Order of the National Green Tribunal in the matter of Sumit Kumar Vs State of Himachal Pradesh & Others dated 16/07/2020. VThe issue for consideration is the regulation and control of use of Pet-coke and furnace oil (FO) as fuel to prevent damage to environment and public health.

The NGT in its previous order had said that in view of established adverse impact of use of Petcoke and furnace oil by the industries, prohibition of its use may need consideration on ‘Precautionary’ principle as well as ‘Sustainable Development’ principle statutorily recognised under the National Green Tribunal Act, 2010, the industries may have to switch over to alternatives and cleaner fuels. The court had said that air quality in many of the locations in India was not of prescribed quality and as many as 102 cities have been identified as “non-attainment cities”. Thus, it is important that any measure which is helpful in controlling air pollution must be preferred to the extent viable.

In response to it, compliance report has been filed by the CPCB July 14, 2020 which contained the summary of action taken reports from 27 States/UTs.

The Tribunal found some of the reports of the States/UTs as being contrary to the orders of the NGT and said that those reports which are non-compliant with the orders of the Tribunal would be rejected. The CPCB has been directed to file an action taken report on the matter within four months.