The National Green Tribunal has junked a plea by a Haryana-based industrial unit seeking review of an order directing the State Pollution Control Board to shut it down for causing air pollution, and said the right of inhabitants to a clean environment cannot be defeated.
A Bench headed by NGT Chairperson Justice Adarsh Kumar Goel said the unit was functioning in violation of consent conditions and parameters of air quality as found by an expert committee.
The green panel refused to agree with the industrial unit’s submission that permission given to it was for 10 years, not from July 30, 2008 but from the date of setting up in 2012, and to this extent there is an error in the order.
“Thus, right to continue for 10 years being not unconditional and absolute cannot be asserted. The right of the inhabitants to clean environment cannot be defeated on this plea. Thus, even if it is to be accepted that permission of 10 years from the date of establishment which is still not over, we do not find any merit in the review application,” the Bench said. However, the applicant unit is at liberty to approach the pollution control board for seeking time for shifting. This may be considered by the State Pollution Control Board on its own merits, it said.
The tribunal was hearing a plea filed by SSF Polymers Ltd seeking review of the NGT order dated September 29 directing the State Pollution Control Board to take action against the unit for causing pollution.
The NGT in its order had said the right of the inhabitants in the residential area to clean environment cannot be defeated by any permission and no industrial polluting activity can be permitted in a residential zone.
