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2024 Supreme(Online)(NGT) 2265
NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
Sudhir Agarwal, Judicial Member, Afroz Ahmad, Expert Member
Salman Miya – Appellant
Versus
State of U.P & Ors – Respondent
Original Application No.97/2022 (IA NO 230/2024)
For the Respondents:Mr. Ankit Verma, Advocate for State of U.P (through VC), Mr. Daleep Dhyani, Advocate for UPPCB (through VC), Mr. Rajesh Raina, Advocate for UPSIDA, Mr. R.S. Maurya and Mr. Harish, Advocates for respondents no. 6 & 9, Mr. Rajeev Saxena. Advocate. Respondent no. 7 (through VC)
Amicus Curiae:Mr. Pranjal Agarwal, Advocate (through VC)
NGT directs PCB to enforce against non-compliant industries via closures, compensation; recovered funds for remediation under District-coordinated restoration plan, preserving appeal rights.
Headnote:(A) National Green Tribunal Act, 2010 - Sections 14 & 15 - Water (Prevention and Control of Pollution) Act, 1974 - Sections 33A, 32(1)
(C) - Air (Prevention and Control of Pollution) Act, 1981 - Section 31A - Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 - E-Waste (Management) Rules, 2016 - Suo motu action on complaint of illegal acid/chemical factories burning e-waste emitting poisonous gases in industrial area - Joint Committee inspections revealed multiple units operating without consents, authorizations, pollution control devices, effluent treatment plants, proper hazardous waste disposal, using unapproved fuels - UPPCB issued closure orders to 2 units, show cause notices to others, imposed environmental compensation totaling over Rs.12 lakhs, recovered substantial portion - Tribunal directed expeditious recovery of compensation, preparation and execution of Environment Restoration Plan by Joint Committee with District Magistrate as nodal agency, within timelines, without prejudice to appeals. (Paras 27, 28)
(B) Environmental Compliance - Role of Pollution Control Boards - Duty to undertake punitive, preventive, remedial actions against non-compliant industries including closures, compensation imposition/recovery - Post-remediation, compensation utilization for environmental restoration via approved plans coordinated by local administration. (Paras 27, 28)
Facts of the case:
Suo motu Original Application initiated on letter complaint alleging illegal operations of acid/chemical units burning e-waste in approved industrial area causing health hazards - Joint Committee (CPCB, UPPCB, District authorities) conducted inspections of over 65 units, identified violations like absence of consents to establish/operate, authorizations, air pollution control devices, effluent treatment, hazardous waste management - UPPCB took enforcement actions including closures, notices, compensation; compliance reports showed progressive remediation with most units achieving compliance or closure.
Findings of Court:
Out of inspected units, substantial compliance achieved through regulatory actions; narrowed issue to ensuring complete enforcement against remaining non-compliant units, recovery of compensation for remediation.
Issues: Whether regulatory actions by UPPCB against non-compliant industrial units in industrial area for violations of pollution control norms were adequate; directions needed for remediation and compensation utilization.
Ratio Decidendi: Pollution Control Boards must enforce statutory violations through closures, notices, compensation; recovered funds utilized for environment restoration under coordinated plan by District authorities as nodal agency; observations not to prejudice appellate remedies.
Result: Original Application disposed with directions for action against non-compliant units, compensation recovery, Environment Restoration Plan preparation/execution within 3 months.
| Table of Content |
|---|
| 1. suo-moto initiation on pollution complaint (Para 1 , 2 , 3 , 4) |
| 2. joint committee inspections reveal violations (Para 5 , 9) |
| 3. impleading parties and responses (Para 6 , 7 , 8 , 10 , 11 , 12 , 13 , 14) |
| 4. detailed unit-wise compliance findings (Para 15 , 16 , 17) |
| 5. tribunal scrutiny of reports (Para 18 , 19 , 20 , 21) |
| 6. conflicting compliance status reports (Para 22 , 24 , 25 , 26) |
| 7. directions for enforcement and remediation (Para 27 , 28 , 29 , 30) |
ORDER
1. This is an application registere d under Section 14 & 15 of National Green Tribunal Act, 2010 (hereinafter referred to as ‘NGT Act, 2010’) in exercise of suo-moto jurisdiction on a letter petition dated 04.12.2021 received from Salman Miya S/o Ashraf, R/o Village Khichra, P.O Dhaulana, District Hapur.
2. Complainant has stated that Naseem Muradabadi, Mula Javed, Aslam, Shami, Rashid Aslam, Sayeed, Irshad, Haji Shakeel, etc are residents of Moradabad and presently residing in Hapur. They are running illegal acid and chemical factories in which e-waste is also burnt causing emission of poisonous acidic and chemical gases which used to cause serious adverse health hazards to children and aged people. Complainant could not get any assistance from Police Authorities as they are in collusion with operators of illegal factories.
3. Tribunal taking notice of complaint on 04.02.2022, found it appropriate to obtain a factual report through a Joint Committee comprising Central Pollution Control Board (hereinafter referred to as ‘CPCB’), U.P Pollution Control Board (hereinafter referred to as ‘UPPCB’), Superintendent of Police, Hapur and District Magistrate, Hapur.
4. Committee was required to submit its report within three months.
5. Pursuant to order dated 04.02.2022, Joint Committee through Regional Officer, UPPCB, Ghaziabad submitted report dated 14.10.2022. Report stated that area situated in the complaint is not residential but an approved industrial area of U.P State Industrial Development Authority (hereinafter referred to as ‘UPSIDA’) at Mussorie, Gulawati Road. With regard to industrial units running on plots G54 Phase I, G45 Phase I, G270 Phase I, G 142 Phase I, G 71 Phase I, G 80 Phase I, Plot No. H-16 Phase I, Plot No. I-10 Phase III, Plot No. I-8, Phase III, Joint Committee recorded its observation and action taken as under:-
“3. Observations 1- Plot number E-59, Phase-1, MG Road, Hapur: Observation dated 23-04-2022: During inspection, setup for manual dismantling of printed circuit boards (PCBs) was, found, followed by leaching and smelting in the pot furnace, which was also available on site in which wood or coal were used as fuel. No air pollution control devices were found to be installed. During the inspection, no work was being done on site and only the security guard was present. It was informed by the guard that the said premise has been taken on rent by Mr. Naseem Ahmed, a resident of Moradabad and the work is currently closed due to Ramzan. The said industry has not obtained any permission such as consent to establish or consent to operate under Water and Air Act or Authorisation under E-Waste(M) Rules, 2016 from the U.P. Pollution Control Board. Observation dated 29-08- 2022: During the inspection, plant and machinery were found removed which were observed during inspection on 23-04-2022.
2- Plot No. G-54, Phase-1, MG Road, Hapur: Observation dated 23- 04-2022: During inspection, it was found that manual dismantling of e-waste was being done on the said plot. It was informed by the representative present in the industry that the owner of the said industry is Mr. Arif resident of Moradabad, has taken the premises on rent. No plant machinery was found installed during the inspection. The guard present during the inspection could not present proof of the firm’s name and permission from the concerned departments. The said industry has not obtained either consent to establish or consent to operate and Authorization under E-Waste(M) Rules, 2016 from the U
