The National Green Tribunal (NGT) directed the Haryana Pollution Control Board (PCB) to visit the site, find out when occupancy of the society was allowed by developer/builder Sewage Treatment Plant (STP) was functional or not for any time and whether there was any past violation and appropriate action for past violation if any found, shall be taken in accordance with law after giving due opportunity of hearing to all concerned parties.
The Principal Bench of Justice Sudhir Agarwal and Dr. A. Senthil Vel disposed of an application raising the grievance regarding authorized and illegal disposal of untreated liquid waste generated at ATS Triumph Sector, 104, Gurugram, Haryana.
It is said that a sewage treatment plant was established but not running, hence, waste water was not properly treated and thrown in the open land through tankers and thereby violating the provisions of Water (Prevention and Control of Pollution) Act, 1974.
The complaint was considered by the Tribunal on 09.08.2023. It found that a substantial question relating to environment has been raised, hence issued notices to the respondents and also called for a factual report by constituting a Joint Committee comprising a representative of Haryana State Pollution Control Board (HSPCB)and Collector, Gurugram. Pursuant to the order of 09.08.2023, joint committee has submitted a report dated 22.11.2023.
It is not disputed by the applicant that presently STP is in operation. However, whether there is any past violation or not in this regard neither anything has been said in the Joint Committee report nor State PCB has filed any reply to throw light on their aspect.
“Under these facts and circumstances, after hearing all learned counsel for the parties, we find it appropriate to dispose of this application by directing State PCB to visit the site, find out when occupancy of the society was allowed by developer/builder i.e. Respondent No. 2 & 3 STP was functional or not for any time and whether there was any past violation. Appropriate action for past violation if any found, shall be taken in accordance with law after giving due opportunity of hearing to all concerned parties. “
The applicant further stated that there is no proper arrangement for disposal of solid waste.
The Bench is of the view that HSPCB shall also find out whether solid waste is properly disposed or not and in case any defiance is found, appropriate action shall be taken in accordance with law .