HC sets aside NGT order on panel to probe pollution

Cuttack: The Orissa high court has set aside the National Green Tribunal (NGT)’s November 22, 2023 order that had constituted a high-level committee to probe into allegations of unchecked violation of statutory rules by 11 industrial units in Sundargarh district that were causing adverse impact on the environment.
While considering a petition filed by Utkal Metallics, which runs a sponge iron unit at Kalunga Industrial Estate, the single-judge bench of Justice S K Panigrahi on January 4 said, “The NGT should have given an opportunity of hearing to all the parties before constituting such a committee and passing order for inspecting the petitioner’s industry.”
“There is clear violation of natural justice while passing the order.The committee should have comprised an independent person in place of the amicus curiae so that the apprehension of bias or conflict of interest issue could have been avoided,” Justice Panigrahi observed.
NGT’s east zone bench had constituted a high-level committee after taken cognizance of a letter petition on November 22, 2023. Sudhansu Sekhar Patra and others, all residents of Sundargarh region, filed the petition alleging that the industrial establishments do not have the requisite pollution control devices installed within the plant area.
Utkal Metallics, which operates a sponge iron unit at Kalunga Industrial Estate in Sundargarh had filed a petition alleging that the tribunal had passed the order without giving it an opportunity to put forth its position.