Judgement of the National Green Tribunal regarding insecticide manufacturers are circumventing the mandatory requirement of obtaining EC, 27/07/2017

  • 27/07/2017

Judgement of the National Green Tribunal in the matter of Karukampally Vijayan Biju Vs Union of India & Others dated 27/07/2017 regarding insecticide manufacturers are circumventing the mandatory requirement of obtaining prior Environmental Clearance before commencing their manufacturing activity. It is the case of the Applicant that these manufacturers and the concerned authorities are bypassing the strict rigors of Entry-5(b) of the EIA Notification of 2006 and are carrying on the manufacturing activity of insecticides on the ground that it is not covered under the Entry-5(b) of the Notification of 2006.

The Tribunal refused the plea of the Applicatnt for the closing down of the units manufacturing insecticides on the ground that:

1. These units have been operating for long time and after complying with the relevant laws.

2. That the concerned authorities, to some extent, were under the impression that such manufacturing units may not be covered under the Entry-5(b) of the Notification of 2006.

3. Applicant itself has approached the Tribunal after lapse of considerable time

4. Units should be provided an opportunity to comply with the laws of environment and take appropriate precautionary and preventive steps without any further delay.

National Green Tribunal rules that the expression ‘pesticides’ squarely takes within its ambit and scope the expression ‘insecticides’ as well. Resultantly, all the manufacturers of insecticides and particularly the private respondents are liable to take prior EC in terms of the Notification of 2006. Court also direts MoEF&CC to issue a public notice and a general circular to all the Pollution Control Boards and other competent authorities informing them about this judgement of the Tribunal and providing a period of six weeks to the private respondents and all other manufacturers of insecticides to apply for obtaining the EC for manufacturing of such insecticides.