Case BriefsTribunals/Commissions/Regulatory Bodies

National Green Tribunal (NGT): Full Bench of Justice Adarsh Kumar Goel (Chairperson) and Justice Sheo Kumar Singh (Judicial Member) and Dr Nagin Nanda (Expert Member) expressed that:

Conduct of functions must not disturb other citizens right to peaceful and clean environment.

The instant Order was pursuant to the subject of compliance of environmental norms by restaurants/hotels/motels/banquets, etc. in terms of earlier orders of Tribunals.

Vide the Order dated 02-11-2018, Tribunal considered grievance against the violation of environmental norms, including solid waste management, discharge of effluents, illegal ground water extraction, ground water contamination, emission by illegally operating diesel generators, absence of statutory consents under the Water (Prevention and Control of Pollution) Act, 1974 (‘Water Act’), the Air (Prevention and Control of Pollution) Act, 1981 (‘Air Act’) and violation of conditions of consents where such consents are granted, by the restaurants/hotels /motels/banquets in Mahipalpur, Rajokri areas in Delhi. The Tribunal also considered the issue of absence of rainwater harvesting, ground water recharge system, excess noise pollution, illegal parking and encroachments.

Tribunal found violations and directed remedial action.

Mechanism/Guidelines for Control of Pollution and Enforcement of Environment Norms at Individual Establishments and the Area/ Cluster of Restaurants/ Hotels/ Motels/ Banquets etc.:

  1. a)  Individual units to provide necessary facilities for control of air, water & noise pollution, solid waste management, etc as enumerated in the previous sections.
  2. b)  Individual units to take necessary approvals from the concerned authorities as listed below:
  •  Consent to Establish under Air/Water Act
  •  Consent to operate under Air/Water Act
  •  Permission for concerned Authorities in accordance with provisions of Noise Rules
  •  Permission for Ground Water Extraction from concerned Authorities , if required
  •  Building Plan Approval from concerned Authorities
  •  Fire Safety Certificate/NoC from concerned Authorities
  1. c) Local Authorities to ensure provision of adequate common facilities for water pollution, solid waste management, parking etc
  2. d) The State Board to have robust monitoring mechanism to evaluate compliance with norms of such units atleast twice a year. As per NGT Directions, SPCBs/PCCs are required to submit compliance report to CPCB

Bench stated that the recommendations in the report of the CPCB need to be duly implemented by all the States/UTs by adopting the guidelines for control of pollution in marriage halls, banquet halls, party venues etc. along with consent management system, as already directed.

Further, the Tribunal added that ETPs needs to be installed by all the big units, not connected to the sewer lines, apart from ensuring compliance of rainwater harvesting systems, adequate safeguards in operating the kitchen need to be adopted, composting facilities, control of noise levels and providing parking space.

In case the above is not followed, no consent shall be given or renewal even in respect of the establishments already setup.

Bench also expressed that the Consent conditions must require the owner/manager of establishment informing the organizer/user in writing in advance about the conditions applicable for ensuring compliance.

 In view of the above, application was disposed of. [Westend Green farms Society v. Union of India,  2021 SCC OnLine NGT 3, decided on 04-02-2021]

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National Green Tribunal (NGT): Full Bench of Justice Adarsh Kumar Goel (Chairperson) and Sheo Kumar Singh (Judicial Member), Satyawan Singh Garbyal and Dr Nagin Nanda (Expert Members) addressed a matter wherein violation of Air and Water Act has been stated and ground for polluted environment is the lack of funds with the local body.

In the present application, the grievance was with regard to the violation of the Air (Prevention and Control of Pollution) Act, 1981 and Water (Prevention and Control of Pollution) Act, 1974 in a village in Himachal Pradesh on account of failure to handle waste which is being burnt causing air pollution, resulting in diseases, loss of livestock and contributing to forest fires and loss of wildlife.

Increase in monkeys, feral dogs and scavengers namely crows, vultures, etc. have also been noticed. Further, the Dumpsite in hilly terrain has been overflowing and contaminating water body, which is a source of irrigation.

The above-stated deficiencies have been pointed by relying upon the photographs and letters addressed to the authorities.

Deputy Commission and the Himachal Pradesh State Pollution Control Board, both had sought a report vide its order dated 14-01-2020.

In the report filed n 13-11-2020 following was stated:

As per the said report, the Joint Inspection Committee had directed the Municipal Council, Hamirpur:- (i) to join the corners of RCC retaining wall with the hill ~ide to avoid spillage of Solid Waste (ii) to provide proper fencing to avoid entry of stray animals inside the facility (iii) construct storm drain of adequate size to avoid entry of storm water/rain water and (iv) to ensure that no fire incident/forest fire take place in the solid waste processing facility. Being a nodal agency, State Board also issued directions vide office letter dated 14/02/2020 to Municipal Council, Hamirpur to comply with the recommendations of the Joint Inspection committee.

It is further submitted that the Joint Inspection Committee was once again requested by the State Board on 17.10.2020 to re-inspect the site to verify whether the recommendations of the said committee have been complied with by M.C. Hamirpur at its Solid Waste Processing Facility. Recently, joint inspection of the site was once again conducted on 10.11.2020, under the Chairmanship of Addl. District Magistrate, Hamirpur alongwith Sub Divisional Magistrate Hamirpur, Environmental Engineer, (HPSPCB, Una), Executive Officer, (Municipal Council Hamirpur), Asstt. Engineer, (Jal Shakti Vibhag, Hamirpur) and Asstt. Environmental Engineer, (HPSPCB, Una).

