The National Green Tribunal has directed the Uttar Pradesh pollution control board to submit a report on a plea against "ineffective" mechanism by which it gives or renews consent to operate to industries in over-exploited, critical and semi-critical areas.
A bench headed by NGT Chairperson Justice Adarsh Kumar Goel asked the state pollution control board to submit the report before March 13.
The tribunal was hearing a plea filed by journalist Shailesh Singh contending that UPPCB, while granting the consent to operate under the Water (Prevention and Control of Pollution) Act, 1974, has imposed a specific condition on the industries to provide the NOC to extract ground water from the Central Ground Water Authority (CGWA).
"In some cases, the UPPCB has provided specific time period, like two months or three months, to the industries for complying with the specific condition (to provide the NOC to extract ground water from CGWA) but, however, in some cases the board has not even bothered to provide any fixed time period to comply with the specific condition," the plea said.
The petition alleged that the UPPCB has never bothered to ensure that the specific condition of the consent to operate issued under the Water Act has been complied by the industries, even in Over-exploited, Critical and Semi-critical (OCS) areas
The plea alleged the UPPCB and the Central Pollution Control Board have not even bothered to conduct inspections of the violating industries even in the over-exploited, critical and semi critical areas so as to determine the quantum of environmental compensation to be levied for the illegal abstraction of ground water.
"UPPCB has never bothered to ensure that the specific condition of the consent to operate issued under the Water Act i.e. to provide the NOC to extract ground water from the Central Ground Water Authority has been complied by the industries, even in critical and semi critical areas," the plea, filed through advocate Preeti Singh, said.
It said the UPPCB must invoke 'Precautionary' principle and not to grant or renew consent to operate to such industries, which may extract ground water, by a mechanical condition of NOC being later obtained from the CGWA.
"The UPPCB must invoke 'Precautionary' principle and not grant or renew consent to operate to such industries, which may extract ground water, by a mechanical condition of NOC being later obtained from the CGWA. Either NOC should be available in advance or there should be clear possibility of such NOC being granted on account of availability of sufficient groundwater for extraction, which must be assessed in advance," the plea said.
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