Kasauli Kund pollution: NGT condemns panel for delaying sample collection

Hearing a matter regarding the pollution of a natural water source in Himachal Pradesh’s Solan by a distillery, the National Green Tribunal said there was a "strong suspicion that certain forces at the local level may be trying to prevent the correct position from coming before the tribunal."

The NGT, which was hearing the matter regarding the alleged dumping of effluent in Kasauli Kund by Mohan Meakin Private Limited’s plant, denounced the conduct of an earlier formed panel, saying it had "frustrated" the tribunal’s order by delaying the collection of samples.

In January, the tribunal formed a panel to inspect the water source, ascertain the extent of water pollution and suggest remedial measures, following which it submitted two reports.

In April, however, the tribunal observed that the credibility of the report was doubtful and formed a new joint committee comprising the Solan district magistrate, member secretary, Himachal Pradesh Pollution Control Board (HPPCB) and representatives of the Union Ministry of Environment, Forest and Climate Change (MoEF&CC) and the Central Pollution Control Board (CPCB).

In an order passed on Monday, a bench of NGT Chairperson Justice Prakash Shrivastava said that the joint committee failed to submit its report and instead an action-taken report was submitted by the deputy commissioner of the district.

The bench, also comprising judicial member Justice Arun Kumar Tyagi and expert member A Senthil Vel, noted the report sought an extension of time as the analysis reports of the samples were awaited.

It noted the submission of the HPPCB's counsel about the samples being taken on 3 July.

"We fail to understand when the new joint committee was constituted on April 9, 2024, why immediate action in terms of the direction of the tribunal was not taken and why the committee waited till 3 July to take the samples," the bench said.

It underlined that by 3 July, rains would have started, diluting the samples.

"Hence, analysis reports of such samples will not show the correct status. Order of the tribunal has been frustrated by the joint committee by causing a delay in taking samples," the tribunal said.

"We also notice that though in the report filed on 18 July, it is stated that photographs of the visit are attached but no annexure is enclosed with the report," it said.

The green panel said that there was "a strong suspicion that certain forces at the local level may be trying to prevent the correct position from coming before the tribunal" and it needed to be "seriously looked into" by the member secretary of the HPPCB.

"Hence, we require the member secretary to appear virtually on the next date of hearing, explain the position and the action taken against the person concerned, if any, who by causing delay has frustrated the order of the tribunal and may have perpetuated the environmental damage," it said.

The tribunal then granted further four weeks to the panel for filing the report.

The matter has been posted for 23 October for further proceedings.