferencing)

Original Application No. 924/2019 (With reports dated 25.03.2021 and 01.04.2021)

Neeraj Goyal Applicant Versus State of Punjab Respondent(s)

Date of hearing: 06.04.2021 CORAM: HON(cid:146)BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON HON(cid:146)BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER HON(cid:146)BLE MR. JUSTICE BRIJESH SETHI, JUDICIAL MEMBER HON(cid:146)BLE DR. NAGIN NANDA, EXPERT MEMBER Respondents: Ms. Anusha Nagarajan, Advocate for PPCB Mr. Balendu Shekhar, Advocate for CPCB

ORDER

1. The issue for consideration is remedial action against polluting activities by the motor scraping units in Mandi Gobindgarh, Punjab.

2. The Tribunal considered the matter earlier on 11.02.2020 in light of report dated 27.01.2020 furnished by the joint Committee comprising the Central Pollution Control Board (CPCB), State Pollution Control Board (SPCB) and the Municipal Council, Mandi Gobindgarh. The Committee was constituted to examine the compliance of the Hazardous and Other Waste (Management & Transboundary Movement) Rules, 2016, apart from the provisions of the Air (Prevention and Control of Pollution) Act, 1981 and Standard Operating Procedure (SOP) to deal with the metal and other scraps.

3. The Committee found serious violations and taking note of the findings of the Committee which were quoted in the order dated

11.02.2020, the Tribunal observed:-

(cid:147)4. The above report does not effectively deal with the serious problem and is not, thus, satisfactory. More units should have been monitored having regard to the adverse consequences on the health of the inhabitants in violation of Fundamental Right to breathe clean air and to clean environment. Continuous and stringent action is required which has not yet been taken. Let the Committee file a fresh and detailed report by covering large number of units.

We also direct that carrying capacity of the area to sustain such activities may be conducted by the Committee in terms of number of such units which can be sustained to give effect to (cid:145)Sustainable Development(cid:146) principle and to enable the regulatory authorities to ensure steps for preventing pollution.

5. Accordingly, we direct the State PCB to take further stringent measures by way of stopping the polluting activities and recovering compensation on (cid:145)Polluter Pays(cid:146) principle, apart from any other statutory action as may be warranted in the situation.(cid:148)

4. The matter was last considered on 01.10.2020 in the light of interim reports dated 14.03.2020, 14.05.2020, 14.07.2020 and 26.09.2020 mentioning the details of the action taken. The Tribunal found that serious violations of environmental norms were continuing and the monitoring was inadequate. Thus, meaningful remedial action was required, including shifting of the fuel to Piped Natural Gas (PNG) and wherever such shifting was not done, to close the units. Further direction was to complete study on carrying capacity and monitor compliance of hazardous waste management norms, including regulation of import, closing of illegal dismantling units, disposal of non-recyclable waste and extraction of groundwater. Operative part of the order is as follows:

(cid:147)4. In compliance of the above, the joint Committee has filed interim reports dated 14.03.2020, 14.05.2020, 14.07.2020 and

26.09.2020. It would suffice to refer to the last report as follows:-

(cid:147)5. In compliance to order dated 11/2/2020, the Committee carried out field study by taking the assistance of additional manpower from CPCB and PPCB. The following additional officials from CPCB and PPCB provided support to the Committee:

1. Ms. P.K Selvi, Scientist 0’, CPCB, Delhi.

2. Sh. Sahil Patel, Scientist 93’, CPCB, Delhi.

3. Sh. Mohit Singla, Assistant Environmental Engineer, PPCB.

4. Sh. Rubal Goyal, Assistant Environmental Engineer, PPCB.

5. Sh. Dharamvir Singh. Junior Environmental Engineer, PPCB

6. The Committee referred to above inspected 150 units covering different industrial activities such as Induction furnace, Rolling Mill, Importers/Dismantling units/Local scrap traders during 21.02.2020 to 02.03.2020. PPCB being nodal agency submitted interim report on 14.03.2020 before Honble NGT. The violations observed during the inspections carried out from 21/02/2020 to 02/03/2020 in the area of Mandi Gobindgarh were conveyed to PPCB vide CPCB’s letter no. 2543 dated 15/07/2020. Action in the form of closure, imposition of Environment compensation and issuance of advisory has been

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top