Back
2024 Supreme(Online)(NGT) 3884
NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
SUDHIR AGARWAL, J, DR. AFROZ AHMAD, ACJ
Sumit Saini – Appellant
Versus
Haryana State PCB – Respondent
Original Application No.373/2022
For the Appellants/Petitioners: Applicant in person (through VC)
For the Respondents: Ms. Anubha Agrawal, Mr. Rahul Khurana
Environmental violations by multiple industries warranted compensation and corrective measures; operational permits with ongoing compliance monitoring were upheld.
Headnote:(A) Municipal Corporation of Greater Mumbai Vs. Ankita Singha & Ors. - Environmental Protection Laws - The case addresses environmental violations by industries in Damla including untreated discharge of effluents and air pollution. The Tribunal directed an action plan for utilization of environmental compensation for restoration efforts. (Paras 1, 14, 42)
(B) Water (Prevention and Control of Pollution) Act, 1974 & Air (Prevention and Control of Pollution) Act, 1981 - Violations of these acts occurred due to improper storage of biodegradable waste causing pollution. Environmental Compensation was imposed, and compliance measures were required. (Paras 12, 14, 38)
Facts of the case:
The applicant raised concerns regarding numerous industries causing environmental pollution in Yamuna Nagar, leading to the NGT's intervention and formation of a Joint Committee to investigate these allegations and report back on environmental compliance.
Findings of Court:
The Tribunal found previous violations have led to environmental compensation but authorized continued operation of the unit under regulatory compliance and monitoring. The tribunal ordered periodic inspections by HSPCB to ensure adherence to environmental norms.
Issues: The Tribunal addressed industry compliance with environmental standards and actions taken by HSPCB in response to past violations.
Ratio Decidendi: The Tribunal underscored the importance of adhering to environmental laws and established that while industries must comply with environmental regulations, previous compensatory actions were satisfactory in addressing past violations. Ongoing monitorings of compliance were mandated.
Result: Application disposed of with specific directions.
| Table of Content |
|---|
| 1. the tribunal acknowledged the environmental issues raised concerning industries in yamuna nagar and initiated proceedings. (Para 1 , 2 , 3) |
| 2. the tribunal emphasized the need for environmental compensation and compliance measures to rectify past violations. (Para 4 , 6) |
| 3. regulatory compliance and corrective measures were mandated for the operation of the cbg plant, with hspcb overseeing adherence. (Para 12 , 14) |
ORDER
1. This Original Application No.373/2022 (hereinafter referred to as „OA‟) was registered in exercise of suo-moto jurisdiction in view of law laid down in Municipal Corporation of Greater Mumbai Vs. Ankita Singha &Ors. (2022) 13 SCC 401 ,ona letter petition dated 14.05.2022 received from Sumit Saini, S/o Rajender Saini, R/o Kishanpura, Damla, District Yamuna Nagar, Haryana.
2. Complainant initially raised following four issues:
I. There are about 25 plywood industries and 5 brick kilns which are operating in village Damla. Pollution Control systems have not been installed in the said industries which are discharging untreated effluents, emitting fly ash and smoke causing air pollution and contamination of ground water;
II. One 2000 TPT CNG Plant is being set up by M/s SPS Bio Chem Pvt. Ltd., in the said village for generating CNG by compressing Bio-gas by using sugar mill molasses. The above said company has stored excessive quantity of sugar molasses more than its requirement of 72,000 tons per year which is emitting foul smell and methane gas serious health hazards to the inhabitants;
III. Yamuna Nagar Municipal Corporation has started dumping municipal solid waste in the vicinity of the village Damla causing serious environmental problems in the area; and IV. There is a drain running alongside the village wherein the industries are discharging untreated waste water which finally goes to Yamuna River.
3. Tribunal took cognizance of matter on 24.05.2022 but before proceeding further, find it appropriate, to obtain a factual report by constituting a Joint Committee comprising representatives of State Environment Impact Assessment Authority, Haryana (hereinafter referred to as „SEIAA, Haryana‟); Haryana State Pollution Control Board (hereinafter referred to as „MCYN); and Deputy Commissioner, Yamuna Nagar.
4. The said Committee was required to verify facts and submit report within two months.
5. Joint Committee submitted interim report dated 28.09.2022 and in respect of respondent 5-M/s SPS Bio Chem Pvt. Ltd., said as under:
“4 Status of M/s SPS Bio Chem Pvt. Ltd.:
a) The complainant Sh. Sumit Saini filed a complaint against pollution and public nuisance caused by the unit in question which was received to the board through CM Window grievance portal of State of Haryana vide Grievance No CMOFF/N/2022/ 037666 dated 08.04.2022. Also another complaint received through District Level Grievance Monitoring Committee, Yamuna Nagar.
b) It is submitted that said unit was planned to install the compressed Bio-Gas Manufacturing Plant. As per Consent Management of Haryana State Pollution Control Boardissued vide order dated 04.12.2020, such type of units falls at Serial No. 110 of Orange Category. Copy of policy orders dated 04-12-2020 is enclosed as Annexure-R-1.
c) The site of the unit was initially visited by the field officer of HSPCB on 23.04.2022 but Sh. S.A David, Manager of the unit, restrained the field officer from inspection and did not allow the officer to do the inspection on that day. Thereafter, the Board had requested to the Deputy Commissioner, Yamuna Nagar vide letter no HSPCB/YR/2022/3303 dated 12.05.2022 to appoint the Duty Magistrate alongwith police protection for the inspection of the unit. In response to the request of HSPCB, the Deputy Commissioner, Yamuna Nagar vide order dated 13.05.2022 appointed Sh. Deepak, Municipal Engineer, Municipal Corporation, Yamuna Nagar as Duty Magistrate for the inspection of the unit on 13.05.2022. Then the site of unit was again inspected by the field officer of
