NGT slaps Rs 1 cr fine on Amritsar dyeing unit, raps pollution board

Amritsar, July 6

The National Green Tribunal (NGT) has imposed an interim penalty of Rs 1 crore on an Amritsar-based manufacturer of chemical dyes, besides ordering its closure and criminal prosecution of its directors.

Orders closure of industry

• Coming down heavily on the Punjab State Pollution Control Board, the NGT also ordered the industry’s closure and criminal prosecution of its directors for violation of environmental norms
• It also formed a committee with the Central Pollution Control Board as the nodal agency for compliance and to visit the unit, and submit a report to the Member Secretary, PSPCB

In addition, it criticised the Punjab State Pollution Control Board (PSPCB) for ignoring gross violations by polluting industries in the state. The NGT also constituted a high-powered committee comprising Regional Director, Ministry of Environment, Forest and Climate Change; Central Pollution Control Board (CPCB); and PSPCB.

CPCB shall be the nodal agency for coordination and compliance to visit the industrial site, and submit a report to Member Secretary, PSPCB; whereupon appropriate action for closure of the industry shall be taken by PSPCB. The closure shall continue till all violations are removed by the industrial house.

The Public Action Committee (PAC), an NGO for betterment of environment in Punjab, had taken up alleged violations of pollution norms by the private company with the NGT. Its four members Kapil Dev, Jaskirat Singh, Kuldeep Singh Khaira and Dr Amandeep Singh Bains contested the case. They said the polluting unit had been disposing of chemical waste in the open, and the local office of the PSPCB had warned and acted against it several times. However, the unit got relief from higher authorities of the PPCB. Thus, the statutory body failed to discharge its duty, they said.

In a detailed order in “Public Action Committee versus State of Punjab”, the four-judge Bench led by Chairperson Justice Prakash Shrivastava came down heavily on Amritsar-based manufacturer of chemical dyes.

Referring to the conduct of the polluting industry and PSPCB, the judgment says: “The polluting industry has continuously violated environmental laws. PSPCB failed to take appropriate action against the respondent despite frequent, repeated and flagrant violations.”

The Bench ordered the closure of the polluting industry, stating that “the polluting industry is running its establishment in such a manner so as to violate environmental laws and norms”. It said the order of closure will remain in force till all violations are removed.

Recommending criminal prosecution of the factory owners, the bench said, “The violation of environmental laws is also an offence. The regulatory authority must initiate criminal prosecution for past violations as well as continued violations by lodging criminal complaints.”

The NGT said: “We find it appropriate to impose an interim environmental compensation of Rs 1 crore for two years. The final compensation shall be determined by PSPCB after collecting relevant information from all stakeholders concerned.” Kapil Dev and Jaskirat Singh, petitioners and PAC members said, “This is a landmark order. Polluters who have been colluding with corrupt officials for long cannot run from law anymore.”

Petitioners Kuldeep Singh Khaira & Dr Amandeep Singh Bains said, “We demand from CM Bhagwant Mann that PPCB be completely scrapped and reconstituted as there is no hope from its current leadership to act against polluters.”