National Green Tribunal
Prasoon Pant vs Uttar Pradesh Pollution Control Board on 19 December, 2023
Item No.4 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI.
(Through Physical Hearing with Hybrid VC Option)
Original Application No. 294/2023
Prasoon Pant & Anr ...Applicants
Versus
Uttar Pradesh Control Board & Ors ...Respondents
Date of hearing: 19.12.2023
CORAM:HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: Mr. Ruchin Mehra, Advocate for the Applicants.
Respondent: Mr Pradeep Misra, Advocate for Respondent no. 1-
UPPCB (Through VC).
Mr. Amit Singh Chauhan, Advocate for Respondent no.
2- CPCB (Through VC).
Mr. Harsh Munday, Proxy Counsel for Mr. Shashank
Singh, Advocate for Respondent no. 4- GDA.
Mr. Vibhav Mishra Advocate for Respondent no.6-
Ghaziabad Nagar Nigam.
Ms. Aditi Sharma Advocate Respondent no. 20-for
Eros Group.
Ms. Anoushka Dey Advocate for Respondent no. 10-
Jaipuriya Mall.
Mr. Aditya Kishore Tyagi and Mr. Anand Kumar
Advocates for Respondent no. 22-Royal Park, Vaishali
Inn and Respondent no.18-Mukut Regency.
Mr. Sidharth Joshi and Mr. Raushan Advocates for
Respondent no.7-Mahagun Metro Mall.
Mr. Mintu Kumar Authorized Representative for
Respondent no.27-Signature Mall.
Mr. Ankit Bansal on behalf of Respondent no.25-
Hollywood Dreams (Through VC).
Application under Sections 14 and 15 of the National Green Tribunal
Act, 2010.
ORDER
1. The grievances in the present application are regarding running of eateries in the malls, banquet-halls, hotels and restaurants (impleaded as O.A. No. 294/2023 Prasoon Pant & Anr. Vs. UPPCB & Ors. 2 respondents no. 7 to 27) in Ghaziabad without CTE/CTO from UPPCB and in violation of environmental norms.
2. Vide order dated 01.05.2023 this Tribunal directed issuance of notices to the respondents and in the course of hearing the District Magistrate, Ghaziabad was directed to get the service of notices effected on respondents no. 7 to 27. The District Magistrate, Ghaziabad has accordingly got the notices served on them and filed his report in this regard.
3. UPPCB had filed status report vide email dated 05.07.2023. The relevant portion of the report reads as under:-
"Status report on behalf of Uttar Pradesh Pollution Control Board with respect to order dated 01.05.2023.
X X X X
4. As per the OA no. 294 of 2023, the table below shows the status of the mentioned twenty nos. banquets, hotels and malls. The site has been checked and verified.
SL NO. NAME OF THE PREMISES STATUS OF REMARKS NOC/CONSENT
1. Hotel Golden Tulip C-5, Sector -- Yes, upto 31-07-2023 18, Vasundhara (Annexure-1)
2. M/s Silver Spoon C-7, Sector -- Yes, upto 31-07-2025 18, Ghaziabad (Annexure-2)
3. Hotel crystal palace 2163, No consent sector 16A, Vasundhara, Ghaziabad
4. Hotel R.K. Residency, 2159, opp. Yes, upto 31-07-2024 AwasVikas Complex, Sector 16A, (Annexure-3) Vasundhara, Ghaziabad
5. Hotel Mukut Regency, CC-1, Yes, upto 31-03-2027 Sector -- 13, Vasundhara, (Annexure-4) Ghaziabad
6. Hotel Vintage Banquet, CP-5, No consent Sector -- 9, Vasundhara, Ghaziabad
7. Jaipuria Mall Ahinsakhand -- 1, No consent Indirapuram, Ghaziabad
8. Eros Mall, Shakti Khand -- No consent 2 Indirapuram Ghaziabad
9. Hotel Banana Tree Plot No. Yes upto 31-07-2028 Alpha, site -- 4 Sahibabad, industrial area, Ghaziabad (Annexure-5) O.A. No. 294/2023 Prasoon Pant & Anr. Vs. UPPCB & Ors.3
10. Hotel Sunshine park, D-1, No consent Chander Nagar Ghaziabad
11. Galaxy mall, 64/5, Site -- 4 No consent Sahibabad, Ghaziabad
12. M/s Hollywood Dreams, Sector Yes , upto 31-3-2025
-- 4, Vaishali, Ghaziabad (Annexure-6)
13. Clarks Inn, 41, Kaushambi, No consent Ghaziabad
14. EDM mall, plot -- 1, Kaushambi, Yes upto 31-07-2023 Ghaziabad (Annexure-7)
15. Mahagun Metro mall plot -- 1, No consent VC- 3, Sector 3F, Gautam Palvi road, Vaishali Ghaziabad
16. Vaishali Inn, 339A, Sector -- 4, No consent Vaishali, Ghaziabad
17. Signature Global Mall, Plot No. - Yes, upto 31-07-2023 6, Sector -- 3, Vaishali, (Annexure-8) Ghaziabad
18. Shoprixx Mall, Plot -1, Kaling No consent Marg, Sector -5, Vaishali, Ghaziabad
19. Ansal Plaza, Sector-1, Vaishali, No consent after 2014 Ghaziabad
20. Hotel Clarks Inn by apple tree, C- No consent Hotel has started 2, RDC, Ghaziabad the conversion to commercial office
5. That, In case of non-availability of consent to operate water & air from U.P. Pollution Control Board, notices has been issued against the project/hotel under Section 25/26 of the Water (Prevention and Control of Pollution) Act, 1974, Section 21 of the Air (Prevention and Control of Pollution) Act, 1981 on 22.06.2023(Annexure-9) for compliance of mandatory provisions.] The present status report may kindly be taken on record.
