P&H HC Imposes ₹50k Cost On Haryana Pollution Control Board Over Failure To Restore Electricity To Factory Having Valid Authority To Operate

The Punjab and Haryana High Court has imposed a cost of Rs.50,000 on the Haryana State Pollution Control Board over failure to restore electricity of a factory for 6 months, despite having orders for restoration.The electricity of the factor was cut and it was sealed by the Pollution Control Board for allegedly not having valid Consent To Operate (CTO) in February 2024. However, an appellate authority in May directed restoration of the electricity after finding that the factory had valid CTO till 2030.Chief Justice Sheel Nagu and Justice Sumeet Goel noted, “What is unfortunate to note is that despite the Appellate Authority vide order dated 16.05.2024 observing that the appellants (petitioners herein) possess valid CTO up to 31.12.2030 and directing for removal of seals put on the unit of the petitioners, the Haryana State Pollution Control Board took nearly six to seven months to rise from the stupor and pass orders directing for restoration of electric supply and also de-sealing of the unit of the petitioners.”The bench added further that the petitioners have been compelled to approach the Court in an “avoidable peace of litigation” which is a creature of inaction on the part of the Haryana State Pollution Control Board which deserves to be saddled with exemplary costs.Speaking for the bench Chief Justice Sheel Nagu said that besides compelling the petitioners to file this avoidable peace of litigation, the Board has also wasted “precious time of this Court in dealing with vexatious peace of litigation.” The precious time of the Court could have been utilized in deciding more pressing matters, added the bench.In light of the above, the Court imposed a cost of Rs.50,000 upon the Haryana State Pollution Control Board, out of which a sum of Rs.10000 is directed to be paid to the petitioners and the remaining amount of Rs.40000 to be deposited in the account of the Poor Patients Fund at PGIMER, Chandigarh.Mr. Prashant Bansal, Advocate, for the petitioners.Mr. Deepak Balyan, Addl. Advocate General, Haryana.Ms. Vasundhra Asija Bhandari, Advocate with Mr. Varenium Asija, Advocate, for respondents No.2 & 3. Title: Singla Ice Factory and another v. State of Haryana and othersClick here to read/download the order

P&H HC Imposes ₹50k Cost On Haryana Pollution Control Board Over Failure To Restore Electricity To Factory Having Valid Authority To Operate

Aiman J. Chishti

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