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Judgment
This application has been filed in a decided matter for further directions. The matter was disposed of vide order dated 18.05.2022. The issue considered related to violation of environmental norms by Surendra Motors, House No. 03, Shubham Vihar near Gurukul Mahavidyalaya By-pass Road, Jwalapur, Haridwar in operating motor repair workshop. The Tribunal considered the status report dated 17.05.2022 filed by the State PCB and held that the State PCB had taken a contradictory stand. On the one hand, it was stated that there was absence of consent and the unit was closed on that ground and on the other, it was stated that the unit was compliant. Accordingly, the Tribunal directed the Chief Secretary, Uttarakhand to look into the matter and take remedial action. Operative part of the order is reproduced below:-
“
We find no reason why the PCB has taken contradictory stands before the Tribunal. First its stand was that the unit was non compliant in absence of consent and was closed and compensation levied. On the ground, it was allowed to continue and even compensation was not recovered. Now it is stated that the electricity has been disconnected and unit closed as it was found non compliant. At the same time, orally it is stated that the unit was compliant and was therefore allowed to continue. In view of irreconcilable stands, we find it difficult to brush aside the allegation of collusion and deliberately misleading the Tribunal. Position of Member Secretary, State PCB is of great trust and it is unfortunate that encumbent of such post should display such conduct. We place on record our disapproval for such conduct.
Even though this Tribunal itself can take stringent coercive measures against such unlawful and undesirable conduct of the Member Secretary of the PCB, we consider it appropriate to direct the Chief Secretary, Uttarakhand to look into the conduct of the Member Secretary and take such further action as found appropriate, as per law, so that important posts are manned by people who are above board in dealing with Tribunal. Needless to say that Environmental good governance is need of the citizens.”
In the present application, it is stated that the unit has been de-sealed.
Once the Tribunal has dealt with the matter and directed the Chief Secretary to look into the compliance part, if the unit has been de-sealed without compliance, the applicant has to take up the matter with concerned authority first and if the cause of action survives, take appropriate remedies as per law.
The present application inter alia prays for action under Section 26 of the NGT Act, for imprisonment which requires trial under Section 30 by the Trial Magistrate. This power is not available with the Tribunal.
The Application is disposed of accordingly.