Hospitality establishments must obtain pollution control consents; non-compliant units granted three months for regularization, failing which closure and compensation enforced by regulator.

ORDER

1. This original application was instituted by Prasoon Pant and Pradeep Kumar, applicants, under Section 14 and 15 of National Green Tribunal Act, 2010 (hereinafter referred to as ‘NGT Act, 2010’) raising a complaint against Hospitality Establishments like restaurants, hotels, malls, operating in District Ghaziabad without obtaining requisite consent under Water (Prevention and Control of Pollution) Act, 1974 (hereinafter referred to as Water Act, 1974’) and Air (Prevention and Control of Pollution) Act, 1981 (hereinafter referred to as ‘Air Act, 1981’).

2. The applicant initially impleaded respondents 7 to 27, which are some of the hotels, restaurants and malls, and according to the applicants, were functioning without obtaining consent under the aforesaid Statutes.

3. Applicant stated that Ghaziabad is classified as ‘critically polluted area’ by Central Pollution Control Board (hereinafter referred to as ‘CPCB’), based on Comprehensive Environment Pollution Index and one of the ‘non-attainment cities’, wherein level of PM10 from industrial and vehicular sources is amongst the highest in the country. Respondent 7 to 27 are hospitality entities running full fledged, eateries, restaurants, etc. and within the purview of directions given by this Tribunal vide order dated 04.02.2021 in O.A 400 of 2017, Westend Green Farm Society versus Union of India and others., wherein CPCB was asked to come up with a set of directions for complying with environmental norms by such eateries, hotels, banquets, food joints and restaurants. Under the guidelines of CPCB, individual eateries and restaurants on road sides with a minimum seating capacity of 36 people and also running hospitality destinations such as hotels, banquets and malls, etc, or otherwise, are required to seek and obtain consent under the above Statutes from UP Pollution Control Board (hereinafter referred to as ‘UPPCB’) in addition to a host of other environmental authorizations. As most of these establishments have food courts and restaurants, being in their nature of business, these dining-out outlets are required to have environmental clearances as directed by Tribunal in aforementioned OA. The 21 hospitality establishments impleaded in the application are in violation of the CPCB and UPPCB directions framed in the wake of NGT order in the aforementioned OA, as these do not have an NOC of State Pollution Control Board. Being in the vicinity of national capital, hospitality industry of Ghaziabad has s a high footfall of around 40-50 lakhs people a month that could be generating lots of air and water pollution and misuse of already stressed resources, such as groundwater. Hence, it becomes all-the-more important that business establishments strictly follow the environmental norms.

4. Tribunal being prima facie satisfied that a substantial question relating to environment has arisen due to implementation of enactments is specified in schedule 1 to NGT Act, 2010, found it appropriate to issue notices initially only to respondents 1 and 2 requiring them to file their responses.

5. UPPCB through Regional Officer, Ghaziabad submitted its status report dated 05.07.2023 giving status of 20 banquets, hotels and malls with regard to ‘consent’ as under:-

“SL. No Name of the premises Status of NOC/Consent Remarks