NGT imposes Rs 25 cr fine on Hindustan Zinc, others for environmental norms violation in Udaipur

New Delhi [India], February 7 : The National Green Tribunal (NGT) has imposed the penalty of Rs 25 crore on Hindustan Zinc Ltd and others for alleged violations/damage of environmental norms by Hindustan Zinc Ltd. in Udaipur, Rajasthan.
The direction came while hearing various applications stating that the project proponent has caused extensive damage and has violated environmental conditions and other norms.
The bench headed by Tribunal Chief Justice Adarsh Kumar Goel in an order passed on February 2, 2022, said, having regard to the violations/damage by the Project Proponent (PP) and overall estimated cost of ecological rehabilitation, restoration, and financial capacity of the PP, we require the PP to deposit a sum of Rs 25 crores with the District Magistrate, Bhilwada within three months to meet the cost of remediation measures.
Tribunal also said that a joint Committee of CPCB, State PCB and District Magistrate, Bhilwada with the assistance of any other experts may prepare a restoration plan for remediating the soil and quality of groundwater in the area, apart from undertaking a health improvement programme for the inhabitants and the cattle.
The NGT further noted that the Committee has failed to consider the precautionary principle of the environment and on that basis, ignored serious violations and damage to water and land.
"It has not gone into damage to health by simply referring to record of hospital admissions. While the recommendations for plantation, further studies for remedial action in other measures like de-siltation and increase of water sprinklers may certainly be undertaken, in view of the damage to the quality of groundwater resources that has an adverse impact on soil, the PP has to take necessary restoration measures for improvement of water quality as well as soil."
"Violation of plantation conditions has continued for a long period. Merely requiring the cost of the plantation to be deposited without fixing the accountability for the past violations may not be adequate. Environmental law violations cannot be taken lightly when the violators are being entities like the present PP and victims are poor villagers," the NGT said.
The Counsel for the PP/Hindustan Zinc Ltd submitted that the monitory value cost of the plantation assessed by the Committee will be deposited by the PP and steps will be taken to increase the plantations as per EC conditions.
The PP will also undertake further studies as suggested and ensure de-siltation of the tailing dam, garland dam and increase water sprinklers to curtail fugitive emissions. No further remedial action is required as the PP is not responsible for damage to the environment or health or fertility of soil or groundwater.
According to Counsel for the applicants/petitioners, the PP has caused extensive damage and has violated EC conditions and other norms. Applicants also alleged that the concerned Committee has noted some of the violations but has erroneously ignored some of the violations and thus recommendations made do not fully remedy the wrong caused in the process of the PP.
"There is damage to the wells, pits, loss to agriculture produce, livestock, contamination of groundwater and land degradation which has not been fully appreciated on the wrong assumption that clear proof of industrial activity is responsible for the damage is required," the applicants alleged.