Ashok Kumar & Ors vs State of Haryana

Mr. Ashok Kumar and other residents of Village Bhagwanpur, Tehsil Jagadhari, District Yamuna Nagar sent the present letter petition expressing their grievance regarding apprehended contamination of ground water by chemical industry established in Abadi (residential area) near Hanuman Mandir in village Bhaganpur, Tehsil Jagadhari, District Yamuna Nagar which is statedly being run in clandestine manner without displaying any board containing its name or other particulars with its gate remaining closed during day time but it’s product being transported through vehicles in the night.

Vide order dated 11.05.2022, this Tribunal constituted a Joint Committee comprising of the State Ground Water Authority, State PCB and Deputy Commissioner, Yamuna Nagar and directed the same to submit Factual and Action Taken Report within two months.

In compliance thereof, report of the Joint Committee has been submitted vide dated 17.09.2022 The relevant part of the report reads as under:-

“Report on Behalf of Haryana State Pollution Control Board in compliance of Orders dated 11.05.2022.

X                             X                            X                             X                             X

That on 13.7.2022, the Dy. Commissioner, Yamuna Nagar nominated the concerned SDM as his representative. As per directions of Hon'ble NGT a team of the following Officers was constituted:-

I. Sh. Sushil Kumar, HCS, SDM, Jagadhri (Representative of Deputy Commissioner, Yamuna Nagar).

II. Sh. Pankaj Mehla, Chief Hydrologist, HWRA, Panchkula.

III. Sh. Nirmal Kumar, the then Regional Officer, HSPCB, Yamuna Nagar.

IV. Sh. Naresh Kumar, AEE, HSPCB, Yamuna Nagar.

That industrial unit under the complaint is M/s CHEMWOOD INDUSTRIES Village Bhagwanpur, Kharwan Road, Tehsil Jagadhri, District Yamuna Nagar. The team of the Officers as mentioned in preceding para visited the unit in question on 25. 07.2022 and 16.8.2022. The complainant Sh. Ashok Kumar was present during inspection of the Unit on 25.7.2022. The Unit was found non-operational on both dates of Inspection. The photographs taken on 25.07.2022 and 16.8.2022 are annexed herewith as ANNEXURE R-1 (Colly).

That  apart  from  the  factual  status  as  found  on 25. 07.2022, following facts are relevant to be placed on record:

(I) The unit in question obtained consent from the Haryana State Pollution Control Board for establishing unit of manufacturing of synthetic resins. The consent was valid from 20.12.2018 to 19.12.2023.

(ii) Some original applications were filed before this Hon'ble Tribunal and issue under consideration in those original application was that whether units manufacturing formaldehyde and its different resins can operate without requisite Environment Clearance as per Environment Impact Assessment (EIA) Notification dated 14.9.2006.

(iii) This Hon'ble Tribunal vide order dated 28.11.2019 passed in OA No.840/2019 (Ayush Garg V/s. UOI & Ors.) filed against M/s Om Chem, Yamuna Nagar, Haryana, passed the following directions:

"3. Without commenting upon the issue of proceedings before the Appellate Authority on the subject of `Consent to Establish, the action could certainly be taken for absence of EC by SEIAA under the Environment (Protection) Act, 1986. Regional Officer of MoEF&CC at Chandigarh or SEIAA or CPCB can certainly exercise jurisdiction under Section 5 of the Environment (Protection) Act, 1986 for stopping illegal operation of manufacturing activities in violation of requirement of EC forthwith. Let such action be taken in accordance with law. Let SEIAA, Haryana furnish an action taken report in the matter within one month after coordinating with concerned authorities by e-mail at [email protected]."

(iv) In view of the aforesaid order of this Hon'ble Tribunal, show cause notice was issued to all similarly situated Units including unit in question also. Further, the Chairman, Haryana State Pollution Control Board, recommended the closure directions under Section 5 of the Environment Protection Act, 1986. Finally, closure order dated 6.8.2020 was issued by the Secretary, Govt. of Haryana, Environment and Climate Change Department. Copy of Closure Order dated 6.8.2020 passed by Secretary, Govt. of Haryana, Environment and Climate Change Department is annexed herewith as ANNEXURE R-2. The plant and machinery of the unit were sealed on 17.9.2020.

