UPPCB must impose environmental compensation on polluting mines under Polluter Pays principle for past violations.

ORDER

2. The matter relates to ineffectiveness of regulation pertaining to air pollution by Uttar Pradesh Pollution Control Board. As per the article, pursuant to an order passed by this Tribunal on 17.10.2023 in OA NO. 176/2022, Uttar Pradesh Pollution Control Board (hereinafter referred to as ‘UPPCB’) issued a notice shutting down nine (9) mines with immediate effect. The notice was issued citing violation of section 25 of the Water (Prevention and Control of Pollution) Act, 1974 Board (hereinafter referred to as ‘Water Act, 1974’) and section 21 of the Air (Prevention and Control of Pollution) Act, 1981 Board (hereinafter referred to as ‘Air Act, 1981’). The article highlights non-compliance of the notice served by the UPPCB by the Regional Pollution Control Officer. The article states that the notice issued by UPPCB did not follow the most suitable path of implementation because the authorities responsible to implement the order are still waiting for the directions to be issued by UPPCB.

3. The news item indicates violation of the provisions of the Environment Protection Act, 1986 Board (hereinafter referred to as ‘EP Act, 1986’), Water Act, 1974 and Air Act, 1981.

4. Tribunal examined the matter on 22.05.2024 and found it appropriate to Implead following as respondents:-

(i). Ministry of Environment, Forest and Climate Change Regional Office Lucknow, through its Deputy Director General Integrated Regional Office Kendriya Bhawan, 5th Floor, Sector ’H’ Aliganj, Lucknow 226020.

(ii). Uttar Pradesh Pollution Control Board, Through its Member Secretary BuildingNo. TC-12V Vibhuti Khand, Gomti Nagar Lucknow-226 010 iii). Central Pollution Control Board, Through its Member Secretary Parivesh Bhawan, East Arjun Nagar, Delhi-110032.

(iv). District Magistrate, Sonbhadra DM Office, Lodhi Sonbhadra- 231216 Uttar Pradesh, India.

5. Notices were issued to said respondents enabling them to file their responses.

6. UPPCB submitted report vide email dated 08.07.2024 stating that closure orders were already issued in respect of eight mining leases operating in District Sonebhadra on 10.01.2024 under Section 31 (A) of Air Act, 1981. Copies of closure orders were filed collectively as annexure I to said report which shows that said orders were passed with reference to order dated 17.10.2023 passed by the Tribunal in OA No. 176 of 2022, Aman Chaudhary versus Union of India and others. Since proponents had not obtained Consent to Operate under Water Act, of 1974 and Air Act, 1981, hence orders for closure of units were passed.

7. Report further stated that for effective compliance of closure orders, letter was sent to District Magistrate, Sonebhadra also with request for taking steps for compliance of closure orders.

8. Central Pollution Control Board (hereinafter referred to as ‘CPCB’ also filed reply/response dated 10.07.2014 wherein stand taken by UPPCB was reiterated. District Magistrate, Sonebhadra has submitted response/action taken report dated 10.07.2024 and therein also stand taken by UPPCB is reiterated.

9. A further response has been filed by UPPCB vide letter dated 14.08.2024 wherein also stand taken in report dated 08.07.2024 is reiterated.

10. However, when the matter was examined by Tribunal on 21.08.2024, it found that in reply dated 01.07.2024 submitted by District Magistrate, it was said that 6 out of 8 mining leases have been closed and are not operational and 2 have valid leases presently though stand taken by UPPCB was different hence there was an apparent contradiction. Pointing out this contradiction, Tribunal re