X X X X"
4. The objections to the said report were filed by the applicants vide email dated 28.08.2023.
5. Since the report filed by respondent no.1-UPPCB showed serious lapses in enforcement of the environmental laws/norms by the concerned officers of respondent no.1-UPPCB itself, this Tribunal specifically mentioned in its order dated 04.09.2023 that even respondent no. 1- UPPCB will be liable to pay environmental compensation and the defaulting officer will also be liable to be prosecuted. O.A. No. 294/2023 Prasoon Pant & Anr. Vs. UPPCB & Ors.4
6. Vide order dated 04.09.2023 respondent no.1-UPPCB was directed to conduct a survey and file an additional status report giving specific information in terms thereof.
7. In compliance thereof status report has been filed by UPPCB vide email dated 30.09.2023. The relevant portion of the report reads as under:-
"X X X X Status Report on behalf of Uttar Pradesh Pollution Control Board With Respect to Order Dated 04.09.2023.
2. In compliance of the order of Honorable NGT vide order no. OA по. 294/2023 dated 01.05.2023, the officials of U.P. Pollution Control Board, Ghaziabad have surveyed the 21 sites and it was observed that out of twenty-one establishments, fifteen establishment have the valid Consent to Operate. (Status of the CTO is annexed as Annexure-
1) and on six establishments UPPCB has proposed the show-cause notice for imposing the "Environmental Compensation" which is under process and will be done shortly. (Copy of same is annexed as annexure 2)
3. UPPCB officials with limited resources have conducted a survey of 82 more sites. Out of such 82 establishments 24 establishments have the valid consent to operate, on 58 establishments UPPCB has already issued the show cause notice for imposing the Environmental Compensation and the imposing of such "Environmental Compensation" is under process and will be done shortly. (Copy of same is annexed as annexure 3).
4. Further survey of the said establishment is continuously and regularly being carried on and accordingly, UPPCB will take the necessary action against the defaulters.
5. In compliance of order of Honorable NGT OA No. 294/2023 dated 04-09-2023 UPPCB has sent the letter to Nodal officer SEIAA (State Environment Impact Assessment Authority), Lucknow asking for the detailed information on "Environmental Clearence Certificate" of the malls, restaurants, banquet hall and eateries etc. which comes under Ghaziabad jurisdiction and accordingly action will be taken. Copy of the same is annexed as Annexure -4.
6. Member Secretary, Uttar Pradesh Pollution Control Board has ordered to all the regional officers vide letter no. H00623/C-1/NGT- 2000/2023 dated 13-09-2023 to strongly enforce the environmental laws/norms against the defaulters and take the necessary action. Copy of the same is annexed as Annexure -5.
7. This entire report is submitted and the U.P. Pollution Control Board seeks for the time to file detailed report subsequently.
X X X X"
8. In view of request time was granted for filing additional status report. Additional status report has been filed vide email dated 17.12.2023. O.A. No. 294/2023 Prasoon Pant & Anr. Vs. UPPCB & Ors. 5
9. The relevant part of the additional status report filed vide email dated 17.12.2023 reads as under:
"X X X X
1. There are total 27 respondents. Out of same there are 21respondents listed in petition from sr. no. 7 to sr. no. 27 whose survey was conducted and as per their present status, out of 21 units 15 units have obtained Consent to operate under provision of Air (Prevention and Control of Pollution) act 1981 and water act (Prevention and Control of Pollution) act 1974, rest six units are not complying and accordingly show-cause notice for closure and imposition of environmental compensation have been issued. Accordingly action will be taken. The detailed data is annexed as Annexure-I.
2. Further site inspection was carried out, in which 84 units were further identified. Out of such 82 units, 24 units have obtained a valid consent under Air (Prevention and Control of pollution) act 1981 and water act (Prevention and Control of pollution) act 1974, rest 58 units have not obtained valid CTO under Air (Prevention and Control of pollution) act 1981 and water act (Prevention and Control of pollution) act 1974. Therefore, environmental compensation of Rs. 9,80,000/- was imposed on each such defaulter units after issuing show-cause notice for the same. Details are annexed as Annexure-II. These 58 units are also part of OA No 438/2018 Arti Vs CGWA & Ors. in Hon'ble National Green Tribunal. Hon'ble Supreme Court has stayed action against all defaulter units listed in such case vide order dated 22.09.2023 in Civil appeal dairy No.-25711 of 2023. Therefore process of recovery of such environmental compensation is with held in compliance of order of Hon'ble Supreme Court. Which is annexed as Annexure-III.
