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ABHAY S. OKA, UJJAL BHUYAN
Waris Chemicals Pvt. Ltd. – Appellant
Versus
Uttar Pradesh Pollution Control Board – Respondent
ORDER
Heard the learned counsel appearing for the appellant and the learned counsel for the respondent.
2. Pursuant to the order dated 27th September, 2019 passed by the National Green Tribunal (for short, "the NGT"), New Delhi, the respondent-Uttar Pradesh Pollution Control Board (for short, "the PCB") undertook the exercise of making determination of the Environmental Compensation payable by the appellant and others. The compensation was to be computed for causing pollution of the ground water due to the storage of hazardous chromium waste in village Khan Chandpur, Rania, Kanpur Dehat. It was found that the waste was of the quantity of 62225 MT. An order was made on 19th November, 2019 signed by the Regional Officer after obtaining approval of the PCB of fixing the compensation. A statutory appeal was preferred by the appellant against the said order before the NGT. In the impugned judgment, the NGT recorded disapproval to the manner in which Environmental compensation was determined by the PCB. Paragraphs 146 and 147 of the impugned judgment read thus:
Environmental compensation determination must accurately reflect individual contributions, and proceedings under PMLA require registered complaints for scheduled offences.
The National Green Tribunal retains exclusive jurisdiction to assess environmental compensation, and its orders cannot be stayed by writ jurisdiction.
The court affirmed that environmental compensation must be proportionate to project size, asserting that the 'polluter pays' principle justifies significant fines for regulatory violations, despite t....
The Rajasthan State Pollution Control Board cannot impose Environmental Compensation without legislative authority, necessitating subordinate legislation for its calculation and imposition.
The Rajasthan State Pollution Control Board lacks authority to impose environmental compensation without legislative backing and established procedures. Judicial pronouncements dictate the need for s....
The court emphasized that penalties for environmental non-compliance must be based on sound legal principles and supported by evidence, ensuring adherence to natural justice.
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The assessment of damages or compensation for environmental pollution should be based on specific methodology and criteria, and the lack thereof violates principles of natural justice.
The court emphasized the necessity of adhering to principles of natural justice, ruling that failure to provide a hearing before determining environmental compensation invalidated the original order.
The court emphasized the principle that it does not have the power to sit as an appellate court over a judgment passed by the NGT and highlighted the significance of the NGT Act, 2010, Section 22.
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