Mukesh Tandon
Sonepat, December 2
The National Green Tribunal (NGT) has ordered the Haryana State Pollution Control Board (HSPCB) to decidethe issue for waiver of environmental compensation (EC) imposed on 24 industries at HSIIDC, Barhi in Gannaur, within three months.
Extraction of groundwater
The HSPCB had imposed the environmental compensation of Rs 96 crore on 24 industries reportedly for extraction of groundwater without any approval of the competent authority, which was later waived significantly.
The HSPCB had imposed the EC of Rs 96 crore on 24 industries reportedly for extraction of groundwater without any approval of the competent authority, which was later waived significantly.
Varun Gulati, a Delhi-based environmental activist, filed an application in the NGT in 2020 against 29 industrial units of HSIIDC, Barhi, and alleged that these units were reportedly violating the environmental norms, including extraction of groundwater, discharging of untreated effluents in drains. Following the complaint, the teams visited and imposed a environmental compensation of around Rs 96 crore on 24 industries for extracting groundwater.
But, the complainant again reached the NGT for execution and alleged that the environmental compensation was initially assessed by the HSPCB properly, but the same was later waived for extraneous reasons.
Varun Gulati said the environmental compensation was waived by the then Sonepat Deputy Commissioner (DC) Shyam Lal Poonia.
The Sonepat DC had constituted a committee of Hydrologist, Rohtak, and Regional Officer, HSPCB, Sonepat, under the supervision of the Additional Deputy Commissioner (ADC).
The committee in its reports said those who applied for the permission of extraction of groundwater from the HWRA before March 31, 2020 might not be charged any compensation and those who had applied after March 31, 2020, might be charged a fixed compensation of Rs 1 lakh, besides sealing the borewells of the units who applied after the last date. Following the reports, the then Sonepat DC waived the compensation and a fine of Rs one lakh was imposed on only five to six industries, said Gulati.
Besides, the Haryana Water Resources Authority (HWRA) in its reply to the NGT said the NOC only for drinking and domestic use for the workforce could be granted.
No NOC shall be granted to the new industries in over-exploited areas as the authority was conscious of the groundwater conditions in the over-exploited areas. Therefore, it was submitted that the permissions were not given to the new industries in over-exploited areas.
The Principal Bench headed by Justice Adarsh Kumar Goel said in its orders that waiver of environmental compensation needed to be recalled by the state pollution control board to give effect to the mandate of law laid down in MC Mehta v/s Supra and waiver being clearly unjustified.
The NGT also directed the issue should be finalised preferably within three months, following due process of law.
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