SC: No coercive action against stone crushers, can file plea before NGT
Ravinder Saini
Mahendragarh, March 2
Hearing an appeal filed by owners of stone crushers operating in Mahendragarh and Charkhi Dadri districts against the National Green Tribunal (NGT) orders for slapping a fine on them for the violation of environment norms, the Supreme Court (SC) has made it clear that no coercive action shall be taken against them till they file application before the NGT against its January 18 orders.
Rs 64-crore fine was imposed by National Green Tribunal
- On Jan 18, NGT fixed interim compensation of Rs 20L each on 343 stone crushers operating in Mahendragarh and Charkhi Dadri for violation of environment norms
- As per the tribunal, the total fine, amounting to over Rs 64 crore, would be collected by the Haryana State Pollution Control Board and it would be used for restoration of the environment in the area
The NGT had, on January 18, fixed interim compensation of Rs 20 lakh each on 343 stone crushers in both the districts on ‘Polluter Pays’ principle. As per the orders, the total fine, amounting to over Rs 64 crore, would be collected by Haryana State Pollution Control Board and it would be used for THE restoration of the environment in the area.
Sources said the NGT, in its order, also clarified that if any stone crusher was aggrieved by its order of fixing interim compensation, it might be at liberty to move this tribunal, but the owners of several stone crushers filed an appeal in the Supreme Court, claiming that they were not heard by the NGT before passing the orders for interim compensation of Rs 20 lakh against each crusher.
“In many cases, they have obtained the consent from the appropriate authorities and in some of the cases, they are complying with the conditions. As per the report submitted, the pollution in the area was below the permissible limit. In some cases, the stone crushing units were dismantled 10 years ago and some of these have not even operated at all. Even, the final report was not submitted by the committee constituted by the NGT with regard to the issue and before that the impugned orders have been passed,” said the appellants in the SC. Meanwhile, Prashant Bhushan, counsel of the respondents, submitted that as such, if any of the individual stone crusher had any grievance, the NGT in its order (s) had reserved the liberty in favour of the stone crushers to approach it.
“Though the respective stone crushers were aware of the pending proceedings before the NGT except some stone crushers (eight in number), none approached the NGT by way of intervention application. Even, the association appeared before the NGT and filed a written submission. Now, it is not open for the appellants to make a grievance that before passing the order (s), the NGT did not hear them,” said Bhushan.
Having heard counsels of both parties and considering the NGT’s orders, the SC opined that if any of the individual stone crusher had any objection against the NGT’s order, it might approach the NGT as per the liberty reserved by it in its order itself.
