National Green Tribunal
Anil Kumar vs State Of Haryana & Ors on 25 April, 2025
Item No. 10 Court No. 2
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
MISC APPLICATION IN DISPOSED OF CASES No. 15/2025
In
Original Application No. 270/2024
Anil Kumar Applicant
Versus
State of Haryana & Ors. Respondents
Date of hearing: 25.04.2025
CORAM: HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
Applicant: None for the applicant.
Respondents: Mr. Rahul Khurana, Advocate for HSPCB
Ms. Sabarni Som and Mr. Fateh Singh, Advocates for respondent no. 4
ORDER
1. Heard counsels for the parties.
2. This Original Application (hereinafter referred to as 'OA') has been registered under Sections 14 and 15 of National Green Tribunal Act, 2010 (hereinafter referred to as 'NGT Act, 2010') in exercise of suo- moto jurisdiction in view of law laid down by Supreme Court in Municipal Corporation of Greater Mumbai vs. Ankita Sinha, (2022) 13 SCC 401 on a letter petition dated 15.09.2023 received from Anil Kumar, resident of VPO, Paluwas (Bhiwani) complaining that M/s G.G. Enterprises, Ninan Nathuwas Road, VPO Paluwas, Rohtak Road, Bhiwani-127021 is operating a factory and engaged in cutting, grinding and washing of old batteries which contain hazardous substances, toxic 1 material and the same is being discharged in open area causing pollution by contaminating ground water in surrounding area.
3. Tribunal took cognizance of the matter on 21.05.2024 but took the view that the compliant can be dealt with effectively at the first instance by the local authorities. Thus, Tribunal constituted a Joint Committee comprising District Magistrate, Bhiwani and Haryana State Pollution Control Board who were directed to visit the site, collect relevant information and if finds any violation on the part of the said industry causing damage to the environment, may take appropriate preventive, remedial and punitive action against the violator in accordance with law within two months from the date of communication of order.
4. Pursuant thereto report of Joint Committee has been filed vide email dated 05.09.2024. The relevant extract of report of Joint Committee reads as under:
"Action Taken Report in compliance with Hon'ble National Green Tribunal, Principal Bench, New Delhi order, dated 21.05.2024 in the matter of OA No.270/2024 Anil Kumar Vs. State of Haryana.
X X X X
2. The unit M/s G.G. Enterprises, Nina, Nathuwas Road, Paluwas, Bhiwani was inspected jointly by Sh. Harbir Singh, SDM, Bhiwani, and Sh. Kapil Singh, AEE, SHPCB, Bhiwani on 31.05.2024. The unit's premises was surveyed by the team. The complainant has alleged that the unit is engaged in cutting, grinding and washing of old batteries which contains hazardous substances, toxic material and the same is being discharged in open area causing pollution by contaminating ground water as well as land and surrounding areas.
3. The unit was not found to be engaged in washing of old batteries. The unit was to be cutting plastic in a cutter machine, which was closed, and placed under a cover shed. Moreover, the unit was largely engaged in trading of plastic scrap at the unit. The unit has provided machinery for grinding the plastic material and is not engaged in washing of old batteries. Thus, the allegations regarding cutting, grinding and washing of old batteries containing hazardous substances, and contamination of ground water was found to be incorrect.2
The Unit M/s G.G. Enterprises, Nina, Nathuwas Road, Paluwas has obtained Consent to Operate from the Board vide No.HSPCB/Consent/ :313295823ВНІСТО39414673 dated 17/07/2023 under Green category (Copy attached as Annexure A). Copy of flow chart submitted by unit before obtaining CTO is enclosed as Annexure B. Copy of purchase Bills of Raw material submitted during and post visit dated 31.05.2024 is enclosed as Annexure C. Action taken report of Joint Committee constituted by Deputy Commissioner, Bhiwani along with photographs of unit are annexed as Annexure D.
5. Following deficiencies were observed:
(i) The unit was found to be having errors in maintaining accountancy related measures.
(ii) No record of salaries being transferred to the staff was maintained at the unit.
Given the above observations, the following recommendations are made.
1. The unit shall ensure to follow all the accountancy related measures at the unit.
2. It shall keep a record of all the purchase of raw materials, and sale of finished products.
3. It shall ensure availability of recording of CCTV cameras at the unit."
5. Report of Joint Committee was registered as M.A No.15 of 2025 and Registrar General placed the matter before the Bench taking a view that further order is required from the Bench concerned.
6. Tribunal took up the matter on 31.01.2025 and noticing the fact that some deficiencies have been pointed out by Joint Committee which required compliance. Hench impleaded following as respondents:-
(1) State of Haryana through Secretary, Department of Environment, Government of Haryana, (2) HSPCB, (3) District Magistrate, Bhiwani, Haryana and 3 (4) the Project Proponent- M/s G.G. Enterprises, Ninan, Nathuwas Road, Paluwas, Bhiwani,
7. Tribunal issued notices to respondents requiring them to file their responses.
8. Pursuant to above order dated 31.01.2025, reply by way of affidavit dated 23.04.2025 has been filed on behalf of respondents 2 and 3 i.e. Haryana State Pollution Control Board (hereinafter referred to as 'HSPCB'), and District Magistrate, Bhiwani. It has been stated that pursuant to Tribunal's order dated 21.05.2024 passed in O.A., inspection was made by Joint Committee on 31.05.2024 and report was submitted. However, deficiencies mentioned in the report do not relate to any environmental violation on the part of unit concerned and therefore, compliance of recommendations made in Joint Committee Report is beyond the jurisdiction of HSPCB.
9. Respondent 4 i.e. M/s G.G. Enterprises has also filed its reply dated 27.03.2025 stating that complaint was falsely made since Project Proponent was never engaged in cutting, grinding and washing of old batteries and the question of discharging any hazardous substance of the toxic material due to the above activities does not arise. It is further said that the Project Proponent is engaged in non-polluting activity like cutting of plastic material in a cutting machine and trading plastic scrap. The activities in which Project Proponent is engaged do not harm the environment in any manner and no such finding has been recorded by Joint Committee in its report.
10. We find from Joint Committee report that first recommendation is with regard to maintenance of accounts relating to measures at the units. Second, with regard to trade accounts like purchase of raw material and sale of finished goods and third, with regard to installation of CCTV 4 cameras. No environmental statutes are referred to in respect to these recommendations and learned counsel appearing for HSPCB did not dispute that none of these recommendations relates to enforcement/implementation of either Water (Prevent and Control of Pollution) Act, 1974, Air (Prevent and Control of Pollution) Act,1981 and Environment Protection Act, 1986 or any other enactment mentioned in Schedule I of NGT Act, 2010.
11. In these facts and circumstances, we find that no further order is required to be passed in the matter. The Application is accordingly disposed of.
Sudhir Agarwal, JM Arun Kumar Tyagi, JM Dr. A. Senthil vel, EM April 25 , 2025 th MISC APPLICATION IN DISPOSED OF CASES No. 15/2025 In Original Application No. 270/2024 AB 5