Skip to main content

Industrial pollution: Supreme Court asks 3 Gujarat units to pay Rs 10 crore each

Rohit Prajapati collecting sample from a Gujarat river
By Our Representative
The Supreme Court has asked three top Gujarat-based industries, Alembic Pharmaceuticals Ltd, United Phosphorus Ltd and Unique Chemicals Ltd, to deposit a compensation amount of Rs 10 crore each with the Gujarat Pollution Control Board (GPCB), which should use the money for "restoration and remedial measures" to improve the quality of environment in the industrial area in which the industries have been operating.
In its order dated April 1, in a petition filed by well-known environmentalist Rohit Prajapati of the Payavaran Suraksha Samiti against the three industrial houses the the ministry of environment, forests and climate change (MoEF&CC), the apex court said, each of them should also additionally deposit an amount of Rs 10 lakh, as ordered by the National Green Tribunal (NGT) earlier.
Citing Article 142 of the Constitution, the apex court said (para 39), the three industries should deposit the amount of compensation with GPCB within a period of four months from the date of receipt of the certified copy of the judgment. The three industries are operating in Paneval (Halol), Ankaleshwar and Panoli, respectively.
The apex court stated, "The concept of ex-post facto clearance is alien to environmental jurisprudence. It is in derogation of the fundamental principles of environmental jurisprudence and is an anathema to the Environmental Impact Assessment (EIA) notification dated January 27, 1994" (para 23).
It continued, "The circular allowing for ex-post facto clearance is contrary to the objective of Section 3 of the Environment Protection Act. There was no jurisdictional bar on NGT to enquire into its legitimacy or vires. Moreover, the administrative circular is contrary to the EIA Notification 1994, which has a statutory character. The circular is thus unsustainable in law" (para 21).
Treating it as exemplary order, MoEFCC must ask state pollution control boards to act against India's 300 polluting units, identified by CPCB
The apex court argued, "The Comprehensive Environmental Pollution Index report issued by the Central Pollution Control Board (CPCB) for 2009, 2010, 2013 and 2018 show critical figures of pollution in the industrial cluster, which is an indication that industrial units have been operating in an unregulated manner and in defiance of the law" (para 35).
Prajapati, who is also a senior activist of the People's Union for Civil Liberties (PUCL), commented, "Since the three industries have evaded the legally binding regime of obtaining Environmental Clearances (ECs), they cannot escape the liability incurred on account of such non-compliance and penalties must be imposed for the disobedience with a binding legal regime."
Talking with this Counterview, he added, "While the judgment pertains to just three industrial units of India, MoEFCC must treat this as an exemplary order and ask pollution control boards of all states to act against all the 300 polluting industries, identified by CPCB."
Senior advocates who appeared for the three industries included Kapil Sibal, Abhishek Singhvi and CU Singh, NS Nadkarni appeared for MoEF&CC, and Siddharth Seem for Prajapati.

Comments

Unknown said…
मुझे रोहित भाई प्रजापति का कांटेक्ट नंबर चाहिए
Unknown said…
मुझे एक एनवायरमेंट के प्लांट के बारे में जानकारी है जो पानी में किसी भी तरीके का कोई ट्रीटमेंट किए बिना मेघा लाइन में छोड़ता है इसमें क्या आप मेरी कुछ मदद कर सकते हो

TRENDING

'Flawed' argument: Gandhi had minimal role, naval mutinies alone led to Independence

Counterview Desk Reacting to a Counterview  story , "Rewiring history? Bose, not Gandhi, was real Father of Nation: British PM Attlee 'cited'" (January 26, 2016), an avid reader has forwarded  reaction  in the form of a  link , which carries the article "Did Atlee say Gandhi had minimal role in Independence? #FactCheck", published in the site satyagrahis.in. The satyagraha.in article seeks to debunk the view, reported in the Counterview story, taken by retired army officer GD Bakshi in his book, “Bose: An Indian Samurai”, which claims that Gandhiji had a minimal role to play in India's freedom struggle, and that it was Netaji who played the crucial role. We reproduce the satyagraha.in article here. Text: Nowadays it is said by many MK Gandhi critics that Clement Atlee made a statement in which he said Gandhi has ‘minimal’ role in India's independence and gave credit to naval mutinies and with this statement, they concluded the whole freedom struggle.

