THE STATE GOVERNMENT HAS NO POWER TO EXEMPT ANY INDUSTRIAL UNIT TO FUNCTION WITH PRIOR ENVIRONMENTAL CLEARANCE

The National Green Tribunal was hearing a matter quashing of the order of the State of Haryana allowing manufacturers of formaldehyde for six months without prior environmental clearance from the concerned authority.

The applicant submits that the State has no jurisdiction to exempt the required EC or allow manufacturers to function without EC on payment of compensation. The Applicant also referred to and emphasised an SC case, "Alembic Chemicals v Rohit Prajapati & Ors," where the Hon’ble Supreme Court has clarified that prior EC requirement cannot be dispensed with.

It is further stated that the industries are using groundwater of approximately 6 Lakhs litres per day without requisite permission of the Ground Water Authority. No requisite safety measures have been allotted. There have been incidents of destruction to the crops, soil and groundwater for which no sufficient compensation has been obtained.  

The NGT held that prior to EC, it's a statutory mandate, the same must have complied with. The State has no power to exempt an Industrial unit from the required EC. Therefore, the concerned authorities are free to take appropriate action in accordance with the polluter pays principle, following due process. 

Author: Papiha Ghoshal