Environment

NGT fines petitioner Rs 1 lakh for wrongly accusing company of improper waste management, wasting court’s time

An expert committee found nothing wrong with the waste treatment plant that was functioning with the necessary environmental approvals

 
By Coovercolly Indresh
Published: Monday 04 March 2024
Photo: Author provided

The National Green Tribunal (NGT) has levied a fine of ₹1 lakh on Umashankar, the former President of Sompura Gram Panchayat, for filing a baseless petition alleging environmental violations by the hazardous waste treatment plant operated by Ramki Enviro Engineers Ltd (REEL) in the Dabaspet industrial area in Tumakur district, Karnataka.  

The order, issued by Justice Pushpa Satyanarayana and judicial member Satyagopal Korlapati of the Chennai bench, comes as a rebuke to Umashankar’s relentless pursuit to shut down the waste treatment unit. The tribunal noted a pattern of personal enmity between Umashankar and the organisation, with Umashankar repeatedly petitioning with various courts and tribunals without merit.  

Upon inspection by an expert committee, it was revealed that the hazardous waste treatment plant had indeed obtained the necessary environmental approvals, contrary to Umashankar’s claims. 

The NGT bench expressed dismay at Umashankar’s misleading information and cautioned against wasting the tribunal’s time with frivolous allegations. Umashankar has been instructed to pay the fine to the Karnataka State Pollution Control Board within four weeks. The tribunal’s decision underscores the importance of ensuring responsible and fact-based environmental activism, rather than pursuing personal vendettas through legal channels.  

Despite the expert committee confirming the plant’s compliance with environmental regulations, Umashankar persisted in his efforts to shut down the unit. The Union Ministry of Environment, Forest and Climate Change (MOEF&CC) also confirmed that the plant had received environmental clearance in 2014, further discrediting Umashankar’s claims.  

In light of these findings, NGT advised Umashankar to refrain from pursuing baseless litigation and to respect the due process of law in addressing environmental concerns. Officials from the Karnataka Waste Management Project (KWMP) and REEL have released a comprehensive response addressing concerns raised regarding the environmental clearance process for the Common Hazardous Waste Treatment, Storage and Disposal Facility (CHWTSDF) located in Dabaspet. 

REEL emphasised that the project strictly adhered to all environmental clearance protocols mandated by the prevailing Hazardous Waste Management Rules of 1989 and subsequent amendments. He highlighted the issuance of a Consent to Establish (CTE) to REEL, a key step in the project’s execution.  

According to REEL officers  the project site underwent a public notification process through local newspapers in February 2003, facilitated by the state forest department and pollution control board. 

A public hearing, as per the Environment Impact Assessment (EIA) notification of 1994, was conducted to gather public feedback. Following the hearing, on November 15, 2003, the state pollution control board recommended establishing the plant at the proposed location.

Reiterating their adherence to established regulations, they stated that the project followed the EIA notification of 1994, which was the governing regulation at that time.

According to REEL, a German firm, in collaboration with the Karnataka government, conducted a thorough preliminary investigation prior to preparing the project’s Detailed Project Report (DPR) and Rapid Environment Impact Assessment (REIA). Additionally, they secured support from an international agency to ensure the project complied with all applicable procedures and regulations.

A comprehensive report recommending Dabaspet as a suitable location was submitted for review by the Karnataka State Pollution Control Board (KSPCB). Subsequently, a state-level committee designated the Karnataka Industrial Development Board as the contracting agency, and the project received final clearance in April 2004.  

Officials acknowledged the introduction of environmental clearance notification for Category “B” projects in September 2006. However, they emphasised that MoEF&CC issued interim guidelines in November 2006, exempting projects with no-objection certificates issued before September 14, 2006, from requiring environmental clearance under the EIA notification of 2006.  

REEL further clarified that a steering committee formed by the state government and pollution control board, along with KSPCB’s principal secretary, granted consent on July 6, 2007, authorising the establishment of the plant at Dabaspet with all necessary environmental clearance already secured from the government.

They asserted that the consent for establishment and operation has been in effect without any issues. Additionally, they received approval from MoEF&CC for setting up an incinerator at the plant, granted only after a thorough inspection and assessment of the existing and proposed waste treatment facilities, along with a comprehensive pollution load assessment.

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