HC imposes Rs 50,000 cost on Haryana pollution control board for delay in compliance

Expressing displeasure over inordinate delay by the Haryana State Pollution Control Board (HSPCB) in complying with an order, the Punjab and Haryana High Court has imposed Rs 50,000 costs after describing the situation as "unfortunate".

The ruling by the Bench of Chief Justice Sheel Nagu and Justice Sumeet Goel came on a petition filed by a factory and another petitioner against Haryana and other respondents. The Bench during the course of hearing observed that the petitioners had approached the court after the HSPCB failed to act on an order dated May 16, 2024, passed by an appellate authority.

Among other things, the authority had observed that the petitioners possessed a valid consent to operate (CTO) until December 31, 2030, and directed the removal of seals on the factory and restoration of electricity supply. Yet the HSPCB took nearly six to seven months to comply with the direction despite the clear directive, forcing the petitioners to file the present writ petition.

“What is unfortunate to note is that despite the appellate authority vide order dated May 16, 2024, observing that the petitioners possess valid CTO up to December 31, 2030, and directing for removal of seals put on the unit, the Haryana State Pollution Control Board took nearly six to seven months to rise from the stupor and pass orders directing for restoration of electricity supply and also de-sealing of the unit of the petitioners,” the Bench observed.

The court was of the opinion that the delay by the HSPCB was not only unjustified but also compelled the petitioners to engage in avoidable litigation. The Board's inaction not only caused hardship to the petitioners but also wasted the court's precious time, it said.

The Bench said the HSPCB deserved to be saddled with exemplary costs as the petitioners were compelled to approach the court in “this avoidable piece of litigation”.

Before parting with the order, the court imposed costs of Rs 50,000 on the HSPCB, out of which Rs 10,000 was to be paid to the petitioners, while the remaining amount was to be deposited into the Poor Patients Fund at the PGI, Chandigarh.