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2024 Supreme(Online)(NGT) 5453
NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
Sudhir Agarwal, Judicial Member, Afroz Ahmad, Expert Member
Salman Miya – Appellant
Versus
State of U.P – Respondent
Original Application No.97/2022 (IA NO 230/2024)
For the Respondents:Mr. Ankit Verma, Advocate for State of U.P (through VC), Mr. Daleep Dhyani, Advocate for UPPCB (through VC), Mr. Rajesh Raina, Advocate for UPSIDA, Mr. R.S. Maurya and Mr. Harish, Advocates for respondents no. 6 & 9., Mr. Rajeev Saxena. Advocate. Respondent no. 7 (through VC), Mr. Pranjal Agarwal, Advocate (Amicus Curiae) (through VC)
NGT mandates strict enforcement against non-compliant polluting industries via closures, environmental compensation recovery, and remediation through district-coordinated restoration plans utilizing recoveries.
Headnote:(A) National Green Tribunal Act, 2010 - Sections 14 & 15 - Water (Prevention and Control of Pollution) Act, 1974 - Sections 33A, 32(1)(c) - Air (Prevention and Control of Pollution) Act, 1981 - Section 31A - E-Waste (Management) Rules, 2016 - Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 - Suo motu action on complaint of illegal acid/chemical factories burning e-waste emitting poisonous gases in industrial area - Joint Committee inspections revealed multiple units operating without consents, authorizations, pollution control devices, effluent treatment plants, using unapproved fuels, improper hazardous waste storage/disposal, untreated effluent discharge - UPPCB issued closure orders to 2 units, show cause notices to others imposing environmental compensation totaling over Rs.12 lakhs (Rs.9.7 lakhs recovered) - Tribunal directed completion of punitive/preventive/remedial actions against non-compliant units, expeditious recovery of compensation, preparation/execution of Environment Restoration Plan by Joint Committee (District Magistrate as nodal agency) within 3 months of realization - Aggrieved parties' statutory appeals unaffected. (Paras 27, 28, 30)
(B) Environmental Compliance - Pollution Control Boards must enforce statutory permissions, pollution control measures, waste management in industrial clusters - Non-compliance warrants closure, environmental compensation as arrears of land revenue, remediation via restoration plans coordinated by local administration. (Paras 5, 9, 19, 27)
Facts of the case:
Suo motu Original Application initiated on letter petition alleging illegal operations of acid/chemical units burning e-waste in approved industrial area causing health hazards - Joint Committee (CPCB, UPPCB, District authorities) inspected ~65 units, identified violations including lack of consents/authorizations, no APCDs/ETPs, unapproved fuels, unauthorized effluent/hazardous waste disposal - UPPCB took actions (closures, notices, EC imposition/recovery) - Conflicting compliance reports between parties/Amicus - Tribunal reconciled status confirming need for strict enforcement.
Findings of Court:
Out of inspected units, significant non-compliance persisting despite actions; UPPCB to finalize punitive measures, recover full EC; Joint Committee to utilize recoveries for environmental remediation per Restoration Plan.
Issues: Scope/extent of compliance in industrial area post multiple inspections; adequacy of enforcement actions (closures, EC); mechanism for remediation funding/utilization.
Ratio Decidendi: Pollution Control Boards must rigorously enforce environmental statutes via inspections, closures, EC recovery as land revenue arrears; recovered funds channeled through nodal agency-led Restoration Plan for damaged environment remediation; appellate remedies preserved.
Result: Application disposed with directions for enforcement, EC recovery, Restoration Plan.
| Table of Content |
|---|
| 1. suo-moto initiation on pollution complaint. (Para 1 , 2 , 3 , 4) |
| 2. joint committee inspections reveal violations. (Para 5 , 9) |
| 3. impleadment and responses to notices. (Para 6 , 7 , 8 , 10 , 11 , 12 , 13 , 14) |
| 4. ongoing inspections identify non-compliance. (Para 15 , 16 , 17) |
| 5. compliance reports show mixed results. (Para 18 , 19 , 20 , 21) |
| 6. disputed compliance status reviewed. (Para 22 , 24 , 25 , 26 , 27) |
| 7. enforce actions and remediation plan. (Para 28 , 29 , 30) |
ORDER
1. This is an application registere d under Section 14 & 15 of National Green Tribunal Act, 2010 (hereinafter referred to as ‘NGT Act, 2010’) in exercise of suo-moto jurisdiction on a letter petition dated 04.12.2021 received from Salman Miya S/o Ashraf, R/o Village Khichra, P.O Dhaulana, District Hapur.
2. Complainant has stated that Naseem Muradabadi, Mula Javed, Aslam, Shami, Rashid Aslam, Sayeed, Irshad, Haji Shakeel, etc are residents of Moradabad and presently residing in Hapur. They are running illegal acid and chemical factories in which e-waste is also burnt causing emission of poisonous acidic and chemical gases which used to cause serious adverse health hazards to children and aged people. Complainant could not get any assistance from Police Authorities as they are in collusion with operators of illegal factories.
3. Tribunal taking notice of complaint on 04.02.2022, found it appropriate to obtain a factual report through a Joint Committee comprising Central Pollution Control Board (hereinafter referred to as ‘CPCB’), U.P Pollution Control Board (hereinafter referred to as ‘UPPCB’), Superintendent of Police, Hapur and District Magistrate, Hapur.
4. Committee was required to submit its report within three months.
5. Pursuant to order dated 04.02.2022, Joint Committee through Regional Officer, UPPCB, Ghaziabad submitted report dated 14.10.2022. Report stated that area situated in the complaint is not residential but an approved industrial area of U.P State Industrial Development Authority (hereinafter referred to as ‘UPSIDA’) at Mussorie, Gulawati Road. With regard to industrial units running on plots G54 Phase I, G45 Phase I, G270 Phase I, G 142 Phase I, G 71 Phase I, G 80 Phase I, Plot No. H-16 Phase I, Plot No. I-10 Phase III, Plot No. I-8, Phase III, Joint Committee recorded its observation and action taken as under:-
“3. Observations 1- Plot number E-59, Phase-1, MG Road, Hapur: Observation dated 23-04-2022: During inspection, setup for manual dismantling of printed circuit boards (PCBs) was, found, followed by leaching and smelting in the pot furnace, which was also available on site in which wood or coal were used as fuel. No air pollution control devices were found to be installed. During the inspection, no work was being done on site and only the security guard was present. It was informed by the guard that the said premise has been taken on rent by Mr. Naseem Ahmed, a resident of Moradabad and the work is currently closed due to Ramzan. The said industry has not obtained any permission such as consent to establish or consent to operate under Water and Air Act or Authorisation under E-Waste(M) Rules, 2016 from the U.P. Pollution Control Board. Observation dated 29-08- 2022: During the inspection, plant and machinery were found removed which were observed during inspection on 23-04-2022.
2- Plot No. G-54, Phase-1, MG Road, Hapur: Observation dated 23- 04-2022: During inspection, it was found that manual dismantling of e-waste was being done on the said plot. It was informed by the representative present in the industry that the owner of the said industry is Mr. Arif resident of Moradabad, has taken the premises on rent. No plant machinery was found installed during the inspection. The guard present during the inspection could not present proof of the firm’s name and permission from the concerned departments. The said industry has not obtained either consent to establish or consent to operate and Authorization under E-Waste(M) Rules