(v) The Haryana State Pollution Control Board vide order dated 25.9.2020 revoked/cancelled the consent granted to the unit in question.

(vi) A  representation  was  received  from  all  Haryana formaldehyde manufacturing association, Yamuna Nagar dated 23.10.2020 addressed to Addl. Chief Secretary to Govt. of Haryana, Department of Environment and Climate Change, Chandigarh requesting to allow such formaldehyde units to operate and give sufficient time reasonable to obtain the Environmental clearance form MoEF&CC and SEIAA on the basis of parity that same decision was taken by State of Rajasthan in similar case. Keeping in view all relevant facts, Govt. of Haryana vide order dated 10.11.2020 decided to allow these units to continue their operation for a period of 6 months without invoking any legal action against the procedural laps occurred, with the condition that these units will apply for environmental clearance within a period of 60 days from the date of issuance of this communication.

After expiry of this six months period, the unit was re-sealed on 19.5.2021.

( vii) OA No.287/2020 (Dastak NGO V/s Synochem Organics Pvt. Ltd. & Ors.) was filed challenging order dated 10.11.2020 passed by the Govt. of Haryana. One more Original Application No.298/2020 (Vineet Nagar V/s. CGWA & Ors.) filed before this Hon'ble Tribunal against operation of industrial units of the private Respondents in the State of Haryana, Rajasthan, UP and Punjab manufacturing formaldehyde and its different resins without requisite environmental clearance. These three Original Applications were disposed of vide respective orders dated 3.6.2021. This Hon'ble Tribunal held that such units cannot be permitted to run without obtaining Environment Clearance. Copy of orders dated 3.6.2021 passed in OA No.840/2019, OA No.287/2020 and OA No.298/2020 are annexure herewith as ANNEXURE R-3, ANNEXURE R-4 and ANNEXURE R-5 respectively.

(viii) Some formaldehydes units including the unit in question have challenged the order(s) dated 03.6.2021 passed by this Hon'ble Tribunal by way of their respective Civil Appeals. The unit in question has filed Civil Appeal No.4908/2021. The case status as updated on website of Hon'ble Supreme Court of India is annexed herewith as ANNEXURE R-6. The Hon’ble Supreme Court vide order dated 23.08.2021 has stayed the orders passed by this Hon'ble Tribunal and challenged in said Appeal. Copy of order dated 23.8.2021 passed by Hon'ble Supreme Court of India in CA No.4908/2021 is annexed herewith as ANNEXURE R-7.

That the unit has applied for Environment Clearance before the MoEF &CC and same is pending for consideration. The Haryana State Pollution Control Board will not grant consent to the unit in question without obtaining Environment Clearance by the Unit.

That the partners of the unit have submitted an affidavit dated 16.8.2022 explaining the process involved during operation of the unit. Further, it has been undertaken that they will operate the plant only after getting Environment Clearance and CTO and in compliance of various conditions of Environment Clearance and in compliance of applicable Environmental Laws. Copy of affidavit dated 16.8.2022 is annexed herewith as ANNEXURE R-8.

That the Haryana State Pollution Control Board will not permit the Unit to run without obtaining Environment Clearance from the MoEF &CC and Consent to Operate from the Board.

The Haryana State Pollution Control Board has filed prosecution case for past violations made by the Unit in question before Special Environmental Court, Kurukshetra, Haryana, on 25. 5.2022.

The report is submitted for kind consideration please. It is undertaken to comply with the directions passed by Hon'ble Tribunal.”

In view of the observations and recommendations made in the report of the Joint Committee and undertaking given by the Haryana State Pollution Control Board that it will not permit the Unit to run without obtaining Environment Clearance from the MoEF &CC and Consent to Operate from the Board, we are of the view that no further intervention by this Tribunal at this stage is required and the application is disposed of accordingly.

However, in case the applicants have any grievance at any subsequent stage they shall be at liberty to move this Tribunal again for further directions in the matter.

A copy of this order be sent to the applicants through Mr. Ashok Kumar for information by Post at the addressed mentioned on the envelop.