The National Green Tribunal has said industries cannot operate without prior environment clearance (EC) and State has no power to exempt the requirement.
"Without prior EC, the units cannot be allowed to operate. The State has no power to exempt the requirement of prior EC or to allow the units to function without EC on payment of compensation. Since prior EC is statutory mandate, the same must be complied," the Green Bench observed.
The Principal Bench of the NGT headed by its chairperson Justice Adarsh Kumar Goel made this observation while hearing a petition by an NGO.
NGO Dastak sought quashing of the order of the Haryana Government allowing manufacturers of formaldehyde to operate for six months without the clearance, subject to making application for it within 60 days.
The NGO submitted that requirement of prior EC is mandatory and the State has no power to exempt the same.
"Prior EC is required under Environmental Impact Assessment Notification dated September 14, 2006 and there is no justification to permit function of such units in violation of mandate of the law," the bench said.
For past violations, the concerned authorities are free to take appropriate action in accordance with polluter pays principle, following due process, the Green Bench said.
Published 07 June 2021, 18:05 IST
