NGT Upholds 'Polluter Pays' Principle, Orders Recovery of Environmental Compensation from Haryana Stone Crushers; Mandates Carrying Capacity Re-assessment by CPCB - 2025-05-26

Laws, Courts & Judgments.

NGT Orders Haryana Stone Crushers to Pay Up for Pollution, Mandates Stricter Environmental Oversight

New Delhi: The National Green Tribunal ( NGT ), Principal Bench, has affirmed the environmental compensation levied on numerous stone crushing units in Charkhi Dadri , Haryana, for violating air and water pollution norms. In its order dated May 26, 2025, the bench, comprising Chairperson Justice Prakash Shrivastava and Expert Member Dr. A. Senthil Vel, directed the Haryana State Pollution Control Board (HSPCB) to recover the outstanding amounts and mandated a fresh, expert-verified assessment of the region's environmental carrying capacity.

The decision came in original applications filed by Vinod Kumar Jangra and Kuldeep , highlighting severe environmental degradation and public health risks due to the unchecked operation of stone crushers.

Background of the Dispute

The core issue revolved around allegations that approximately 343 stone crushers in District Charkhi Dadri were operating in violation of the Air (Prevention and Control of Pollution) Act, 1981, and the Water (Prevention and Control of Pollution) Act, 1974. The applicants argued that the air quality in the area lacked the assimilative capacity to sustain these operations, leading to excessive dust emissions, damage to agricultural fields, and adverse health effects on residents. Initial complaints also pointed to illegal mining activities impacting the Aravali hills.

Tribunal's Earlier Interventions and Supreme Court's Orders

The NGT had been seized of the matter since 2018, issuing multiple directions and forming joint committees to assess the situation. A key order on January 18, 2023, noted: > "…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."

Based on the "Polluter Pays" principle, the NGT had imposed an interim compensation of Rs. 20 lakhs on each of the 343 identified stone crushers.

This order was challenged before the Supreme Court. In one appeal (M/s Chander Stone Crusher Vs. State of Haryana, C.A. No. 5550/2023), the Supreme Court, on November 6, 2023, set aside the interim compensation specifically for that appellant, citing a breach of natural justice as they were not initially party to the NGT proceedings. However, the apex court, in Civil Appeal 1407/2023 (order dated February 24, 2023), largely upheld the NGT 's approach, granting liberty to individual stone crushers to approach the Tribunal with their objections.

Subsequently, numerous stone crushers were impleaded and heard by the NGT .

The Joint Committee's Mandate and Findings

Following the Supreme Court's directives, the NGT , on February 1, 2024, directed a Joint Committee (comprising District Magistrates of Charkhi Dadri and Mahendragarh, representatives from HSPCB, CPCB, DFO, and RO MoEF&CC) to:

* Fix final compensation after hearing the stone crushers.

* Ascertain the source of raw material and compliance with norms.

* Assess the carrying capacity of the area.

* Recommend closure of defaulting units, if any.

The Joint Committee submitted its report on April 8, 2024. It calculated environmental compensation for violations between January 1, 2013, and February 1, 2024, using CPCB's methodology.

* For the period 01.01.2013 to 29.04.2019: Rs. 91,81,250 against 16 units.

* For the period 30.04.2019 to 01.02.2024: Rs. 4,00,16,503 against 66 units (of which Rs. 3,20,16,528 was deposited).

* Further recommended EC: Rs. 1,84,56,250 against 28 units for the latter period.

The committee also submitted an assessment of the ambient air carrying capacity for District Charkhi Dadri (March 2023 - February 2024), which indicated a "supportive carrying capacity" across different seasons.

NGT 's Final Directions and Implications

In its final order, the NGT noted that no objections were raised by the stone crusher units against the final environmental compensation calculated by the Joint Committee. The Tribunal, therefore:

1. Affirmed the Environmental Compensation: The calculation of EC by the Joint Committee was upheld.

2. Directed Recovery: The HSPCB was instructed to recover the pending compensation from the defaulting stone crusher units, using coercive measures if necessary, preferably within three months.

3. Carrying Capacity Re-assessment: The Tribunal found the committee's carrying capacity report needed expert validation. > "The above carrying capacity report requires to be cross checked by an expert body, therefore, we direct the District Magistrate, Charkhi Dadri to submit the carrying capacity report alongwith all the supporting document to the Member Secretary, CPCB within two weeks. The member secretary CPCB will get the carrying capacity report cross-checked by an expert body and ascertain the correct carrying capacity of District Charkhi Dadri within three months."

4. Ensuring Compliance with Carrying Capacity: HSPCB and other regulatory agencies were directed to ensure that the CPCB-verified carrying capacity is not violated.

5. Compliance with Previous Orders: Authorities were directed to comply with other directions from the January 18, 2023 order (except the set-aside paragraph 15 concerning interim compensation) and submit an action taken report within three months.

The NGT disposed of the original applications and all pending interim applications with these directives, underscoring the necessity for industrial operations to function within ecological limits and adhere to the "Polluter Pays" principle for any environmental damage caused. An action taken report from HSPCB and CPCB is to be submitted by September 15, 2025.