Although it may not seem okay to a few but having conflicting opinions, are constructive. Valid debates and discussions can contribute to varying ideas in unimaginable ways.
It even becomes easy to imbibe and accept differing sides of an idea when given appropriate reasons. An ability to listen, comprehend, decode and negotiate derives the best of things in the world.
Well, even enemies can show respect and learn from each other. Lest alone the ones, working towards the same alleged goal: better future, better sustainability in growth.
Recently, India’s Environment ministry (MOEFCC) allowed companies from all genres, including some of the core polluting ones, to expand their capacities on the basis of a self-certification professed by them.
Barely, an undertaking by the firm that any of its activity will not “increase the pollution load”.
Even processing capacity of the industry could be expanded without the requirement of prior environmental clearance, provided that there is no increase in pollution load.
There were potential wrongdoings deriving from the law: misdeclaration, misuse of trust, companies with significant environmental footprint going off-hook, disastrous impacts from loosening Environmental clearances etc.
Even the state apparatus had its own intention and discretion.
NGT broke the silence, is back from slumber
In an illuminating notice, National Green Tribunal’s principal bench headed by chairperson Justice Adarsh Kumar Goel has clearly said that Industries cannot operate without prior environmental clearance.
In addition, he clarified that State has no jurisdiction to exempt the requirement of an environmental clearance.
EC is a necessary step to assess the impact of any planned project on the environment as well as people and there is involved reason to try to abate/minimise the same.
It involves public hearing and ways of scrutiny by a multi-disciplinary staff, undertaking the site-visits wherever required, interacting with the investors and holding consultations with experts on specific issues as and when necessary.
It is therefore, a full-fledged approach, not to be tampered with.
This came out of an application filed by NGO Dastak, to quell the order of the State of Haryana allowing the manufacturers of formaldehyde, that needs prior Environmental Clearance (EC), to continue operations for six months without a clearance.
The clause is however, subject to making the application for EC within 60 days. While “polluter pays principle” will work for any past offence or violations.
The need for an EC is found under Environmental Impact Assessment Notification 2006 amendment and there lies no justification for any permission given to such units in violation of mandate of law.
The panel explained: “We have no doubt that the stand of the private respondents will be duly considered by the concerned regulatory authorities, including the MoEFCC on merits and in accordance with law but till compliance of statutory mandate, the units cannot be allowed to function.”
The Tribunal disregarded this ruling and stated a prior EC to be indispensable and mandatory.
Reference case for this notification: Ayush Garg v. Union of India & Ors
“Since prior EC is statutory mandate, the same must be complied. We have no doubt that the stand of the private respondents will be duly considered by the concerned regulatory authorities, including the MoEFCC on merits and in accordance with law but till compliance of statutory mandate, the units cannot be allowed to function.”
“For past violations, the concerned authorities are free to take appropriate action in accordance with polluter pays principle, following due process.”
For a country like India where justice may not be served at the same instant of the crime, it remains important that Climate crime or an environment-related anomaly be fixed as soon as possible.
Climate change is waiting for none and even the NDCs we have committed to, for limiting this change may no longer remain relevant. But any step ahead is a problem being attended.
Here NGT has set an example and become a guiding light in times of darkness when our developmental needs may subside or scare off the Nature’s glory.