The tribunal mentioned that violation within the matter of unlawful extraction of groundwater is clearly established alongside the air pollution of the drain.
There can also be violation of security norms and mere denial will not be sufficient, the NGT mentioned including that the unit needs to be held liable to pay compensation for the violations to cowl the price of restoration of the surroundings and likewise to take remedial motion to stop such occurrences in future.
“Having regard to the character of violations within the current case and the monetary capability of the unit in query, we decide the compensation quantity at Rs 10 crore which quantity could also be deposited with the District Magistrate inside one month.
“The District Magistrate may keep the amount in a separate account to be spent for restoration of the environment by preparing an action plan for augmentation of the groundwater, afforestation, landscaping, restoration of the drain and offsite emergency plans,” the bench mentioned.
The motion plan for utilising the quantity could also be ready inside one month in session with the Oversight Committee constituted by this Tribunal below the Chairmanship of Justice SVS Rathore, former Judge of the Allahabad High Court at Lucknow, the tribunal mentioned.
The Oversight Committee may additionally oversee utilisation of the quantity for restoration of the surroundings in an acceptable method.
“The utilisation may be ensured within six months. The joint Committee of CPCB, State PCB, District Magistrate may also ensure that requisite measures are adopted by the plant to avoid violation of safety norms in future,” the bench mentioned.
With regard to demise of 1 Mohit Ranjan on account of fuel leakage on December 6, 2020, the NGT directed Shalabh Mathur, DIG, Moradabad to offer a factual report back to the Oversight Committee with a replica to the District Magistrate and the venture proponent.
“If demise is discovered to be attributable to the actions of the unit, the unit might guarantee cost of requisite compensation below the Workmen’s Compensation Act, 1923 inside one month, failing which the District Magistrate, Moradabad might guarantee cost of compensation of atleast Rs 20 lacs to the subsequent of the kin of the deceased, which quantity could also be recovered from the unit.
“If the unit is aggrieved by the report of DIG Moradabad on this aspect, it will be open to it to move this Tribunal in the matter by way of an interim application. The statutory authorities may maintain strict vigil to prevent such occurrences,” the NGT mentioned.
The tribunal was listening to a plea filed by UP resident Jitendra Singh alleging that incidents of fuel leak occurred on June 7 and 10, 2020, from Teva API Pvt. Ltd., Chandpur Road, Gajraula, District Amroha, Uttar Pradesh.
The plea claimed that the pharmaceutical manufacturing company was working in violation of environmental norms and the leakage of fuel affected public well being.