Order of the National Green Tribunal in the matter of Platinum AAC Blocks Pvt. Ltd. Vs Pollution Control Committee, Daman Diu and Dadra Nagar Haveli & Others dated 23/02/2021.

The application sought execution of orders of the NGT (January 17, 2020, September 14, 2020, and December 9, 2020) - the orders directed the Daman Pollution Control Committee (PCC) to treat fly ash utilisation activity of Platinum AAC Blocks Pvt. Ltd. (applicant) as permissible in view of report of the joint Committee comprising CPCB and the PCC November 27, 2019.

The bench of Justice Adarsh Kumar Goel and Justice Sheo Kumar Singh of the NGT noted that the conduct of Muthamma, IAS, Chairman, Daman Diu & Dadra Nagar Haveli PCC and K. Ravichandran, Member Secretary, Daman Diu & Dadra Nagar Haveli PCC could "hardly be held to be above board" and that their actions amounted to offence under section 26 of the NGT Act and also misconduct calling for disciplinary action for major penalty.

The NGT in its order February 23, 2021 said that "it is a matter of regret that important positions are occupied by officers having no commitment to law, who are acting at whims in utter defiance of law and binding orders of adjudicating authorities". Further, the Supreme Court had laid down norms for appointing Chairman and Member Secretaries of PCBs out of persons qualified for such jobs and that the present incumbents do not meet the said criteria and this aspect must be looked into by the concerned authorities.

The NGT directed both the officers of Daman PCC to pay a cost of Rs.1 lakh each to be deposited with the CPCB. If the cost was not paid, CPCB would be at liberty to take coercive measures for enforcement.