Sardar Patel Jan Chetna Education Society vs State of Haryana & Ors

This execution application seeks enforcement of order of this Tribunal dated 31.10.2018 in OA 843/2018, Sardar Patel Jan Chetna Education Society v. State of Haryana & Ors., requiring Directorate of Environment, Haryana to enforce norms for location of stone crushers at specified distance from educational institutions in the State of Haryana. Grievance of the applicant was that against the laid down norms for such distance, stone crushers set up in violation of the environmental norms were being allowed. The Tribunal sought a report from the State PCB. Vide order dated 13.11.2019, a fresh and updated report was sought.

The matter was last considered on 21.07.2020 in the light of report of State PCB dated 15.07.2020 acknowledging that many stone crushers were not meeting the siting norms and some were closed. The Tribunal directed further action for enforcement of environmental norms against stone  crushers  illegally  operating.  The  operative  part  of  the  order  is reproduced below:

"2. Accordingly, the State PCB has filed its report on 15.07.2020 admitting that some stone crushers were not meeting the siting norms laid down on 11.05.2016. Out of 58 such stone crushers, 10 have closed. 39 are now complying and out of remaining 7, 5 have been ordered to be closed while proceedings for closure are pending against 2. It is also mentioned that the Government of Haryana has passed an order on 19.05.2020 granting extension of time to stone crushers not meeting the siting criteria.

We find that the State of Haryana has no jurisdiction to grant time once there is violation of environmental norms. The State is bound by the Public Trust Doctrine to enforce environment norms as such safeguards are part of fundamental right of citizens to life. Once it is so, the State has no discretion to waive compliance only on the plea of avoiding litigation. The said waiver being against the principle of sustainable development, to enforced by this Tribunal under section 20 of the NGT Act, has to be declared non-est. Let further action be taken and compliance report filed 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, the State PCB has filed action taken report dated 06.12.2021 to the effect that action has been initiated against non-complying units but some of them have been granted stay by the High Court and Hon'ble Supreme Court. Relevant extracts from the said report are as follows:-

"8. That in compliance of said order, the stone crushers units and distance being maintained from prescribed siting criteria were examined alongwith requisite Air Pollution Control Measures (APCM) maintained by stone crushers units. The Board initiated action against the non-complying units. 106 numbers of units approached the Hon'ble High Court of Punjab and Haryana against revocation of consent on account of not meeting the siting criteria. Those units have been granted interim protection by the Hon'ble High Court of Punjab and Haryana against action taken by HSPCB. Some units have appealed before the Appellate Authority or Hon'ble Supreme Court of India in respective proceedings and they have been granted interim stay.

That a total 210 number of units were found non-complying as per siting parameters in the entire State of Haryana. Out of those 210 units, 106 units have obtained interim protection/stay order from Hon'ble Supreme Court of India, Hon'ble High Court of Punjab and Haryana and Appellate Authority against action taken by the HSPCB. The consent of remaining 104 units have been revoked/ expired and those units are not being permitted to operate. Further 45 units, found to be non-complying with respect to APCM were closed down by the Board. The details of these are at ANNEXURE R-4. The details of the units, which are not meeting the siting criteria and pursuing remedy against the action taken by the Board and interim order(s) passed is enclosed herewith as ANNEXURE R-S. The details of units not meeting the prescribed siting criteria and whose consent is revoked/ expired and not permitted to run is enclosed herewith as ANNEXURE R-6."

Needless to say that the units in whose favour stay has been granted will be governed by the orders so passed. It is for the applicant to take its remedy in the matter before the said Courts, if so advised. However, the non-complying units in whose favour there is no stay, the State must take for the remedial action, including action against concerned erring officers of Forest and Revenue Departments, who may have given wrong reports when such stone crushers were allowed and for assessment and recovery of compensation for past violations of environmental norms. Wherever compensation has already been assessed, the same may be recovered by taking appropriate coercive measures, in accordance with law.

The Application is disposed of.

I.A. No. 106/2019 also stands disposed of.