Chandigarh, May 8 In a relief to Rajya Sabha member Rajinder Gupta-owned Trident Group, the Punjab and Haryana High Court Friday granted interim relief to it, saying no coercive action should be taken against it by the Punjab Pollution Control Board (PPCB) without first granting it a reasonable opportunity of 30 days to rectify any minor defects or deficiencies.
Disposing of the petition filed by Trident Group, a Division Bench of Chief Justice Sheel Nagu and Justice Sanjiv Berry orally observed that the PPCB had failed to demonstrate the existence of any grave environmental emergency warranting immediate coercive action against the company.
The Bench said since the respondent, the PPCB, has failed to show any emergency situation where any stream, well, land, or environment is being polluted by poisonous effluents, it would be appropriate for it to take coercive measures only after affording the petitioner a reasonable opportunity of 30 days to cure any deficiencies.
The court said the company would be at liberty to approach the National Green Tribunal (NGT) if any coercive action is initiated by the PPCB.
The order came days after the PPCB on April 30 inspected the company’s premises.
The company had alleged procedural violations, intimidation and political targeting following a change in the political affiliation of its founder, Rajinder Gupta, while the PPCB had denied the allegations.
Senior advocate D.S. Patwalia, appearing for the PPCB, termed the allegation of vendetta a “figment of imagination” and argued that the petition itself was premature as no adverse order had yet been passed against the company.
The company had contended that its industrial divisions possessed valid environmental consents and approvals, and maintained that the PPCB’s sudden action raised serious apprehensions of mala fide intent.
Its petition said nearly 30 officials entered the premises on the evening of April 30, collected samples, and allegedly failed to adhere to the mandatory statutory procedure prescribed under environmental laws.
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