Bench noted that the deficiencies still persist and the reason for the failure to take action on the ground has been lack of funds with the local body.

Tribunal held that the ground of “lack of funds” is not a valid ground as clean environment is a fundamental right for which funds are to arranged by the authorities either by collection from the citizens concerned or otherwise.

In view of the above, Bench directed the Secretary, Urban Development Department, Himachal Pradesh to ensure further remedial action.

Matter has been further listed for consideration on 24-03-2021. [Rita Sharma v. State of H.P., Original Application No. 05 of 2020, decided on 13-11-2020]


Advocates for the parties:

Applicants: Tushar Giri, Advocate

Respondents: Sanjay Kumar, Advocate for HPSPCB

Case BriefsTribunals/Commissions/Regulatory Bodies

National Green Tribunal (NGT): The Bench of Justice Adarsh Kumar Goel (Chairperson) and Justice Sheo Kumar Singh (Judicial Member), Dr Satyawan Singh Garbyal and Dr Nagin Nanda (Exper Members) directs closure of garbage processing plant by Pune Municipal Corporation and to shift the same at any other place in light of same being in violation of right of the inhabitants to a pollution-free environment.

Present application was filed with a purpose to restrain respondent 7 from operating garbage processing plant at the present site on the ground of violation of environmental norms.

The said site was allotted by the Pune Municipal Corporation. Odour from the said plant is spread in the area. It has been added that the said land was reserved for bio-diversity park in the Development Plan which had been subsequently changed. No NOC from Airport Authority was also taken. Truck with garbage were transported without safeguards.

Environmental Clearance was granted in the year 2016 without following due procedure.

There sees to be a violation of Rule 20 of the Solid Waste Management Rules, 2016 which provides that location of such plant on a hill area is to be avoided unless no other land is available in which case suitable safeguards mentioned therein are to be followed.

In view of the above plant remained closed till January, 2019 and started again on 01-02-2019 on which the present application has been filed.

 Decision

Bench found that consent to establish the plant was required under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981, and the said consent was no taken.

As per the Solid Waste Management Rules, 2016, furnishing of consent to establish is required before any authorization is given under the said Rules.

Adding to the above, tribunal stated that, the authorization is to be preceded by the consent to establish. Thereafter, there has to be consent to operate from time to time.

Apart from the above-stated procedural shortcoming, bench fond that the location of the plant at hillock and in the vicinity of habitation is not desirable and is at the cost of the right of the inhabitants to a pollution-free environment.

During the joint inspection, odour was found in and around the premises which itself violates the rights of the inhabitants in the vicinity.

It was found that the plant was within the prohibited distance and no place for the development of a green belt was found.

Hence the plant was found to be in violation of the right to clean environment of the inhabitants and against the statutory norms.

Tribunal directed PMC to close the plant at the present location and shift the same to any other location within four months from today, following the siting guidelines issued by the CPCB. The present site may be preferably used for originally designated purpose for developing a bio-diversity park.

Bench held that the State PCB is at liberty to recover environmental compensation on ‘Polluter Pays’ principle for the period of violation of environmental norms, after following due procedure of law.[Sus Road Baner Vikas Manch v. Pune Municipal Corpn.,  2020 SCC OnLine NGT 855, decided on 27-10-2020]

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National Green Tribunal (NGT): The Coram of Justice Adarsh Kumar Goel (Chairperson) and Justice S.P. Wangdi (Judicial Member) and Dr Nagin Nanda (Expert Member), while addressing a matter reiterated that,

There is no absolute right to extract groundwater for commercial purposes. If anyone is found extracting groundwater, it is per se a criminal offence under the Environment (Protection) Act, 1986.

Illegal Extraction of Groundwater

Tribunal sought a report from the State Pollution Control Board with regard to the allegation of illegal extraction of groundwater and discharge of polluted water with dyes and chemicals into the drain by the National Wollen and finishers.

State PCB filed a report wherein it was noted that Regional Director, CGWB, Chandigarh was directed to take action and levy environmental compensation on National Wollen and Finishers for extracting underground water without CGWA permission, as per the report of CPCB in-house Committee on Methodology of assessing Environmental Compensation and Action Plan for its utilization of Fund Assessed.

Further, the report also stated that the consent to establish under the Water Act and Air Act was granted on 03-09-2012.

In the Tribunal’s decision of Shailesh Singh v. Hotel Holiday Regency, OA No. 176 of 2015, it was held that,

“…groundwater extraction has to be regulated having regard to the safety of level of groundwater so that water bodies and e-flow of rivers is not affected.”

There is no absolute right to extract ground water for commercial purpose. If anyone is found extracting ground water, it is per se a criminal offence under the Environment (Protection) Act, 1986.

Hence, the tribunal held that National Wollen and Finishers has been found to be extracting groundwater, therefore, State PCB must stop such extraction by coercive means and recover compensation for such illegal drawal for the period for which such drawal took place up to five years from the date of filing of the application before this Tribunal.

Adding to its decision, the tribunal also stated that, there is also a violation of Consent terms under the Water and Air Acts which can certainly be enforced by the PCB, in view of the failure of CGWB to take action.

In view of the above, the application was disposed of. [Raj Kumar Singal v. State of Haryana, 2020 SCC OnLine NGT 220, decided on 05-08-2020]