The 'Polluter Pays' principle mandates interim compensation for environmental violations, emphasizing compliance with established air quality norms and carrying capacity assessments.

ORDER

1. These original applications relate to violation of environmental norms under the Air (Prevention and Control of Pollution) Act , 1981 and the Water (Prevention and Control of Pollution) Act , 1974 by the stone crushers operating in District Charkhi Dadri in Haryana. The issue is being examined in view of the allegation that the air quality in the area does not have the assimilative capacity to sustain them resulting in serious environmental harm and ill effect on public health.

2. In OA No. 607/2018, the initial allegation was that the Respondent No. 7 was doing mining activity on the Aravali hills damaging the flora and fauna of Aravali ridge and creating the environmental harm. It was also alleged that there were about 150 crushers operating in the vicinity of the Village Jhojhu Kalan and adjoining villages at Charkhi Dadri which were causing air pollution emitting dust and had become a serious threat to the residents and their agricultural fields.

3. The OA No. 480/2022 was registered on the basis of the letter petition sent by one Kuldeep resident of Village Birhi Kalan, Tehsil and District Charkhi Dadri alleging illegal operation of the crushers in District Charkhi Dadri without complying with the environmental norms.

4. In the above two original applications, the Tribunal had issued directions from time to time, had formed joint Committees and examined the reports of the joint Committee.

5. The Tribunal in the order dated 18.01.2023 passed in OA No. 607/2018 had taken note of the various directions issued in the matter in last four years concerning the stone crushers of District Charkhi Dadri. The Tribunal had also considered the issue of carrying capacity and taken note of the report of the seven-member Committee dated 31.01.2021 finding that there was no carrying capacity of the ambient environment to sustain the activities of stone crushers without adequate mitigation measures and without following the siting norms. The Tribunal had also considered the action taken report dated 27.09.2021 filed by the Haryana State Pollution Control Board (HSPCB) wherein it was observed that in view of the negative carrying capacity, only those stone crushers could be permitted which did not add to the pollution load by adopting appropriate technology and methodology enabling functioning without deterioration to the air quality, during stone crushers operation or transportation of raw material or finished product. There was also a recommendation to reduce number of permitted stone crushers to maintain adequate distance inter-se, as per the formula suggested by the Expert Committee and also requiring the stone crushers to develop green belts around the periphery of the area and take steps for afforestation within the crushing zone to improve the micro climate. There were suggestions for paving the roads and providing additional water sprinkler facility. The Tribunal also took note of the second report dated 17.01.2023 and found that large scale violations were ignored by the authorities. It also considered the air quality monitored at three locations in October 2022 which was found to be exceeding the laid down standards without any remedial action. Hence, it was found that the air quality norms were violated.

6. The similar issue was pending before the Tribunal in OA No. 667/2018 for Mahendragarh District which is adjoining to the Charkhi Dadri, therefore, in the proceedings dated 18.01.2023, the Tribunal took note of the detailed order dated 03.12.2020 passed in OA No. 667/2018 wherein the provisions concerning GRAP order and various judgments of the Hon’ble Supreme Court on air quality management in NCT