Order of the National Green Tribunal regarding pollution by a rubber factory, village Ikkas, district Jind, Haryana, 15/06/2020

  • 15/06/2020

Order of the National Green Tribunal in the matter of Shamsher Singh Vs State of Haryana dated 15/06/2020 regarding pollution caused by rubber factory in the process of burning of tyres at village Ikkas, district Jind, Haryana resulting in huge pollution and damage to the public health and the environment.

An action taken report filed by the Haryana State Pollution Control Board informed the Tribunal that on verification, allegations of pollution were found correct and order of closure was passed, apart from recommending prosecution and assessment of environment compensation. However, the said order was stayed on March 4, 2020 by the Appellate Authority under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981.

The NGT noted that the Appellate Authority was not headed by a former judge of the High Court as required. Keeping in mind the above facts, the NGT directed the state of Haryana to take remedial action so that the Appellate Authority was manned as per directions of the Supreme Court.

"Once pollution was being caused, there is no occasion for the Appellate Authority manned by Secretary to the Govt. to stay remedial action at the cost of violation of law and public health," the order by Justices Adarsh Kumar Goel and Sheo Kumar Singh said.

The state PCB should have challenged the order by way of further appeal. The NGT directed the Chief Secretary, Haryana to look into the matter and take remedial action and file a compliance report before October 19, 2020.