Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Online)(NGT) 3879

NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
HON’BLE MR. SUDHIR AGARWAL, J, HON’BLE DR. AFROZ AHMAD, E
Sunil Kumar Ramhet – Appellant
Versus
State of U.P. – Respondent
Original Application No. 424/2023 | I.A NO 337/2024 | I.A NO 98/2024

Advocates:
For the Respondents: Mr. Arvind Kumar, Ms. Shashi Kiran, Ms. Ranu Purohit, Ms. Aditi Dani, Mr. Samaksh Goyal, Ms. Niharika Singh

The court reinforces the 'Polluter Pays' principle, imposing environmental penalties to ensure compliance with ecological standards post-violations.

Headnote:(A) National Green Tribunal Act, 2010 - Sections 14 & 15 - Air (Prevention and Control of Pollution) Act, 1981 - Imposition of environmental compensation - Examination of industrial discharge and compliance with environmental norms - Evidence presented indicates that industrial unit had previously violated environmental standards but subsequently took corrective measures. The Tribunal directed the Project Proponent to ensure compliance with prescribed norms and imposed an environmental compensation of Rs. 24,90,000/- due to past violations and detrimental environmental impact. (Paras 24-26)

(B) Environmental law - Duty of care - Project Proponent must comply with environmental regulations to prevent damage to surroundings - The court highlights the principle of 'Polluter Pays' underscoring that industries must adhere to environmental standards set forth by authorities to avoid penalties and ensure sustainability. (Paras 24-26)

Facts of the case:
The applicant reported untreated waste discharge from the Respondent’s paper industry, leading to pollution and health issues in the surrounding area. Complaints initiated a review, leading to inspections showing compliance after initial violations.

Findings of Court:
The Tribunal discovered that the unit had mitigated its violations and was now cooperating, but past infractions warranted the imposition of environmental compensation as a punitive measure.

Issues: The court addressed the adequacy of environmental compliance measures by the industry, past standards violation, and the subsequent need for financial penalties to manage environmental harm.

Ratio Decidendi: The Tribunal reinforced the requirement for industrial compliance with environmental laws and ratified the 'Polluter Pays' principle through the imposition of financial penalties for historical infractions.

Result: Original Application disposed of; respondents ordered to comply with environment norms and penalties.

Table of Content
1. initial complaint led to investigations of environmental impact. (Para 1 , 2 , 3)
2. inspection and compliance measures were discussed and evaluated. (Para 14 , 15 , 16 , 17)
3. imposition of penalties for past environmental violations is mandated. (Para 24 , 25 , 26)

ORDER

1. This Original Application (hereinafter referred to as ‘O.A’) was registered under Section 14 & 15 of National Green Tribunal Act, 2010 (hereinafter referred to as ‘NGT Act, 2010’) in exercise of suo-moto jurisdiction in view of law laid down in (2022) 13 SCC 401 in Municipal Corporation of Greater Mumbai v. Ankita Singha & Ors. on a letter petition dated 10.03.2023 received from Sunil Kumar Ramhet, S/o Ram Sajeevan, R/o Village Majra Shankar Pur, Indra Nagar, Tehsil and District. Sitapur.

2. The complainant has said that M/s J.B. Daruka Papers Limited is a paper industry functioning at Shahjahpur Road, Village Panchayat, Adwania Grunt, Police Station Rankot, Block/Tehsil and District Sitapur and discharging untreated industrial effluent in a drain next to the village and thereby contaminating drinking water. The industry has stacked big heaps of bagasse and rice husk which spread over to the residences of villagers. The smoke emissions generated by burning of bagasse and rice husk are also causing air pollution and this is affecting not only the agricultural crop and fertility of soil but also causing health hazards to the local people.

3. After being satisfied prima facie that substantial question relating to environment has arisen out of the implementation of enactments specified in schedule 1 to NGT Act, 2010, Tribunal took cognizance of the matter on 01.08.2023 but before proceeding further, found it appropriate to obtain a factual report verifying the complaint and constituted a Joint Committee comprising U.P State Pollution Control Board (hereinafter referred to as ‘UPPCB’) and District Magistrate, Sitapur.

4. The committee was required, besides other, to submit report with regard to compliance with Environmental Clearance (hereinafter referred to as ‘EC’), Consent to Establish (hereinafter referred to as ‘CTE’); Consent to Operate (hereinafter referred to as ‘CTO’) conditions, consented mode of disposal and utilization of treated affluent, to assess damage to recipient environment and suggest restoration measures.

5. The committee was required to submit its report within one month. 6. Pursuant to order dated01.08.2023, Joint Committee submitted its report dated 03.10.2023 after visiting the industrial unit of M/s J.B Daruka Paper Mills, situated at A-1 Industrial Area, Advaniya Grant, Shahjahpur Road, Sitapur (hereinafter referred to as ‘Project Proponent’) on 21.08.2023.

7. The salient details of the industrial unit, observations and recommendations made in the Joint Committee report are reproduced as under:-

“The salient details, observation and recommendation based on the inspection as below:

1	Name & Address of Industry	M/s J B Daruka Paper Mills, A-1, Industrial Area, Advania Grant, Shahjahanpur Road, Sitapur, U. P.
1.	Establishment of the year	1995
2.	Date of Inspection/Inspections	21-08-2023
3.	Nature of Industry	Paper
4.	Category of Industry	Red (Medium)
5.	Operational Status	Operational
6.	Product and Capacity (MT/day )	Kraft Paper-50 MTD
7.	By Product	Soda Ash
8.	Status of Water Consent	Grant up to 31.12.2024
9.	Status of Air Consent	Grant up to 31.12.2024
10.	Source of Water	Tube well-04 Capacity- 30 HP each
11.	Whether water meter installed on Tube well	Yes, electromagnetic flow meter installed by the industry on the all tube well.
12.	Establishment of the year	1995
13.	Date of Inspection/Inspections	21-08-2023
14.	Nature of Industry	Paper
15.	Category of Industry	Red (Medium)
16.	Operational Status	Operational
17.	Product and Capacity (MT/day )	Kraft Paper-50 MTD
18.	By Product	Soda Ash
19.	Status of Water Consent	Grant up to 31.12.2024
20.	Status of Air Consent	Grant up to 31.12.2024
21.	Source of Water	Tube well-04 Capacity- 30 HP each
22.	Whether water meter installed on Tube well Authoriz

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2024 Supreme(Online)(NGT) 3879

NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)HON’BLE MR. SUDHIR AGARWAL, J, HON’BLE DR. AFROZ AHMAD, ESunil Kumar Ramhet – AppellantVersusState of U.P. – RespondentOriginal Application No. 424/2023 | I.A NO 337/2024 | I.A NO 98/2024

The court reinforces the 'Polluter Pays' principle, imposing environmental penalties to ensure compliance with ecological standards post-violations.

Cases Referred (1)

NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
HON’BLE MR. SUDHIR AGARWAL, J, HON’BLE DR. AFROZ AHMAD, E
Sunil Kumar Ramhet – Appellant
Versus
State of U.P. – Respondent
Original Application No. 424/2023 | I.A NO 337/2024 | I.A NO 98/2024