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."
A bench headed by NGT Chairperson Justice Adarsh Kumar Goel noted that an inspection in January and February as well as earlier inspections show that Wazirpur area is highly polluted and has no carrying capacity to allow any further polluting activity.
Action to stop polluting activities needs to be taken to enforce the 'Precautionary' and 'Sustainable Development' principles and compensation recovered on 'Polluter Pays' principle, it said.
The NGT directed that the report of the expert committee may be put on the website of CPCB within three months and the oversight committee headed by Justice Pratibha Rani, former judge of Delhi High Court may furnish its final report setting out its recommendations cumulatively at one place in a tabular form on or before October 31.
"After the report is submitted, the Delhi chief secretary may suggest such alternative monitoring mechanism for the purpose," the tribunal said while posting the matter for further consideration on November 19.
Earlier the NGT had fined the Delhi government Rs 50 crore for its "failure" to take action against steel pickling units in residential areas as they fall under the prohibited list of industrial activity.
The order had come on a plea filed by an NGO, the All India Lokadhikar Sangthan, seeking the execution of its order by which the green panel had directed the Delhi Pollution Control Committee (DPCC) to take action against stainless steel pickling industries in residential areas as they fall under the prohibited list of industrial activity as per the Delhi Master Plan, 2021.
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