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Judgment
This Application seeks execution of order of this Tribunal dated 06.04.2022 in O.A No. 136/2020. The issue considered by the Tribunal in the said order was compliance of environmental norms by the pharma units in Himachal Pradesh in discharging antibiotics residue in Sirsa River, to the detriment of the environment and public health.
The Tribunal found that there were non-compliances by the industries, adversely affecting the environment and public health. Till standards are finalized by MoEF&CC, standards notified in draft Notification dated 23.01.2020 issued on the basis of expert Committee be followed. Operative part of the order is reproduced below:-
“OA 136/2020
As regards the issue of pharma industries, we have noted the draft Notification dated 23.01.2020 as well as final Notification dated 06.08.2021 and also the stand of the parties that the standards proposed in the draft notification have yet to be finalized, except and to the extent of those mentioned in the Notification dated 06.08.2021.Draft standards were formulated and notified on 23.1.2020 i.e. more than two years ago, based on study by the experts. Regulatory mechanism is such important issues cannot remain in abeyance for indefinite period on the ground that the MoEF&CC is unable to finalise the draft standards even after two years. In view of serious consequences of unregulated discharge of API residue to the detriment of environment and public health, we consider it appropriate to direct under Section 15(1) of the NGT Act that pending finalisation by the MoEF&CC, standards proposed in the draft Notification dated 23.01.2020, which are based on expert studies, be strictly followed by all concerned. It is also necessary to abide by the guidelines of CPCB circulated on 31.1.2022, quoted above in the matter of standards and methodology on the subject. The State PCB may take further action accordingly to prevent and remedy the situation of unregulated discharge of harmful pollutants of pharma industries in the rivers.
CPCB may coordinate with the State PCBs to strengthen monitoring of API and assess Predicted No-Effect Concentration(PNEC) values. ETPs and CETPs may be upgraded to control the discharge of active ingredient. Ambient monitoring of recipient aquatic resources like rivers, lakes, ground water and other environmental entities be monitored, if necessary, with the assistance of institutions of repute. CPCB and PCBs may intensify monitoring of micro pollutants by regular vigilance.”
Vide order dated 24.05.2022, the Tribunal dismissed the Review Application filed by the MoEF&CC as follows:-
“
In the review application stand of the MoEF&CC is that since the standards in the draft Notification have not been included in the final Notification,order of this Tribunal is not called for. We do not find any merit in the review application. The issue in question was duly considered and rehearing cannot be allowed in the guise of a review application. Jurisdiction of this Tribunal is not dependent on MoEF&CC’s decision alone. To enforce sustainable development under section 20 of the NGT Act, direction under section 15 can be issued even beyond the decision of the MoEF&CC, as held inter alia in Mantri Techzone, (2019) 18 SCC 494, prs 41-42.”
According to the applicant, the violations are still continuing and the MoEF&CC has not taken any action for finalizing the standards.
Accordingly, we direct the MoEF&CC and the State PCB to look into the matter and take further remedial measures in accordance with law. If any non-compliance continues, it will be open to applicant to take remedies under section 30 of the NGT Act for prosecution for offence under section 26 of the NGT Act, 2010 before the concerned Area Magistrate.
The Application is disposed of.
A copy of this order be forwarded to the MoEF&CCC, H.P State PCB, CPCB and Project Proponents - Acme Life Science, Nalagarh and Helios Pharmaceuticals, Malpur, H.P by email for compliance.