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DEVASHIS BARUAH
OIL AND NATURAL GAS CORPORATION LTD. – Appellant
Versus
STATE OF ASSAM – Respondent
JUDGMENT :
DEVASHIS BARUAH, J.
1. Heard Mr. I. Choudhury, the learned senior counsel assisted by Mr. A. Choudhury, the learned counsel appearing on behalf of the petitioner. Also heard Mr. S. Baruah, the learned Government Advocate, Assam appearing on behalf of the respondent No. 2. None appears on behalf of the respondent No. 1 on call.
2. The petitioner herein which is a Central Public Sector Undertaking and engaged in the business of exploration, commerce, development and production of oil and natural gas, have approached this Court by invoking the extraordinary jurisdiction under Article 226 of the Constitution challenging the show cause notice dated 28.06.2019; the communications dated 05.09.2019, 26.09.2019 and 23.10.2019 and in addition to that also have challenged the analysis report dated 05.08.2019.
3. The facts leading to the filing of the instant writ petition are that the Supreme Court in the case of Paryavaran, Suraksha Samiti and Another Vs. Union of India & Ors. (2017) 5 SCC 326, which was passed on 22.02.2017 had issued certain directions in respect to effluent treatment plant. The issue which came up for consideration before the Supreme Court in the said case was on t
The court established that the imposition of civil liabilities requires adherence to principles of natural justice, including proper notice and opportunity for the affected party to respond.
The court reinforces the 'Polluter Pays' principle, imposing environmental penalties to ensure compliance with ecological standards post-violations.
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 Rajasthan State Pollution Control Board cannot impose Environmental Compensation without legislative authority, necessitating subordinate legislation for its calculation and imposition.
Natural justice is context-dependent; its violation must demonstrate actual prejudice to affect the legality of administrative actions like environmental compensation assessment.
The National Green Tribunal must comply with principles of natural justice, ensuring parties have the opportunity to present their case before any adverse decisions are made.
The court established that consistent non-compliance with pollution discharge standards necessitates compensation for affected farmers, and a structured remediation approach must be adopted.
Violation of principles of natural justice in the imposition of damages for environmental violations.
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