National Green Tribunal
Shailesh Singh vs State Of Haryana on 15 May, 2023
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 04 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Execution Application No. 16/2023
IN
Original Application No. 639/2018
Shailesh Singh Applicant
Versus
State of Haryana &Ors. Respondent(s)
Date of hearing: 15.05.2023
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
ORDER
1. Grievance in this application is against non-compliance of order of this Tribunal dated 23.03.2021 in O.A. no. 639/2018, Shailesh Singh V. State of Haryana & Ors.
2. The issue considered in the said order is monitoring of compliance of environmental norms by highly polluting 17 categories of industries - 'red', 'orange' and 'green' categories and policy of auto renewals of Consent to Operate under the Water (Prevention and Control of Pollution) Act, 1974 as well as the Air (Prevention and Control of Pollution) Act, 1981 in respect thereof.
3. After considering the matter, the Tribunal observed as follows:-
"7. The report of CPCB has indicated that all SPCBs and PCCs have consented to follow inspection frequency norms. However, the report has not mentioned about compliance of Section 25(6) of the Water Act and Section 51 of the Air Act requiring the maintenance of register with the particulars of conditions imposed which will be 1 open for inspection by any person. Also, no mention is made about steps taken for strengthening of SPCBs and PCCs and of CPCB. The frequency norms for inspections may be made part of consent conditions and EC clearances. These steps may now be looked into by the CPCB, SEIAAs and MoEF&CC. The issue was also gone into by this Tribunal recently vide order dated 05.02.2021 in OA 95/2018, Aryavart Foundation v. M/s Vapi Green Enviro Ltd. & Ors. It was observed:
"22. The directions on the subject are summed up as follows:
i. The Chief Secretaries of all States/UTs, in coordination with their respective Secretary Environment and Chairman State PCB/PCCs, need to forthwith study and address the issues emerging from the CPCB report, prepare and execute their respective action plans which will include filling up all vacant posts by competent persons and procuring the requisite equipment, including commissioning and upgradation of all laboratories and recognition under the EP Act, 1986. The CPCB may assist and monitor all the States for compliance of these directions. The steps in this regard be initiated and completed as far as possible within six months. In view of Section 33 of the NGT Act, 2010, whereunder the NGT Act has overriding powers over other statutes, any restriction placed by any administrative order will not stand in the way of carrying out this direction.
ii. We direct the CPCB to prepare a format which may contain qualifications, minimum eligibility criteria, required experience for the key positions and the specifications of equipment. All States/UTs may act accordingly.
iii. MoEF&CC and CPCB may design a mechanism for annual performance audit of all the State PCBs/PCCs.
iv. It is suggested that if some of the State PCBs find it difficult to select/recruit suitable candidates, a designated Committee of the MoEF&CC and CPCB, in consultation with such State PCBs, may explore possibility of the central selection mechanism so that the talent pool so selected can be made available for posting at appropriate locations, where requirement is found to be otherwise difficult. A plan be prepared for continuous training of the incumbents at regional levels periodically.
v. In view of the findings in the report that at some places administrative manpower is more than technical manpower, such situation may be reviewed and remedied by the concerned States.
vi. The observations that the work of regulators should be fulltime for the incumbents appointed applies to all key positions, including Chairman/Member Secretary and 2 Regional Officers, Engineers, Scientists of PCBs/PCCs. Such incumbents may not be given any other additional charge. Only exception can be in States where there are no significant environmental issues so as to provide the incumbents fulltime work. Such States may seek exemption in respect of this direction from CPCB, giving relevant information justifying such exemption.
vii. CPCB and State PCBs/PCCs, as directed earlier, may utilise EC funds on laboratory set up/upgradation, and on the mentioned areas in the report as well as on approved District Environment Plans. No approval of Central/State Government will be necessary in this regard in view of section 33 of the NGT Act, supra.
viii. Consistent with Digital India initiatives, MoEF&CC/MoJS/CPCB may consider setting up and periodically updating National Environment Data Grid (NEDG) linked to the State Environment Data Grids (SEDGs) DEDGs and further linked to available portals like online air/water quality, Sameer and other monitoring stations to facilitate analysis, research and planning on the subject. It may be further interlinked to initiatives like NMCG/Swachh Bharat/Jal Jeevan Mission.
ix. To assess the extent of monetary loss caused to the environment on account of violation of environmental norms by failure to scientifically manage waste, violating Water/Air/EP/Forest (Conservation) Acts and other specified Acts for fixing accountability, for improving efficiency and better enforcement of 'Polluter Pays' principle.
x. To monitor the extent of carrying capacity for particular activities at different locations for planning suitability of siting of particular activities for giving effect to 'Precautionary' and 'Sustainable Development' principles"
8. In view of the above, further steps be taken by the MoEF&CC, MoJS, MoUD, GoI, CPCB, Chief Secretaries and State PCBs/PCCs and SEIAAs of all States/UTs. This is necessary to achieve the mandate of sustainable development."
4. In the execution application now filed, it is stated that violations are continuing. The applicant has impleaded 91 units at different locations of State of Haryana.
5. None appears for the applicant.
3
6. As per Rule 14 of the National Green Tribunal (Practices and Procedures) Rules, 2011, application has to be based on a single cause of action. Thus, application against number of different units by making allegations of general nature cannot be entertained. The same is accordingly disposed of without prejudice to the appropriate remedies of the applicant in accordance with law Adarsh Kumar Goel, CP Arun Kumar Tyagi, JM Dr. A. Senthil Vel, EM Dr. Afroz Ahmad, EM May 15, 2023 E.A. No. 16/2023 in O.A. No. 639/2018 A 4