From Our Bureau
NEW DELHI: The Supreme Court has struck down an order of the principal branch of the National Green Tribunal(NGT), shutting down the factories of a Haryana firm on the charge of not fulfilling the environment clearance despite not causing pollution and complying with the required pollution norms.
It noted sheer harassment of the factory owners in the NGT closing down for the technical irregularity of want of prior environment clearance pending the issuance of EC, already applied for, despite the fact that even the Haryana State Pollution Control Board clearly said in an affidavit that its granted approvals to the firm’s units on the misconception that no EC was required.
In its judgment on March 25, the Bench of Justices Indira Banerjee and J K Maheshwari held that NGT erred in law in directing that units located in Yamunanagar cannot be allowed to function till compliance of the statutory mandate. It allowed the appellants to operate the units and ordered restoration of electricity to them, if disconnected, and the same may be disconnected only if the application for EC is rejected.
The NGT had acted on the application by NGO Dastak against Pahwa Plastic Pvt Ltd running Pahwa and Apcolite units, for which the consent was granted after the due public hearing. The Court said NGT should have considered the factories’ contribution to economy and about 8,000 workers employed. The factories produce formaldehyde, a basic organic chemicals, at its two production units in Rohtak and Yamunanagar districts.
The Apex Court noted that the Centre had proceeded with the application for EC and even the public hearing was held. What more was required, it asked and directed the Centre to inform the appellants in writing within three working days whether anything further is required to be done by the appellants. It said the appellants shall, within a week thereafter, do thee needful and the final decision on their application for EC shall be taken within three weeks thereafter.
