Introduction:

In a recent judgment, the Punjab and Haryana High Court pulled up the Haryana State Pollution Control Board (HSPCB) for its six-month delay in restoring the electricity of a factory, despite an appellate authority’s order directing immediate restoration. The case, Singla Ice Factory and Another v. State of Haryana and Others revolved around the board’s inaction, which forced the factory owners to approach the court for relief. The division bench comprising Chief Justice Sheel Nagu and Justice Sumeet Goel found the board’s conduct unjustified and imposed a cost of ₹50,000 as a penalty for its failure to comply with the appellate authority’s directive. Out of this, ₹10,000 was awarded to the petitioners, while ₹40,000 was directed to be deposited in the Poor Patients Fund at PGIMER, Chandigarh. The court noted that such unnecessary litigation wasted the judiciary’s valuable time, which could have been used for more pressing cases.

Arguments Presented:

Petitioners’ Arguments:

The petitioners, represented by Advocate Prashant Bansal, contended that their factory was wrongfully sealed in February 2024 on allegations of operating without a valid Consent to Operate (CTO). However, an appellate authority ruled in their favour in May 2024, confirming that their CTO was valid until December 31, 2030. Despite this order, the HSPCB took no steps to restore electricity or remove the seal, leaving the factory inoperable for six months. The petitioners argued that this inaction had caused significant financial losses, disrupted their business, and amounted to harassment. They further emphasized that the board’s failure to implement the appellate authority’s decision forced them into unnecessary litigation, adding to their burden. The petitioners urged the court to intervene and ensure compliance with the lawful order while seeking exemplary costs for the hardships endured due to the board’s negligence.

Respondent’s Arguments:

The Haryana State Pollution Control Board, represented by Additional Advocate General Deepak Balyan, attempted to justify the delay, citing administrative and procedural reasons. The board contended that it required additional verification before implementing the appellate authority’s directive. It argued that public interest and environmental concerns necessitated a careful approach before restoring the operations of an industrial unit. Advocates Vasundhra Asija Bhandari and Varenium Asija, representing respondents No. 2 and 3, supported the board’s stance, asserting that regulatory bodies must ensure compliance with environmental norms before permitting industries to function. However, the bench was unimpressed with these justifications, particularly since the appellate authority had already ruled in favour of the petitioners months earlier.

Court’s Judgment:

The Punjab and Haryana High Court delivered a strong rebuke to the HSPCB for its inaction, emphasizing that administrative lethargy should not override legal orders. Chief Justice Sheel Nagu, speaking for the bench, observed that despite the appellate authority’s explicit directive issued on May 16, 2024, acknowledging the validity of the factory’s CTO until December 2030, the board failed to act for over six months. The court criticized the board for compelling the petitioners into avoidable litigation, thereby wasting judicial resources. It noted that the board’s delay not only caused financial distress to the petitioners but also diverted the court’s time from more urgent matters.

Highlighting the importance of accountability, the court imposed a cost of ₹50,000 on the HSPCB. It directed that ₹10,000 be paid to the petitioners as compensation for their troubles, while ₹40,000 was to be deposited in the Poor Patients Fund at PGIMER, Chandigarh. The bench clarified that compliance with appellate authority orders is not discretionary and that regulatory bodies cannot arbitrarily delay enforcement. The judgment serves as a warning against bureaucratic inefficiency and underscores the judiciary’s commitment to upholding procedural fairness and legal compliance.