The Supreme Court on Wednesday entrusted the National Green Tribunal (NGT) with the task of closing down industries polluting the Ganga which fail to install adequate anti-pollution measures to treat industrial effluents by March next year.
A bench of Justices T S Thakur, Adarsh Goel and R Banumathi passed this order following the failure of statutory agencies like Central Pollution Control Board (CPCB) and state pollution control boards (SPCBs) to implement SC orders passed over the last 30 years to reduce pollutants in the Ganga.
It told the statutory bodies tasked with monitoring environment pollution that they were a complete disaster. “The CPCB has failed completely. It is very frustrating. You needed to stand up to the people with money power to enforce environment laws,” the bench said.
The court recalled that on July 23, 1993, on the basis of information provided by various authorities in Ganga basin states, several categories of grossly polluting industries were identified. Some were directed to be closed and others were ordered to install adequate anti-pollution measures.
In response to its September 17, 1993 order, the Centre had filed an affidavit identifying 68 grossly polluting industries but till date, there was no information from CPCB or state pollution control boards whether these industries were shut down.
The bench said, “CPCB counsel Vijay Panjwani is unable to tell us whether any action plan has been submitted by the grossly polluting industries pursuant to the directions issued by the board. There are no counsel appearing for the state pollution control boards.
“We are sorry to say that notwithstanding the intervention of the court, the monitoring and the efforts put by us for last 30 years has led to no fruitful results so far except shutting down of some industries. This is largely because implementation of the court’s orders remained in the hands of pollution control boards which did not take appropriate steps, displaying total lack of efforts.”
Solicitor general Ranjit Kumar pointed to a recent NGT order imposing a penalty of Rs 5 crore on a sugar mill in UP for discharging untreated effluents into Ganga and also issuing notice to UPPCB officials to show cause why action be not initiated against them for failing to take timely action against the polluting industry.
Impressed by the NGT’s functioning, the bench said the tribunal, as an expert panel in the environment field, would be in a much better position to monitor steps taken by various authorities relating to polluting industries.
It said from now, the NGT would deal with grossly and highly polluting industries which are discharging untreated effluents into Ganga and take appropriate measures. “We will retain the rest of the matters, especially those relating to discharge of untreated sewage from municipalities and towns in Ganga basin states,” the bench said. It asked the NGT to file six-monthly status reports on action against polluting industries.
