Steel pickling units cannot be allowed in residential areas as they fall under the prohibited list of industrial activity under the Master Plan 2021, the National Green Tribunal has said while dismissing review pleas filed by the Delhi government and the polluting industries.
It is difficult to accept the review applications since the pickling industries were prohibited by the Master Plan 2021 which had not been amended and the Delhi government had no power to permit such activities in violation of the Plan, NGT said.
"There was no study warranting amendment of the Master Plan 2021. The area was polluted and huge amount of hazardous waste had already been generated which was not being scientifically disposed of. The pollution was harming environment, including Yamuna river and the public health," the tribunal said.
Stressing that no industry has a right to cause pollution, NGT directed an expert committee, comprising representatives of Central Pollution Control Board, National Environmental Engineering Research Institute and IIT Roorkee, to assess the extent of damage to the environment from June 27, 2008 -- five years before the filing of the plea seeking closure of these units.
The Terms of Reference for such assessment would include the cost of restoration involved, cost of damage caused and deterrent element, it said.
"We are conscious that the industries under the order of the Delhi High Court dated November 11, 2013 were to be closed from September 22, 2016 on account of the said date being the date of enforcement of Master Plan 2021 but even a lawfully operating industry is not exempted from liability for causing pollution," it said.
In its order uploaded Tuesday, the NGT said: "Even if Master Plan, 2021 amendment may be later, there is no right to cause pollution by an industry, in view of statutory provisions of Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981. On that basis, the regulatory authorities are to take further action in accordance with law for recovering the compensation after identifying the polluters and following the above procedure. Compensation may be assessed following the formula evolved by the CPCB."