Judgment of the National Green Tribunal in the matter of Shalbjit Singh Vs Punjab State Pollution Control Board & Others dated 21/11/2024.

A letter petition dated November 5, 2022 was sent by Shalabhjeet Singh, resident of village Haibatpur, tehsil Derabassi, district SAS Nagar, Mohali complaining that M/s Nectar Life Sciences Limited is a pharmaceutical unit at village Haibatpur, tehsil Derabassi, District SAS Nagar, Mohali. It is discharging highly polluted chemical effluent in the agricultural field of the village, causing damage to crops and land.

Complaint was supported with certain photographs showing discharge of polluted effluents in open fields causing damage to land, soil and environment. The NGT imposed an interim environmental compensation of Rs 5 crores upon Nectar Life Sciences Limited which should be paid/deposited by it with Punjab State Pollution Control Board (PSPCB) within 2 months.

The court also directed PSPCB to determine final amount of environmental compensation after collecting information with regard to turn over from the proponent of the respective year when the violations have been found and to impose environmental compensation for such period separately after due opportunity of hearing to the proponent. This exercise should also be completed within two months.

The amount of interim compensation as directed should be adjusted in the final amount of environmental compensation which should be determined and computed by the PSPCB. The amount of interim environmental compensation/ final environmental compensation should be utilised for remediation/rejuvenation/restoration of damaged environment in the area concerned on the basis of a restoration plan which shall be prepared by Joint Committee comprising PSPCB; CPCB; and, District Magistrate, SAS Nagar, Mohali who would prepare the plan within 2 months and execute the same within 3 months after realisation/recovery/deposit of environmental compensation as directed.

PSPCB was also directed to make a periodical inspection commencing from first week of December 2024 for the next 6 months of proponent’s unit to ensure strict compliance of environmental laws on the part of proponent. If it is found that proponent is still violating environmental laws, PSPCB would exercise of its power of issuing directions with regard to closure of the industry till it prepares itself to comply with environmental laws particularly, Water Act, 1974, Air Act, 1981 and EP Act, 1986.