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B. R. GAVAI, K. VINOD CHANDRAN
C. L. Gupta Export Ltd. – Appellant
Versus
Adil Ansari – Respondent
| Table of Content |
|---|
| 1. allegations of environmental degradation against the appellant. (Para 1 , 6 , 7) |
| 2. appellant's compliance and contests against imposed penalties. (Para 2 , 4) |
| 3. court's stance on ngt’s findings and penalty. (Para 3 , 8 , 10) |
| 4. legal principles related to penalty calculations. (Para 11) |
| 5. jurisdiction and procedural compliance of the ngt. (Para 12 , 13) |
| 6. closure of pending applications. (Para 14) |
JUDGMENT :
1. The respondent no. 1, the applicant before the National Green Tribunal (for brevity ‘NGT’) alleged that the appellant, the respondent no. 1 before the NGT, as an industry was actively perpetrating environmental degradation and pollution as also extracting ground water; thus polluting the surroundings and also releasing effluents into the nearby river which is a tributary of the Ganga. It was also alleged that the other official respondents, the Pollution Control Board of the State & the Centre, the Central Ground Water Authority and the District Collector were mute spectators to the activities of the appellant and often colluding, in polluting and damaging the environment. The proceedings before the NGT extended over a period of three years in which various r
Environmental compensation determination must accurately reflect individual contributions, and proceedings under PMLA require registered complaints for scheduled offences.
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 court emphasized that penalties for environmental non-compliance must be based on sound legal principles and supported by evidence, ensuring adherence to natural justice.
The NGT must adhere to principles of natural justice and cannot abdicate its adjudicatory role to committees; fair hearing is essential in decisions regarding environmental compensations.
The National Green Tribunal retains exclusive jurisdiction to assess environmental compensation, and its orders cannot be stayed by writ jurisdiction.
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 held that penalties against public officials for violating tribunal orders must be supported by evidence of willful misconduct, and officials without sufficient authority cannot be penalize....
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