In a significant ruling emphasizing strict adherence to environmental laws, the National Green Tribunal (NGT) in New Delhi has dismissed an appeal filed by a car dealer based in Zirakpur, Mohali. The tribunal's decision upholds the closure order and the revocation of the consent to operate issued by the Punjab Pollution Control Board (PPCB) against the dealer for violating established environmental norms.
The Core of the Legal Challenge
The appeal before the NGT's principal bench contested two key orders from the Punjab authorities. The first was the PPCB's closure directive dated February 27, 2025, which was issued under the Water (Prevention and Control of Pollution) Act and the Air (Prevention and Control of Pollution) Act. The second was an appellate order from the Government of Punjab dated March 10, 2025, which had dismissed the dealer's statutory appeals against the cancellation of its Consent to Operate (CTO).
The tribunal examined the case details and found that the appellant was running a combined car dealership and service station from leased premises. While the main developer of the property had received an Environmental Clearance (EC) back in 2016, the car dealer's own consent under the Water and Air Acts came with a critical condition.
The Critical Violation and Missed Opportunities
The mandatory condition required the appellant to get the main developer's 2016 environmental clearance revised or amended to explicitly include service station activities. This step was crucial for legal compliance. However, the NGT noted that the dealer failed to fulfill this specific requirement.
Authorities had provided the dealer with several chances to rectify the situation. The PPCB had issued repeated show-cause notices and granted multiple opportunities for hearings. Despite these avenues for compliance, the appellant did not take the necessary steps to amend the environmental clearance, leading to the enforcement action.
The Tribunal's Verdict and Future Options
While dismissing the appeals, the NGT clarified the path forward for the business. The tribunal observed that the appellant could choose to operate solely as a car showroom, excluding the service station function. However, this would require obtaining fresh statutory consents from the relevant authorities.
Alternatively, the dealer may approach the competent authorities again in the future, but only after fully rectifying the identified violations and meeting all the prescribed environmental requirements. This ruling underscores that obtaining initial consent is not the final step; ongoing compliance with all attached conditions is non-negotiable under India's environmental legal framework.
The decision reinforces the authority of state pollution control boards like the PPCB and sets a precedent for strict enforcement against commercial operations that neglect specific conditions in their environmental approvals.
