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2025 Supreme(Online)(NGT) 1572

NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
JUSTICE ARUN KUMAR TYAGI, DR. AFROZ AHMAD, JJ
Digambar Prasad – Appellant
Versus
State of Uttarakhand – Respondent
Misc Application in Disposed of Cases No. 70/2025 | Original Application No. 784/2024



Advocates:
For the Appellants/Petitioners: None
For the Respondents: Mr. Rajeev Acharya, Mr. Kamal Kumar Pandey, Mr. Mohit Singhal, Mr. Akhilesh Kumar Singh

Environmental compliance and rapid remedial actions are required to prevent irreversible harm, guided by constitutional obligations of the state.

Headnote:In this case, the Tribunal analyzed the closure and demolition activities of the IDPL facility, which raised environmental concerns under various laws. The applicant highlighted potential health hazards due to emissions from the site. The Tribunal directed the establishment of a Joint Committee to ensure compliance with environmental regulations. The court reaffirmed the need for prompt actions concerning environmental safety and established a High-Powered Committee to oversee the remedial measures, asserting the continued relevance of environmental protection in line with constitutional mandates.

Table of Content
1. environmental impacts from idpl facility demolition and closure. (Para 1 , 2 , 4)
2. inspection and compliance protocols related to environmental safety. (Para 5 , 12 , 15)
3. immediate and decisive corrective action mandated by constitutional obligation. (Para 17 , 24)

ORDER

1. The applicant- Digambar Prasad had sent a letter petition vide email dated 21.10.2023 which was treated and registered as O.A. No. 784/2024 for exercise of suo-motu jurisdiction.

2. The applicant raised the grievance that IDPL is lying closed since long. Since its rehabilitation and resumption could not be successful despite several efforts, now the plant is under dismantling/demolition process. The plant is emitting poisonous gases having toxic effects due to chemicals and antibiotics affecting fertility of agriculture land. Presence of radioactive substances, injurious to the ecology, is also posing health hazards to local people.

3. The relevant part of the letter petition enumerating the grievances of the applicant is reproduced as under:-

4. The English translation of the relevant part of the letter petition by the Registry reads as under:-

“Subject: Regarding the adverse effects caused by the demolition of IDPL Rishikesh factory.

X X X X

I am writing to you today with a deep concern that demands your prompt attention and thoughtful action. The issue is the environmental impacts of the closure and ongoing demolition of the IDPL pharmaceutical plant located in Virbhadra, Rishikesh, Dehradun district of Uttarakhand. The condition of the IDPL factory located in Virbhadra, Rishikesh, Dehradun District of the State of Uttarakhand, which has been closed for many years, has become an issue of deep concern from social and environmental perspectives. The government has tried several times to reactivate it, but so far, the factory has failed in its efforts to rebuild. At present, it is necessary to inform us about the adverse effects of the demolition of this factory, which requires your mutual understanding and cooperation.

Misuse of chemicals in antibiotic manufacturing: The disorderly use of various chemicals in antibiotic manufacturing over the years of operation of the IDPL factory poses a major threat to the environment. This is likely to contaminate the water of the Ganga River, which may also pose a threat to wildlife and human health.

Continuous release of gases: Despite the closure of the factory, gases are being continuously released, which is contributing to air pollution and can also pose a threat to the health of local wildlife and human life.

Radioactive material: The situation is further complicated by the presence of radioactive material in the factory, which can have a negative impact not only on the fauna of the region but also on the Himalayas and natural resources.

Impact on Soil Fertility: The excavation process of the factory can also affect the soil fertility and cause chemical salt runoff and disturbance to forest and animal life.

Effects on the elderly people: Air pollution caused by factory demolition, unregulated water discharge, and devastated land can have a negative impact on the health of elderly people. This can lead to respiratory problems, stress, and other health problems.

Impact on children aged 1 month to 5 years: The air pollution, water scarcity, and destroyed land caused by this demolition can particularly affect children aged 1 month to 5 years. As a result, these young children may suffer physical and mental health problems, which can hinder their prosperity.

Breach of safety of women and children: Women and children may be more affected by the pollution and toxic substances released from the demolished factory. Pregnant women and young children may be particularly affected by this, which may put their health at risk.

Effects on local fauna and wildlife: Pollution from the demolished factory can directly affect local fauna, plants, and wildlife. This can lead to extinction of local species and threaten biodiversit

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