Krishan Lal Gera vs State of Haryana & Ors

This appeal was preferred against Environmental Clearance dated 14.11.2014 for proposed expansion of the institutional project “Deenbandhu Chottu Ram University of Science & Technology” at Murthal, Sonepat, Haryana by M/s International Foundation for Research & Education.

The appeal was decided vide order dated 25.08.2015 as follows:-

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In view of the above position of law, the applicant would be entitled to partial acceptance of the appeal, since the Project Proponent may not be directed to demolish the structure at this stage, but, shall strictly comply with the directions that we propose to pass in the present case. The scope and ambit of such directions has to be in terms of the Act of 1986 circumscribed by the statutory jurisdiction of this Tribunal. Upon detailed discussion of the laws in force, the Tribunal in the case of S.P. Muthuraman (supra) has clearly held that such directions can be issued by the Tribunal. Admittedly, the hospital has not started functioning as of now. Thus, compliance to the directions would be a condition precedent before it is permitted to function under these proceedings or by any other authority.

Normally, where an impugned order is set aside, the Tribunal would send the case for re-examination or passing of an order afresh in accordance with law to the same authority. However, since we have recorded definite findings that the orders of the authorities are arbitrary, without application of mind, contrary to law and the authorities have not only acted with undue haste, but, in fact, their entire approach was casual and they having abrogated their entire functions, it would neither be appropriate nor in the interest of justice that the matter be remanded back to the said authorities. Thus, we hereby, prefer to constitute an independent committee to ensure that the Project Proponent shall adhere to the laws in force, Act of 1986, the Environment (Protection) Rules, 1986 and the Notification of 2006, as the personal and commercial interest of the Project Proponent cannot be permitted to over-ride the public interest and environment and ecology of the area.

For the reasons afore-recorded, we pass the following directions:

We hold and declare that the minutes of the 77th meeting of SEIAA dated 14th November, 2014 and the impugned order granting Environmental Clearance dated 26th November, 2014 are liable to be set aside and quashed, which we do hereby quash

Super-Specialty Hospital started by respondent no. 9 and 10 or any of them, would not carry on any activity in the entire premises till otherwise ordered by the Tribunal. If any activity or any act whatsoever is carried out in the entire premises, SEIAA and the HSPCB are directed to seal the premises without any further delay.

In the peculiar circumstances of the case, we would prefer the independent committee to examine the entire matter de novo and require the committee to inspect the site and make recommendations to ensure that the Project Proponent complies with all the relevant laws in force, particularly in relation to the protection of Environment and Ecology and also prevention and control of water and air pollution.

We hereby constitute the committee of the following:

Secretary, Environment, Government, State of Haryana.

Member Secretary, Central Pollution Control Board.

Senior Scientist from MoEF.

Senior Scientist from C.P.C.B.

Prof. from Delhi Technological University (Department of Environmental Engineering)

Chairman, SEAC, State of Haryana that made the recommendations.

Chief Engineer of the Municipal Corporation of Faridabad.

Chief Engineer of HUDA.

The Member Secretary, Central Pollution Control Board shall be the nodal officer.

a. The above committee shall inspect the hospital and the Harijan Residential School and submit a comprehensive report to the Tribunal.

b. The comprehensive report shall relate to illegal and unauthorized construction activities carried out by the Project Proponent.

c. The report shall state whether the Project Proponent has all anti-pollution devices in place or not.

d. The report shall state whether the Project Proponent has requisite permission and is capable of dealing with Hazardous Waste, Municipal Solid Waste, Bio-Medical Waste and all restrictions in relation to water and air pollution in their premises.

e. The committee shall further report if the conditions stated in various permissions granted to the Project Proponent have been strictly complied with or not.

f. The committee shall in their report specifically notice whether the conditions which were imposed by SEAC/SEIAA for grant of Environment Clearance have been followed and completely complied with or not.

g. The report shall state the source of water for the project and whether the Project Proponent has permission from the Central Ground Water Authority for the same or not.

h. The report shall state the status with regard to regulating and reutilizing the effluents that are released from the premises.

i. The report shall state the extent of compensation which the Project Proponent should be called upon to pay finally for restoration and rectification of the environmental damages resulting from various breaches committed by the Project Proponent. It would also recommend, if any part of the property is required to be demolished in the interest of environment. In the event, the Project Proponent has adversely affected any water bodies, drainage, low lying areas and any other part of the plot or adjacent area covered by the Project Proponent, the measures that should be taken in that regard to restore the same shall also be stated.

j. The committee will also report as to what are the hygiene standards, measures undertaken for environmental protection, discharge of sewage, domestic waste and other effluents from the Harijan Residential School and how it is treated and discharged, with its complete functioning. The Committee shall also examine the environmental and other adverse impacts or otherwise, of running of a Super Specialty Hospital, on the Harijan Residential School.

k. The committee shall report what measures and recommendations the committee would make in relation to any or all of the above directions.

l. The report shall be submitted to the Tribunal within 45 days of the pronouncement of this Judgment.

m. The registry shall place the said report before the Tribunal.

The Tribunal, after submission of the report would pass any further directions if necessary, in this case. We make it clear that the Project Proponent would not carry any activity without specific orders of the Tribunal.

The Project Proponent shall initially pay environmental compensation of Rs.6.8855 crores, being 5% of the total cost of the project, i.e., Rs.137.71 crores, as admitted by the Project Proponent itself, for restoration and restitution of the environment damaged and degraded by the Project Proponent and in addition to this, he shall also pay a sum of Rupees Five Crores (Rs.5,00,00,000/-) for violating the law by starting and completing the project without obtaining Environmental Clearance, establishing a unit without consent and authorization from the Board and for all the above violations and defaults committed by the Project Proponent. This will be in consonance with the dictum of Hon’ble Supreme Court of India in the case of Sterlite Industries (India) Ltd. v. Tamil Nadu PCB & Ors., JT 2013 (4) SC 388 and judgment of the Tribunal in the case of S.P. Muthuraman(supra).

We direct the Chief Secretary, State of Haryana to conduct an enquiry and fix the responsibility of the Officers and officials concerned with the entire process in light of this Judgment of the Tribunal.”

In view of above, to consider the report of the Committee, the matter was taken up on 19.10.2015. It was seen that the PP had filed Civil Appeal No. 6896/2015 before the Hon’ble Supreme Court on which vide order dated 14.09.2015 operation of judgment of this Tribunal was stayed. The matter was adjourned sine die and has been taken up today for further consideration.

Learned Counsel for the PP points out that subsequent to the last hearing, further order dated 30.10.2017 has been passed by the Hon’ble Supreme Court, modifying earlier interim order dated 14.09.2015. It has been now directed that the Committee, constituted by this Tribunal, will now give its report to the Hon’ble Supreme Court in terms of the said order.

In view of above, nothing remains to be considered by the Tribunal. Hence, it will be appropriate to treat the proceedings as closed.

Ordered accordingly.