The Dakshin Haryana Bijli Vitran Nigam (DHBVN) has recently initiated legal action in the National Green Tribunal (NGT), Delhi, against an order passed by the Environmental Pollution (Prevention and Control) Authority dated 09-10-2019, which has banned the use of diesel generators (DG) in Delhi, Ghaziabad, Noida, Greater Noida, Faridabad, Gurgaon, Sonipath, Panipath and in Bahadurgarh.
The NGT Bench led by Chairperson, Justice Anand Kumar Goel, has passed an Order dated 18-10-2019 and held ‘that the Order passed by the Environmental Pollution (Prevention and Control) Authority is an undoubted need for protection of environment and public health.’ The Court further held that if the Appellant is unable to provide electricity, it is for the Appellant to find other ways and means to generate and provide electricity within the purview of law. This could not be a ground to use DG for generation of electricity as it violates the air protection laws.
Further, upon advice of the Central Pollution Control Board (CPCB), the NGT also banned the use of DG for generation of electricity, as the air quality in the cities has been ranging between moderate to poor and there is an undoubted need to protect the environment and public health.
The Indian Lawyer