Bengaluru: The National Green Tribunal (NGT), on Thursday, January 31, effectively spelt the closure of Graphite India Limited.
The closure order comes as a major victory for the residents of Bengaluru’s Whitefield in their 20-year long legal battle against the factory.
The NGT restored the closure order given by the Karnataka State Pollution Control Board (KSPCB) in 2012. An order has also been passed by the NGT asking a study by an independent panel comprising members from the Central Pollution Control Board (CPCB), KSPCB and National Environmental Engineering Research Institute (NEERI).
The panel will study regarding the source apportionment of pollution, and also carry out stack monitoring of the industry, ambient air monitoring of the factory and the surrounding area by installing monitoring stations at 10 different locations. The NGT has stated that the study has to be submitted within two months.
As per the ‘polluters’ pay’ principle, the Supreme Court on October 30, 2018 had slapped a sum of Rs 50 Lakh as penalty on the factory.
Srinivas Kotni, the lawyer appearing for Whitefield Rising, the residents’ collective petitioning at various courts, said, “The NGT passed an order upholding the appeal made by the residents and agreed with the Pollution Control Board’s closure order of 2012 setting aside the first Appellate order.”
The Karnataka State Appellate Authority vide its order dated June 22, 2013, had allowed the appeal of Graphite India. However, out of the three members, one of them had passed a separate dissenting judgement.
“In effect, they agreed with the single dissenting judgement of the first Appellate order,” Srinivas added.
The residents of Whitefield had first approached the Pollution Control Board in 1997 and then various courts, over Graphite India’s blatant violation of norms and emission of black dust.
Residents say that Graphite India continued operations by exploiting legal loopholes and claim that they have been exposed to greater air pollution and are at a higher risk of pollution-related health complications.
