State is Obligated to Protect Environment; Administrative Divisions Not an Excuse for Non-Compliance with Tribunal Orders: NGT - 2025-08-08

Laws, Courts & Judgments.

NGT Forms High-Powered Committee to Tackle Pollution at Defunct IDPL Plant in Rishikesh, Cites State's Constitutional Duty

New Delhi – The National Green Tribunal (NGT) has constituted a High-Powered Committee to address significant environmental violations at the now-defunct Indian Drugs and Pharmaceutical Limited (IDPL) plant in Rishikesh. The bench, comprising Hon’ble Mr. Justice Arun Kumar Tyagi (Judicial Member) and Hon’ble Dr. Afroz Ahmad (Expert Member) , expressed strong disapproval of the authorities' failure to implement earlier recommendations and emphasized that administrative hurdles cannot be an excuse for environmental inaction.

Background of the Case

The case originated from a letter petition sent by a local resident, Mr. Digambar Prasad, which the NGT took up suo motu . The petition raised grave concerns about the environmental impact of the demolition and dismantling of the IDPL plant, which has been closed for years. The applicant alleged the release of poisonous gases, presence of radioactive substances, contamination of the Ganga River, and resulting health hazards for the local population, including the elderly and children.

In an initial order dated August 7, 2024, the NGT had formed a Joint Committee to investigate the claims and take necessary remedial action.

Arguments and Key Findings

The Joint Committee, consisting of representatives from the District Magistrate's office, Central Pollution Control Board (CPCB), Uttarakhand Pollution Control Board (UKPCB), and the Department of Drugs and Pharmaceuticals, conducted a site inspection. Its key findings included:

• No Radioactive Threat: The plant had only operated as a formulation unit since 1996, which does not involve radioactive materials.
• Waste Disposal: Approximately 70 metric tonnes of expired medicines had been properly disposed of through a certified waste management facility.
• Fire Incident: A fire on June 18, 2024, had burned empty medicine strips and vials. However, lab tests on the residue found no Active Pharmaceutical Ingredients (APIs).
• Major Lapses: The primary issue identified was a non-functional Sewage Treatment Plant (STP) for the IDPL township, which houses around 1,200 families. Due to an electricity disconnection, the STP was inoperative, creating a high risk of untreated sewage being discharged into the River Ganga.

Despite these findings and clear recommendations, a subsequent inspection by the UKPCB on July 17, 2025, confirmed that no remedial actions had been taken. The ash and burnt waste from the fire remained on-site, and the STP was still non-operational. The authorities cited the transfer of the plant's land to the Forest Department as a reason for inaction.

Tribunal's Pivotal Observations

The NGT strongly rebuked this stance, highlighting the State's overarching responsibility. The Tribunal observed:

"We are of the considered view that impleading of all concerned instrumentalities/departments/officers/officials of the State in the proceedings by/before this Tribunal is not necessary... once the State is impleaded it is for the officer representing the State to place the matter at the appropriate level in the Government for issuance of appropriate directions... To hold otherwise will result in successive applications and orders... and will provide invalid excuses for non-implementation of the orders of this Tribunal by taking shelter under administration divisions..."

Invoking Article 48A of the Constitution of India , the bench underscored the State's constitutional obligation to protect and improve the environment, stating that environmental grievances demand prompt action to prevent irreversible damage.

Final Decision and Directions

Finding the lack of compliance unacceptable, the NGT disposed of the application by constituting a new High-Powered Committee . This committee includes the Chief Secretary of Uttarakhand, the Principal Chief Conservator of Forests (HoFF), the District Magistrate of Dehradun, the Director of the Department of Drugs and Pharmaceutical, and the Member Secretary of UKPCB.

The committee has been directed to take immediate remedial measures within three months, including: 1. Ensuring the regular operation and maintenance of the STP to prevent sewage discharge into the Ganga. 2. Properly disposing of ash and burnt waste from the fire incident site in accordance with hazardous waste management rules. 3. Managing and disposing of all stored packaging waste and any remaining raw materials or products. 4. Investigating the cause of the fire to prevent future occurrences.

The PCCF (HoFF), Government of Uttarakhand, has been appointed as the Nodal Officer for coordination and compliance. The committee must submit an Action Taken Report by December 15, 2025.