HC raps Punjab, tells it to deposit Rs 5 crore

Tribune News Service

Saurabh Malik

Chandigarh, October 18

The Punjab and Haryana High Court has rapped the state of Punjab for “soft peddling” after an industrial unit claimed that it suffered a loss of Rs 13.73 crore. It alleged that its lawful operations were being stalled by some protesters alleging violation of environment norms. This was despite the fact that the unit was found to be complying with the law and requirements.

Industrial unit claims loss of Rs 13 cr

• An industrial unit claimed that it suffered a loss of Rs 13.73 crore
• It alleged that its lawful operations were being stalled by some protesters alleging violation of environment norms
• This was despite the fact that the unit was found to be complying with the law and requirements
• The state failed to provide adequate arrangements to allow petitioners to operate

The Bench also directed the state to deposit Rs 5 crore with the High Court Registry. For the purpose, Justice Vinod S Bhardwaj has set a week’s deadline. The matter was brought to Justice Bhardwaj’s notice after a petition was filed against the state and other respondents by Malbros International Pvt Ltd and another petitioner through senior counsel Puneet Bali.

Among other things, it was contended that the lawful operations of the established industrial unit were being stalled by the protesters alleging violation of environment norms. It had all requisite environmental approvals. But it was not being allowed to function due to the state’s failure to ensure the rule of law and giving leverage to the protesters. The protesters’ claim was without any “valid basis” and was in clear violation of the Supreme Court and High Court guidelines on holding protests.

Justice Bhardwaj also took a note of the petitioner’s contentions that the Punjab Pollution Control Board (PPCB) conducted investigations at the initial stages. Effluent discharge or pollutant emissions were not attributed to the petitioner. But an NGT’s monitoring committee was requested to carry out the search/investigation on the protesters’ demand.

Samples were drawn from places identified by them. But the monitoring committee did not find any effluent/polluting emission being discharged or emitted by the petitioner factory in its investigation. The petitioners were found to be complying with the law and the requirements prescribed therein. Yet, the state failed to provide adequate arrangements to allow petitioners to operate. The respondent (state) allowed disgruntled people/unruly mob to take control of the state machinery, which opted to kneel down rather than to uphold the sovereignty of rule of law.

Justice Bhardwaj said: “It seems that the state has been soft peddling the issue. Despite repeated assurances given and strenuous efforts made by the Advocate General, Punjab, it does not seem to be making any headway. The agitating petitioners are suffering immense losses, including the pecuniary burden of having to meet the financial liability.”

Justice Bhardwaj adjourned the hearing to November 22. The Bench made it clear that the instrumentalities of the state were required to firmly saddle themselves and take responsibility. They could not be permitted to ask a court of law to lend its shoulder for discharge of their functions.

The assertion came after Punjab Advocate-General Vinod Ghai did not dispute the monitoring committee’s report or the assertion that the unit was “compliant of all laws”. He reiterated that the state was taking all effective steps and would, rather, seek directions from the court to implement the orders.

Justice Bhardwaj added such a request could not be accepted. The matter had remained pending for over three months and the situation remained the same despite observances.

About The Author

Tribune News Service

The Tribune News Service brings you the latest news, analysis and insights from the region, India and around the world. Follow the Tribune News Service for a wide-ranging coverage of events as they unfold, with perspective and clarity.