3. U.P. Pollution Control Board officials with the limited resources are conducting further survey on regular and routine basis and action is taken accordingly.
X X X X"
10. So far as the project proponents impleaded as respondents no. 7 to 27 are concerned, respondent no. 1-UPPCB has submitted that out of 21 units 15 units have obtained consent to operate and regarding 6 units show cause notice for closure and imposition of environmental compensation have been issued. In the report it has been further mentioned that 84 units were identified and surveyed out of which 24 units have obtained CTO and 58 units have not obtained CTO and environmental compensation of Rs. 9,80,000/- has been imposed on them after issuing show cause notices to the same. The said 58 units are stated to be party in O.A. No. 294/2023 Prasoon Pant & Anr. Vs. UPPCB & Ors. 6 O.A. No. 438/2018 titled as Arti Vs. CGWA & Ors. and it has been mentioned that Hon'ble Supreme Court has stayed action against all defaulter units listed in said case vide order dated 22.09.2023 passed in Civil Appeal diary No.-25711 of 2023. Relevant part of above said order reads as under:
"X X X X Pending further orders, there shall be a stay of the operation of the impugned orders dated 17 October 2022, 17 January 2023 and 1 February 2023 of the National Green Tribunal in OA 438 of 2018, IA 339 of 2022 in OA 438 of 2018 and Review Application No 5 of 2023, respectively.
X X X X"
11. However, respondent no.1-UPPCB has not conducted any survey in respect of the remaining units and has not specified any time limit within which the survey will be completed.
12. In respect to project proponents impleaded as respondents no. 7 to 27 respondent no.1-UPPCB has filed annexure I in which it has merely mentioned in the column of "consent status" granted or not granted and in the column of "latest status" complying or not complying. The detailed particulars regarding when the unit was setup, when the CTO was applied for and granted and what are the aspects of compliance and non- compliance have not been mentioned.
13. Similar, report has been filed in respect of 58 project proponents regarding whom only it has been mentioned that environmental compensation of Rs. 9,80,000/- has been imposed. Respondent no.1- UPPCB has not enclosed copies of the orders imposing environmental compensation passed against the 58 project proponents. Specimen of the orders passed against all the 58 project proponents is attached as annexure II.
O.A. No. 294/2023 Prasoon Pant & Anr. Vs. UPPCB & Ors. 7
14. We are of the considered view that the amount of environmental compensation of Rs. 9,80,000/- uniformly imposed on all such units by itself implies non-consideration of the relevant aspects as such compensation has to be from the date of operation till the date of inspection which cannot be the same in respect of all the units and will be materially different and even the magnitude of capital invested, assets acquired, operations carried on will vary.
15. We consider it appropriate to direct respondent no.1-UPPCB to revisit all such environmental compensation orders passed by it.
16. Respondent no.1-UPPCB is directed to file additional status report with all requisite information in tabular format and also to enclose therewith copies of the show cause notices issued and orders passed, directions issued and also replies filed and compliance made in consequence to the orders.
17. We consider it appropriate to grant opportunity of being heard to all the 58 project proponents and accordingly they are ordered to be impleaded as respondents no. 28 to 86.
18. The Registry is directed to issue notices to respondents no. 28 to 86 and the notices issued may be served on them through the District Magistrate, Ghaziabad. Accordingly, notices issued be sent to the District Magistrate, Ghaziabad for getting the service of the notices effected on the project proponents no. 28 to 86.
19. Replies/responses by remaining project proponents may be filed within two months by way of email at [email protected] preferably in the form of searchable PDF/OCR supported PDF and not in the form of Image PDF.
O.A. No. 294/2023 Prasoon Pant & Anr. Vs. UPPCB & Ors. 8
20. As observed above, the report filed by respondent no.1-UPPCB is not in proper format and does not furnish the information sought by this Tribunal and is materially deficient in relevant particulars and the relevant documents have not been enclosed with the same. We express our displeasure regarding the manner in which the report has been filed. We are also of the considered view that such deficiencies occasions unnecessary adjournments and delay disposal of the original application. Such deficiencies need to be remedied by imposition of order for payment of costs for unnecessary adjournment and delay in disposal of case thereby caused. Accordingly adjournment for filing of additional status report is granted subject to payment of Rs. 1,00,000/- as costs by respondent no.1- UPPCB. The costs be deposited by Member Secretary, UPPCB with NGT Bar Association before the next date of hearing fixed. In case the costs are not so deposited the NGT Bar Association will be entitled to file an application for execution of this order for realization of the costs. On deposit NGT Bar Association shall be entitled to utilize the amount of costs for providing legal aid to the members of public approaching this Tribunal with letter petitions and also for providing facilities to members of public visiting this Tribunal.
21. List for further consideration on 12.03.2024.
22. A copy of this order be forwarded to the Member Secretary, UPPCB by email for requisite compliance.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM December 19th, 2023 N