Ludhiana: Punjab and Haryana High Court leaves decision on Buddha Nullah pollution to NGT

The Punjab and Haryana High Court has left it to the National Green Tribunal (NGT) to decide the issue pertaining to the Buddha Nullah pollution.

The Chief Justice Sheel Nagu-led Division Bench, comprising Justice Anil Kshetarpal, has disposed of suo motu case in the matter.

The High Court had on October 4 taken suo motu note of a newspaper report highlighting that effluents were being dumped into the Buddha Nullah in Ludhiana, which ultimately joins the Sutlej, thereby polluting the natural stream of fresh water.

“During the course of proceedings taken up before this court on October 25, it was informed by the state counsel that appeals are pending consideration before the NGT Principal Bench at New Delhi,” the CJ-led Division Bench said in an oral order.

The High Court further stated: “In view of the commonality of the issue raised herein and the same being seized with the NGT in the shape of the two appeals, the court refrains from proceeding ahead with this public interest litigation to avoid any conflicting decision.”

“Accordingly, the present petition stands disposed of without commenting upon merits,” the CJ-led Division Bench ordered.

Taking up two separate appeals filed by the polluting industries against the orders of the Punjab Pollution Control Board (PPCB) to stop discharge of treated effluents from three common effluent treatment plants (CETPs) into the Sutlej tributary, the NGT had on November 4, posted the matter for December 2 while directing the PPCB to produce the original record along with a copy thereof concerning to passing of the impugned orders.

However, the NGT, without putting any stay on the PPCB orders, as sought by the appellants, directed that till the next date of hearing, no coercive steps in pursuant to the impugned orders will be taken subject to compliance of the environmental norms and clearance conditions.

Meanwhile, the Punjab State Human Rights Commission (PSHRC) has also taken cognisance of the widespread pollution in the nullah and has sought a report on the issue from the PPCB Chairman before January 27 next, which has been fixed as the next date of hearing in the case.

The PSHRC chairperson, Justice Sant Parkash, has issued the order on a complaint filed by a local advocate, Sarvjit Singh, who had submitted that the state government authorities were playing with the lives of residents of Punjab and Rajasthan by neither lodging FIRs against the polluters nor complying with the orders of the PPCB and other authorities concerned to prevent further water pollution in the Sutlej, which passes through the two states. He had stated that the unabated flow of effluents was polluting the nullah and further the Sutlej for the past almost five decades.

Environmentalist seeks Guv’s intervention

An environmentalist, Col Jasjit Gill (retd), who is spearheading a sustained campaign against widespread pollution in the Buddha Nullah, has sought personal intervention of Punjab Governor Gulab Chand Kataria in saving the Sutlej tributary and the entire river.

“I am appealing to you for safeguarding this rapid degradation of the environment, especially the surface water flowing into South Punjab and Rajasthan, which is being heavily polluted by the nullah in Ludhiana via the Sutlej,” he said in a representation to the Governor.

He urged Kataria to ask the Punjab Government to implement the orders issued by the PPCB, which, in fact, were delayed by over a month after the Central Pollution Control Board (CPCB) had recommended action and implementation. “We would also like you to go into reasons so as to why these orders were delayed and why no action was still being taken to implement the same,” Colonel Gill demanded while asserting that the government’s delay in implementation goes against the spirit of good governance as these were legitimate orders passed by the PPCB based on the Water Conservation Act, as ordered by the CPCB.

The environmentalist said the government needs to come clean on its stand that whether it stands with the two-crore people, who were affected by the chemical cocktail assault in Punjab and Rajasthan by being forced to drink and use this water for irrigation or the it stands with a group of polluters, who, so far, have polluted the Sutlej waters via the nullah with impunity.

THE TIMELINE

• Oct 4: HC takes suo motu cognisance of news report
• Oct 22: PSHRC takes note, seeks report from PPCB Chairman
• Oct 25: HC impleads PPCB as party to case
• Nov 4: NGT takes up two appeals, posts matter to Dec 2
• Nov 11: HC disposes of petition without commenting upon merits