Shimla/New Delhi, Oct 10,
The National Green Tribunal (Principal Bench, New Delhi) has directed the Central Pollution Control Board (CPCB) and State Pollution Control Boards (SPCBs) to ensure time-bound clearance of environmental authorizations and proactive compliance monitoring, holding that bureaucratic delays in such approvals fuel inefficiency and corruption. The judgment, reserved on September 23 and pronounced on October 8, 2025, Naveen Kumar vs Union of India & Ors, was delivered by a Bench comprising Justice Arun Kumar Tyagi (Judicial Member) and Dr. Afroz Ahmad (Expert Member).
In a case that originated from Himachal Pradesh, the Tribunal examined allegations against Shivalik Hospital, a 10-bed private healthcare facility in District Una, accused of operating without valid environmental clearances. The applicant, Naveen Kumar of Meerut, had sought closure of the hospital and imposition of environmental compensation, alleging violations under the Bio-Medical Waste Management Rules, 2016 and the Water (Prevention and Control of Pollution) Act, 1974.
After reviewing replies from the Himachal Pradesh State Pollution Control Board (HPSPCB) and other respondents, the Bench concluded that the hospital had obtained all requisite permissions and was fully compliant. Referring to the evidence, the order noted:
“During the period of its operation, no complaint or matter regarding improper disposal of bio-medical waste or water pollution by respondent no. 8 came to the notice of HPSPCB.”
The Tribunal further recorded that Shivalik Hospital had installed a 3 KLD sewage treatment plant, and its water discharge parameters were “within prescribed norms as per analysis reports.” The Bench therefore ruled that there was no violation of environmental law, observing:
“In view of the compliance status and valid consents obtained, no environmental compensation is payable by the hospital, and no directions are called for against it by CPCB or HPSPCB.”
However, while disposing of the case, the Tribunal expressed grave concern over systemic delays by State Pollution Control Boards across the country in processing authorization, Consent to Establish (CTE), and Consent to Operate (CTO) applications. Citing statutory provisions, the order reiterated that:
“Every application for authorization under the BMWM Rules must be decided within 90 days, and consent applications under the Water Act must be disposed of within four months.”
The Bench noted that such delays had “become a nationwide malaise” and directed the CPCB to issue Standard Operating Procedures and binding instructions to all SPCBs and Pollution Control Committees to ensure time-bound disposal of applications and public disclosure of pending cases. The Tribunal also ordered the creation of an online grievance redressal portal to allow citizens to report environmental violations and track remedial actions.
Emphasizing transparency and accountability, Justice Tyagi observed that proactive enforcement is essential to restore public faith in environmental governance. The order stated:
“CPCB and SPCBs must shift from a reactive to a proactive compliance approach through regular inspections, public reporting, and citizen engagement mechanisms.”
The Tribunal directed the Member Secretary of CPCB to submit an Action Taken Report within three months to the Registrar General of the NGT, who will place the same before the Bench or initiate proceedings in case of non-compliance.
For Himachal Pradesh, this verdict is significant — not only for exonerating a local hospital but also for spotlighting the inefficiencies in the functioning of the state’s pollution control systems. As Justice Tyagi noted, ensuring timely clearances and strong compliance mechanisms is vital to preserving both administrative integrity and environmental justice in sensitive hill regions.
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