Order of the National Green Tribunal in the matter of Madan Pal Singh & Others Vs Uttar Pradesh State Pollution Control Board & Others dated 08/06/2021.

A report was sought from the UP Pollution Control Board and the District Magistrate, Mahoba with reference to the allegation of violation of environmental norms by operation of stone crushers run by M/s Prayag Raj Granite, M/s Paras Granite, M/s Krishna Granite Works, M/s R.B. Associate, M/s Arihant Granite and M/s Ravi Granite in Mahoba.

The matter was last considered on July 27, 2020 in the light of report filed by the State PCB in the matter of assessment of compensation against the polluting units. The applicant raised objections against the adequacy of compensation. The Tribunal constituted a joint Committee comprising the Central Pollution Control Board (CPCB), State PCB and District Magistrate, Mahoba to look into the matter and revise the compensation.

In pursuance of the above, a report was filed on January 18, 2021. In the report, the compensation has been revised - holding that the stone crushers were operating without requisite air pollution control systems. Even though violations have been found for more than ten years, compensation has been assessed for five years by the Joint Committee. Continuing violation for such a long time as ten years shows failure of the monitoring by the statutory authorities or collusion in law violation which needs to be looked into and remedial action taken at appropriate higher level in the government, the NGT said. The joint Committee had determined the compensation for the 5 stone crushers, which totalled Rs. 6,41,80,750.

The court directed the State PCB and District Magistrate, Mahoba to proceed further for recovery of compensation in accordance with law. The recovered amount should be utilized for restoration of the environment of the area, by preparing an action plan with timelines and all details jointly by the State PCB and District Magistrate, Mahoba, the order said.