#pollution control

The Karnataka High Court has ruled that a closure order under environmental law does not automatically justify denying renewal of Consent for Operation. The KSPCB must now decide on the renewal application within four weeks, ensuring that regulatory compliance and operational continuity are assessed separately under the Pollution Control Act. This protects industries from de facto shutdowns due to administrative delays, reinforcing procedural fairness in environmental governance.

The National Green Tribunal Southern Zone has ruled that pet coke used as a carbon reductant in silicon carbide manufacturing under the Acheson process is not fuel and thus exempt from prohibition orders under environmental directives. This distinction protects specialized industrial processes while reinforcing the need for precise regulatory categorization of industrial inputs, directly impacting chemical manufacturers in Kerala and beyond.

The National Green Tribunal ruled that an oral inspection notice under Section 21(3) of the Water (Prevention and Control of Pollution) Act is legally sufficient only when an authorized agent of the unit is present and does not object, reinforcing procedural fairness in pollution enforcement. This clarifies the threshold for admissibility of environmental samples and invalidates compensation calculated on flawed default periods without proper notice.

NGT imposes strict liability on industrial occupiers for hazardous waste fires, mandating environmental compensation and a technical committee inquiry into regulatory compliance. The ruling underscores non-delegable duty for safe waste handling under Hazardous and Other Wastes Rules, 2016, impacting industries storing or processing hazardous materials.

Jharkhand High Court reinforces absolute liability doctrine in environmental cases, holding Central Coalfields Ltd. accountable for coal stockpile fires regardless of contractor or villager involvement. The ruling mandates immediate fire extinguishment and active Pollution Control Board oversight, setting a precedent for strict corporate environmental responsibility in pollution-related PILs.

The Rajasthan High Court has ordered a recalculation of environmental compensation after the industry proved its furnace was shut down and demolished before the penalty period ended. This sets a critical precedent: regulatory penalties must reflect actual operational conduct, not presumed pollution duration, ensuring fairness under procedural due process for polluting industries facing enforcement.

NGT Southern Zone rules that final closure orders under the Water and Air Acts override expired 'consent to operate' for industries violating environmental norms. The judgment reinforces that regulatory compliance cannot be bypassed by procedural lapses, setting a precedent for enforcement against industries operating on non-conforming land.

The Allahabad High Court ruled that directors can be prosecuted under the Air Act if named in the complaint, even if they had resigned before the environmental violation occurred. The burden now shifts to them to prove they had no role in the company’s conduct at the time of the offence, significantly expanding personal liability for corporate environmental breaches.

NGT upholds Maharashtra Pollution Control Board’s calculation of Rs.64.8 lakh environmental damage compensation against a slaughterhouse for prolonged untreated effluent discharge, reinforcing strict liability for pollution control violations. The ruling mandates deposit of the amount for remedial measures, setting a precedent for polluters' financial accountability under environmental laws.

Madras High Court invokes writ of mandamus to compel the Block Development Officer to decide on a representation seeking cancellation of a wood cutting mill license in a residential area within 12 weeks. The ruling underscores judicial intervention to enforce statutory compliance and prevent environmental violations in residential zones, setting a precedent for timely administrative action under Article 226.

The National Green Tribunal (Southern Zone) ruled that a polluter’s isolated corrective action after effluent discharge does not exempt it from penalties if ongoing violations persist. The judgment underscores TNPCB’s duty to enforce continuous environmental compliance, not just post-facto remediation, impacting industries and pollution control boards across India.

The National Green Tribunal holds that individuals cannot directly approach it with generalized pollution complaints without first filing formal grievances with the pollution control board.

NGT holds that repeated environmental violations at same site require execution of prior orders, not fresh applications; clarifies procedural remedy for aggrieved parties.

National Green Tribunal mandates strict slurry utilization plans and consent regimes for granite units, establishing binding environmental compliance standards across India.

Karnataka High Court holds that closure orders under environmental laws must consider proportionality and emergency conditions, allowing time for compliance.