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Judgment
Issue for consideration is remedial action against violation of environmental norms such as illegal dumping and burning of garbage and discharge of untreated waste water by various restaurants on G.T. Road, Murthal in Sonepat District and other such establishments. In the course of proceedings, scope of consideration has been extended to cover all such establishments throughout the State and also other States/UTs.
The matter has been considered in the last three years by several orders. It has been found that there is rampant violation of environmental norms by road side restaurants and such other establishments in Haryana. The Tribunal last dealt with the matter vide order dated 08.06.2021 in the light of earlier proceedings, status report filed by Director General, Urban Local Bodies, Haryana and recommendations in the report of the CPCB.
The Tribunal noted the SOP finalized by CPCB and circulated to all States/UTs on 19.03.2020 for ensuring compliance of provisions of the Water (Prevention and Control of Pollution) Act, 1974, the Air (Prevention and Control of Pollution) Act, 1981 and the Environment (Protection) Act, 1986 by such establishments. It was also noted that the authorities in the State of Haryana failed to take any meaningful steps in the matter. The tribunal directed the Chief Secretary, Haryana to ensure further action including action against negligence of the erring officers in failing to check continued damage to public health and environment. The operative part of order is reproduced below:-
“6. The status report filed on behalf of the State of Haryana is to the effect that the SOP prepared by the CPCB has been adopted and earlier policy has been withdrawn. Enforcement of the SOP issued by CPCB will be ensured.
From the above, we find that beyond saying that action will be taken by the State of Haryana in terms of SOP issued by the CPCB, there is no mention of compliance status. The authorities appear to have taken the matter lightly treating the filing of a status report to be a formality. The Tribunal expected meaningful action on the ground level which has not been taken inspite of long time available after the last hearing and finalisation of the SOP by the CPCB long back. While placing on record our disapproval for such negligence and failure, we direct the Chief Secretary, Haryana to take suitable remedial measures, including action against the erring officers for such negligent behavior and ensure filing of a meaningful compliance report before the next date by e-mail at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF.”
In pursuance of above, status report has been filed on behalf of State of Haryana on 05.08.2022 to the effect that a meeting with concerned departments was held on 09.12.2020. District Task Forces were constituted under chairmanship of Additional Deputy Commissioners on 07.01.2022 who were to conduct survey, prepare check-list of compliance of norms by concerned entities and take action against non-compliant units. 3207 units have been identified but large number of the units have been found to be non-compliant with the norms for which show-cause notices have been issued. Status report in tabular form has been presented as follows:-
“ Total No. of such units identified/surveyed till date:- 3207
Sr. No
Compliance required As per CPCB guidelines
No. of complying with the CPCB
Norms
Remarks
1
No. of units have CTO
168
1492 units are not covered under consent management system. Show cause notices have been issued to 1475 units. Closure action has been taken against 20 units by FISPCB and 36 units found closed. 16 units have applied for CTO.
2
No. of units have sanctioned building plan
707
Show cause notices have been issued to 1948 units. 25 units are not required to got sanctioned their building plan. 36 units found closed. Show cause notices to remaining 491 units are also being issued.
3
No. of units have
Effluent Treatment Plan (ETP)
155
1496 units are not required to install ETP. Show cause notices have been issued to 1016 units. 83 units are connected to public sewer.
36 units found closed. Closure action has been completed against 12 units by HSPCB. Show cause notices to remaining 409 units are also being issued.
4
No. of units have adequate parking facilities
1514
Show cause notices have been issued to 1219 units. 68 units are using common
parking. 36 units found closed. Show cause notices to remaining 370 units are also being issued.
5
No. of units processing their solid waste
1159
Show cause notices have been issued to 1629 units. 116 units in Faridabad are sending their wet waste to Bio-methanation plant of IOCL. 63 units in Sirsa are sending their waste to MC for processing. 36 units found closed. Show cause
notices to remaining 204 units are also being issued.
6
No. of units have permission to extract ground water
169
Show cause notices have been issued to 734 units. Drinking water in 1241 units is being supplied through Government water supply lines. 61 units in Hisar are not required permission as they are extracting ground water less 10 KLD. 36 units found closed. 02 units have applied for permission.”
7
Fire safety certificate/NOC from concerned authorities. (No. of Units)
493
Show cause notices have been issued to 2358 units. 36 units found closed. 02 units have applied for NOC. Show cause notices to remaining 318 units are also being issued.
8
No. of units adopted Water conservation measures
403
Show cause notices have been issued to 1552 units. 36 units found closed. Show cause notices to remaining 1216 units are also being issued.
From the above, it is seen that no effective action on ground level for compliance of the norms is shown. In view of acknowledged rampant violations for long time inspite of due opportunity, effective action to be expected is to close the units till compliance and recover compensation for past violations on ‘Polluter Pays’ principle, following due process of law. This does not appear to have been done. It is also not clear whether show cause notices have proposed any compensation or other coercive measures in case of continued non-compliance. Thus, there is unchecked continuing damage to the environment and public health which ought to be checked by the State authorities by prompt stern action against the violators. All such roadside dhabas/eateries/restaurants need to be made to manage their liquid and sold waste and maintain general hygienic conditions. There is need to create awareness and render technical assistance in setting up of waste management facilities (sewage and solid) according to their location, size and capacity. Campaign can be initiated for the purpose and training camps/workshops held, service providers identified and accredited. These suggestions are only illustrative and can be appropriately supplemented by the concerned.
Accordingly, we direct the Chief Secretary, Haryana to look into the matter and remedy the situation by ensuring prompt and effective measures for protection of environment and public health. The Chief Secretary may hold a meeting personally within one month and fix responsibility in the matter for ensuring time bound action. The State PCB may also perform its statutory duties against the violators, apart from suggesting sewage and solid waste management practices for individual entities or jointly by more than one such entities and on that basis grant requisite CTOs.
The Application will stand disposed of with liberty to any aggrieved party to take remedies afresh against continuing violations, in accordance with law.
A copy of this order be forwarded to the Chief Secretary, Haryana and the State PCB by email for compliance.