A Hindu alternative to Valentine's Day? 'Shiv-Parvati was first love marriage in Universe'

By Rajiv Shah*   The other day, I was searching on Google a quote on Maha Shivratri which I wanted to send to someone, a confirmed Shiv Bhakt, quite close to me -- with an underlying message to act positively instead of being negative. On top of the search, I chanced upon an article in, imagine!, a Nashik Corporation site which offered me something very unusual. 

Maize, bajra, jute, banana cultivation banned off West Bengal border: Plea to NHRC

Counterview Desk  West Bengal-based human rights defender Kirity Roy, who is secretary, Banglar Manabadhikar Suraksha Manch, and is national convenor of the Programme Against Custodial Torture & Impunity, in a representation to the chairman, National Human Rights Commission, second within few days, has bought to light one more case of trespassing and destruction of a fertile banana plantation by BSF personnel along the Indo-Bangladesh border, stating, despite a written complaint to the police has taken "no initiative".

India second best place to invest, next to UAE, yet there is 'lacks support' for IT services

By Sreevas Sahasranamam, Aileen Ionescu-Somers*  The United Arab Emirates (UAE) is the best place in the world to start a new business, according to the latest annual Global Entrepreneurship Monitor (GEM) survey. The Arab nation is number one for the third year in a row thanks to a big push by the government into cutting-edge technology in its efforts to diversify away from oil.

Mahanadi delta: Aggressive construction in flood plains, reduced fish stock, pollution

By Sudhansu R Das  Frequent natural calamities, unemployment, low farmers’ income, increase in crime rate and lack of quality human resources to strike a balance between growth and environment etc. continue to haunt the state. The state should delve into the root causes of poverty, unemployment and natural calamities.

Living standards in 'model' Gujarat worse than major states: Govt of India document

By Rajiv Shah  Amidst raging controversy over whether the latest Government of India’s “Household Consumption Expenditure Survey 2022-23 Fact Sheet: August 2022-July 2023” suggests that India’s poverty levels are actually down to 4.5 to 5%  during the decade-long Narendra Modi rule, a state-wise breakup in the 27-page document shows that “model” Gujarat’s average consumption expenditure is far below most of the so-called developed states.

Buddhist shrines were 'massively destroyed' by Brahmanical rulers: Historian DN Jha

Nalanda mahavihara By Our Representative Prominent historian DN Jha, an expert in India's ancient and medieval past, in his new book , "Against the Grain: Notes on Identity, Intolerance and History", in a sharp critique of "Hindutva ideologues", who look at the ancient period of Indian history as "a golden age marked by social harmony, devoid of any religious violence", has said, "Demolition and desecration of rival religious establishments, and the appropriation of their idols, was not uncommon in India before the advent of Islam".

Not livable in summer, Chitrakut PM-Awas houses 'push' tribals in moneylender trap

By Bharat Dogra*  Those who are in-charge of implementing the PM-Awas scheme of rural housing can rightly take pride in what has been achieved in Dafai hamlet (Karvi block, Chitrakut district, Uttar Pradesh). All the Kol tribal families here are extremely poor and vulnerable. In a rare achievement, almost all of them have received housing assistance under PM Awas. 

Narmada Valley's fossil evidence: Ground for 'nationalists' to argue primates' India roots?

By Saurav Sarkar*  In December 1982, a geologist digging in India’s Central Narmada Valley found something he did not expect. Arun Sonakia, who at the time worked for the Geological Survey of India, unearthed a hominid fossil skullcap from the Pleistocene era. The discovery sent shockwaves through the field of paleoanthropology and put South Asia on the map of human prehistory. Some experts concluded that the skull likely belonged to a member of a predecessor species of ours, Homo heidelbergensis , or perhaps was a hybrid of homo species, while Sonakia himself suggested “ an affinity… to Homo erectus .”

Sharp 61-85% fall in Tech startup funding in India's top 'business-friendly' States

By Rajiv Shah Funding in Tech startups in top business-friendly Indian states has witnessed a major fall, a data intelligence platform for private market research has said in a series of reports it has released this month. Analysing Tech startup data of Telangana, Maharashtra, Delhi NCR, Gujarat, Tamil Nadu, Karnataka and Kerala, Tracxn Technologies Ltd , the Bengaluru-based research firm, finds that except for Kerala, funding witnessed a fall of anywhere between 61% and 85%.