HC imposes Rs 50K costs on pollution 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 the State of Haryana and other respondents. The Bench 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-seven months to comply with the direction, despite the clear directive, forcing the petitioners to file the 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 restoration of electric supply, and also de-sealing of the unit of the petitioners,” the Bench observed.

The court said the delay was not only unjustified but also compelled the petitioners to engage in avoidable litigation. “Besides compelling the petitioners to file this avoidable peace of litigation, the board has also wasted precious time of this court in dealing with vexatious peace of litigation. The precious time of the court could have been utilised in deciding more pressing matter,” the Bench said.

The court imposed costs of Rs 50,000 on the HSPCB, of which Rs 10,000 was to be paid to the petitioners and the remaining amount was to be deposited into the Poor Patients Fund at the PGIMER, Chandigarh.