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

Rohit Prajapati collecting sample from a Gujarat river

By A 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

Anonymous said…

मुझे रोहित भाई प्रजापति का कांटेक्ट नंबर चाहिए

May 28, 2022

Anonymous 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

May 28, 2022

Gujarat Information Commission issues warning against misinterpretation of RTI orders

By A Representative The Gujarat Information Commission (GIC) has issued a press note clarifying that its orders limiting the number of Right to Information (RTI) applications for certain individuals apply only to those specific applicants. The GIC has warned that it will take disciplinary action against any public officials who misinterpret these orders to deny information to other citizens. The press note, signed by GIC Secretary Jaideep Dwivedi, states that the Right to Information Act, 2005, is a powerful tool for promoting transparency and accountability in public administration. However, the commission has observed that some applicants are misusing the act by filing an excessive number of applications, which disproportionately consumes the time and resources of Public Information Officers (PIOs), First Appellate Authorities (FAAs), and the commission itself. This misuse can cause delays for genuine applicants seeking justice. In response to this issue, and in acc...

A comrade in culture and controversy: Yao Wenyuan’s revolutionary legacy

By Harsh Thakor* This year marks two important anniversaries in Chinese revolutionary history—the 20th death anniversary of Yao Wenyuan, and the 50th anniversary of his seminal essay "On the Social Basis of the Lin Biao Anti-Party Clique". These milestones invite reflection on the man whose pen ignited the first sparks of the Great Proletarian Cultural Revolution and whose sharp ideological interventions left an indelible imprint on the political and cultural landscape of socialist China.

Uttarakhand tunnel disaster: 'Question mark' on rescue plan, appraisal, construction

By Bhim Singh Rawat* As many as 40 workers were trapped inside Barkot-Silkyara tunnel in Uttarkashi after a portion of the 4.5 km long, supposedly completed portion of the tunnel, collapsed early morning on Sunday, Nov 12, 2023. The incident has once again raised several questions over negligence in planning, appraisal and construction, absence of emergency rescue plan, violations of labour laws and environmental norms resulting in this avoidable accident.

'MGNREGA crisis deepening': NSM demands fair wages and end to digital exclusions

By A Representative The NREGA Sangharsh Morcha (NSM), a coalition of independent unions of MGNREGA workers, has warned that the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) is facing a “severe crisis” due to persistent neglect and restrictive measures imposed by the Union Government.

Job opportunities decreasing, wages remain low: Delhi construction workers' plight

By Bharat Dogra* It was about 32 years back that a hut colony in posh Prashant Vihar area of Delhi was demolished. It was after a great struggle that the people evicted from here could get alternative plots that were not too far away from their earlier colony. Nirmana, an organization of construction workers, played an important role in helping the evicted people to get this alternative land. At that time it was a big relief to get this alternative land, even though the plots given to them were very small ones of 10X8 feet size. The people worked hard to construct new houses, often constructing two floors so that the family could be accommodated in the small plots. However a recent visit revealed that people are rather disheartened now by a number of adverse factors. They have not been given the proper allotment papers yet. There is still no sewer system here. They have to use public toilets constructed some distance away which can sometimes be quite messy. There is still no...

Rally in Patna: Non-farmer bodies to highlight plight of agriculture in Eastern India ahead of march to Parliament

P Sainath By A Representative Ahead of the march to Parliament on November 29-30, 2018, organized by over 210 farmer and agricultural worker organisations of the country demanding a 21-day special session of Parliament to deliberate on remedial measures for safeguarding the interest of farm, farmers and agricultural workers, a mass rally been organized for November 23, Gandhi Sangrahalaya (Gandhi Museum), Gandhi Maidan, Patna. Say the organizers, the Eastern region merits special attention, because, while crisis of farmers and agricultural workers in Western, Southern and Northern India has received some attention in the media and central legislature, the plight of those in the Eastern region of the country (Bihar, Jharkhand, West Bengal, Orissa, Chhattisgarh and Eastern UP) has remained on the margins. To be addressed by P Sainath, founder of People’s Archive of Rural India (PARI), a statement issued ahead of the rally says, the Eastern India was the most prosperous regi...

As 2024 draws nearer, threatening signs appear of more destructive wars

By Bharat Dogra The four years from 2020 to 2023 have been very difficult and high risk years for humanity. In the first two years there was a pandemic and such severe disruption of social and economic life that countless people have not yet recovered from its many-sided adverse impacts. In the next two years there were outbreaks of two very high-risk wars which have worldwide implications including escalation into much wider conflicts. In addition there were highly threatening signs of increasing possibility of other very destructive wars. As the year 2023 appears to be headed for ending on a very grim note, there are apprehensions about what the next year 2024 may bring, and there are several kinds of fears. However to come back to the year 2020 first, the pandemic harmed and threatened a very large number of people. No less harmful was the fear epidemic, the epidemic of increasing mental stress and the cruel disruption of the life and livelihoods particularly among the weaker s...

India's health workers have no legal right for their protection, regrets NGO network

Counterview Desk In a letter to Union labour and employment minister Santosh Gangwar, the civil rights group Occupational and Environmental Health Network of India (OEHNI), writing against the backdrop of strike by Bhabha hospital heath care workers, has insisted that they should be given “clear legal right for their protection”.

Targeted eviction of Bengali-speaking Muslims across Assam districts alleged

By A Representative A delegation led by prominent academic and civil rights leader Sandeep Pandey visited three districts in Assam—Goalpara, Dhubri, and Lakhimpur—between 2 and 4 September 2025 to meet families affected by recent demolitions and evictions. The delegation reported widespread displacement of Bengali-speaking Muslim communities, many of whom possess valid citizenship documents including Aadhaar, voter ID, ration cards, PAN cards, and NRC certification.

Counterview

Search This Blog