NGT slaps Rs 50 crore fine on UP's Amroha metal factory for environmental norms violation
Mar 25, 2022
New Delhi [India], March 25 : The National Green Tribunal (NGT) has imposed a fine of Rs 50 crore on a metal company based in Amroha district of Uttar Pradesh for repeated violation of environmental laws and norms.
The Tribunal has directed the polluting unit to comply with the norms and utilization of fine amounts for the restoration of groundwater. Besides, a joint committee has been constituted for making and implementing the restoration plan.
The bench headed by Justice Adarsh Kumar Goel directed that the M/s CL Gupta Export Private Limited shall deposit environmental compensation of Rs 50 crore with Central Pollution Control Board (CPCB) within two months.
The division of the company, which continue to fail in compliance with environmental norms, shall be closed till requisite steps are taken by the company to comply with the prescribed standard.
The bench further directed that the amount of compensation shall be utilized for the restoration of groundwater, remediation of damage already caused to groundwater. For this purpose, a joint committee comprising CPCB, CGWA, UPPCB, UPGWD and District Collector Amroha has been constituted.
The bench asked the committee to prepare a restoration plan within three months, execute the same in the next six months and submit a compliance report to Registrar General NGT immediately after the expiry of the above period.
The bench has directed the member secretary UPPCB to make an enquiry as to how the company could continue to violate the law and norms for years together and fix the responsibility of the erring officers of UPPCB.
The role of the Regional Officer concerned shall be enquired in particular and appropriate disciplinary action shall be taken against those officers found responsible.
The Enforcement Directorate may examine the matter in the light of the observation made in the judgement along with provisions of the PMLA Act 2002. All the authorities and bodies shall file the compliance report to Registrar General NGT, the bench ordered.
The bench has directed to forward the copy of the order to Chief Secretary, Uttar Pradesh, Director of Enforcement Directorate, CPCB, CGWA, UPPCB, UPGWED, MoEF&CC, Ministry of Jal Shakti and District Magistrate Amroha by email for information and compliance.
The petitioner Adil Ansari had moved a petition against M/s CL Gupta Export Private Ltd., Uttar Pradesh Pollution Control Board (UPPCB), Central Pollution Control Board (CPCB), Central Ground Water Authority (CGWA) and District Magistrate of Amroha.
The petitioner has alleged that the M/s CL Gupta Export Private Limited is a metal industry and in collusion with other respondents namely UPPCB, CPCB, CGWA and District Magistrate Amroha, UP, is by illegal extraction of groundwater and discharge of untreated hazardous effluent wastewater with solid waste into the Kachcha drains which ultimately fall in the river Ram Ganga, a tributary of river Ganga, causing massive pollution and damaging environment.
The petitioner has prayed that the Tribunal should direct the respondent company to stop illegal and unregulated withdrawal of groundwater and discharge of harmful untreated hazardous effluent wastewater and sludge into open drains, direct UPPCB, CPCB and CGWA to take spot inspection of the premises of the company and file a report indicating environmental pollution and degradation caused by him.
He also sought a direction to the company to pay environmental compensation for causing irreparable damage and degradation to the environment, impose heavy cost/penalty/compensation on the company for continued non-restricted, non-regulated over-extraction of groundwater for commercial purpose without the permission of authorities under Principle of Polluter Pays and inter-generational equity and/ or direct Government authorities to make groundwater consumable/usable for local residents.
