Non-execution of recovery order: NGT directs issuance of notices

Mukesh Tandon

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Panipat, August 26

The National Green Tribunal (NGT) has ordered to serve notices to the Haryana State Pollution Control Board (HSPCB), district administration and Haryana Water Resource Authority (HWRA) for not executing the orders in a case for recovery of environmental compensation (EC) from dyeing units at Barhi industrial estate in Sonepat district for violating norms and groundwater extraction.

The HSPCB had imposed the EC of Rs 96 crore on 24 industries in HSIIDC at Barhi of Gannaur, reportedly for the extraction of groundwater without any approval of the competent authority, which was later waived significantly.

Varun Gulati, a Delhi-based environmentalist, filed an application in the NGT in 2020 against 29 industries at Barhi, alleging that these were violating environmental norms, including extraction of groundwater and discharging untreated effluents in drains. Following the complaint, the team visited the site and imposed an EC of Rs 96 crore on 24 units.

But the complainant again reached the NGT for execution and alleged that the EC was initially assessed by the HSPCB properly, but it was later waived for extraneous reasons.

Gulati alleged that the then Sonepat DC waived the EC and a fine of Rs 1 lakh was imposed on only five-six industries.

Following the execution application, the Principal Bench headed by Justice Adarsh Kumar Goel said in its orders on November 29, 2022, that the waiver needed to be recalled by the board to give effect to the mandate of law laid down in MC Mehta v/s Supra and the waiver was unjustified.

The NGT said the issue should be finalised within three months, following the due to process of law.

Gulati further said the EC was to be recovered up to March, but it had not been recovered so far. He sought information, and the HSPCB, in its reply on June 20, 2023, said no reply had been received from the Sonepat DC and the HWRA.

He again went to the NGT and filed an application for execution of orders passed on November 29 last year and alleged that the orders had not been complied with by the respondents. The NGT directed that notices be served on the respondents, returnable within four weeks. The respondents were directed to submit their reply within six weeks. The NGT fixed the matter for November 10, the order reads.