SC endorses ‘proactive’ NGT

NEW DELHI: There may be many who are uncomfortable with the National Green Tribunal's proactive approach to protecting environment, be it stopping work on housing projects or banning 10-year-old diesel vehicles, but the Supreme Court on Monday endorsed the NGT's drive to give succour to people from pollution.

Court corridors are abuzz with murmurs that the NGT was passing orders giving a go-by to procedures and was overzealously enforcing them, but a bench of Chief Justice H L Dattu and Justice Arun Misra said, "The green tribunals are in reality reacting to the need of the people today."

The bench dismissed an appeal by Rajasthan State Industrial Development and Investment Corporation (RIICO), which had challenged an NGT order directing it to bear majority cost of setting up a common effluent treatment plant (CETP) at the textile industry hub in Jodhpur.

Appearing for RIICO, senior advocate Dhruv Mehta told the bench that the green tribunal had passed the order without even making RIICO a party to the proceedings. He said the tribunal also ignored the scheme for establishment of CETP, whereby the central government bears 50% cost of the plant, state government 25% and members of the industrial area the rest.

Mehta said as RIICO, the land owning agency which had allotted plots to textile industrial units, was giving the land for setting up the CETP free of cost, it should not be saddled with the major portion of the cost of the effluent treatment plant.

He said the tribunal had directed industrial units to contribute Rs 5 lakh each which totalled around Rs 13 crore in this case. A new CETP would cost around Rs 190 crore while upgrade would cost Rs 127 crore, he added.

But the apex court was not willing to entertain RIICO's appeal and delay setting up of the CETP. "No one will be allowed to harm the environment. The tribunal found that these textile units were heavily polluting the ground water. Can they be permitted to do whatever with the environment? It is the responsibility of the land owning agency, which allots plots for establishment of industrial units, to ensure that no activity is carried out which is harmful to environment. Either you (RIICO) pay for setting up of the CETP or pass on the cost to the industrial units operating there," the bench said.

When Mehta continued to argue that RIICO was not shying away from its responsibility but seeking an equitable distribution of the CETP cost, the bench said, "Accept your responsibility and accept the tribunal's order." It dismissed the appeal.

http://ift.tt/1kuDWdc Court,NGT’s drive,National Green Tribunal,diesel vehicles

Stay updated on the go with Times of India News App. Click here to download it for your device.