Order of the National Green Tribunal in the matter of Pramod Kumar Sharma Vs Uttarakhand Environment Protection & Pollution Control Board & Others dated 18/05/2022.

Proceedings in the matter have arisen from the allegation of violation of environmental norms by Surendra Motors, Jwalapur, Haridwar. The Tribunal had dealt with the matter, December 23, 2020 - wherein the Uttarakhand Pollution Control Board had informed the court that the unit was closed and compensation was being assessed. However, it was alleged that the violations were continuing and the NGT vide December 3, 2021, directed the SPCB to take remedial action and to file an action taken report.

The SPCB filed a status report, May 17, 2022 to the effect that direction has been issued, April 29, 2022 to discontinue power supply of the unit and the District Magistrate asked to recover the compensation.

The applicant in  person stated that even though on papers the electricity is said to have been disconnected, the unit is still operating.

"There is clear collusion of the unit with the concerned officers of the State PCB. The PCB has been misleading this Tribunal with a version that the unit was closed but by collusion allowed it to continue without compliance and payment of compensation earlier assessed," the NGT order said.

The Member Secretary stated that once use of water was stopped, the unit was compliant and was therefore allowed to continue. Contrary to this stand, the report filed is that the unit is non-compliant and has been closed.

The NGT observed that the position of Member Secretary, state PCB is of "great trust and it is unfortunate that encumbent of such post should display such conduct. We place on record our disapproval for such conduct."

The bench of Justices Adarsh Kumar Goel, Sudhir Agarwal and Arun Kumar Tyagi directed the Chief Secretary, Uttarakhand to look into the conduct of the Member Secretary, Uttarakhand Pollution Control Board and ordered that further action be taken as found appropriate, as per law, so that important posts are manned by people who are above board in dealing with the Tribunal.