The Rajasthan State Pollution Control Board lacks authority to impose environmental compensation without legislative backing and established procedures. Judicial pronouncements dictate the need for statutory norms to validate such actions.

ORDER :

1. Learned Senior Counsel, Mr. Manish Shishodia, appearing on behalf of the petitioners, at the outset, submitted that he proposes to make some preliminary submissions, which are identical in the present writ petition, along with other writ petitions mentioned in Schedule-A, attached with this order, which may be treated as part of this order.

2. It is submitted by the learned Senior counsel that the present bunch of petitions have been filed feeling aggrieved of the imposition of environmental compensation by the respondent – Rajasthan State Pollution Control Board (“RSPCB”), pursuant to the directions issued by the National Green Tribunal (“NGT”).

2.1 It is further submitted by the learned Senior Counsel that his preliminary submissions may be considered and decided first, without going into the merits of individual writ petitions and if his preliminary submissions are decided and are accepted, then the entire bunch of writ petitions could be decided accordingly. It is also submitted that if this Court is not inclined to accept the preliminary submissions, then the writ petitions may be posted again for deciding the same on merits.

2.2 Considering the submissions made above, the preliminary submissions are being considered and decided first.

3. At this stage, although this Court is not deliberating the factual aspects involved in this bunch of writ petitions, however, it would be relevant to produce background of the matter for clarity. Hence, for brevity, the facts of writ petition No.645/2025 are considered.

3.1 The petitioner, to operate as a brick kiln, had applied to RSPCB for grant of Consent to Operate on 26.11.2021 and the same was granted on 13.02.2022 (Annex.3) for the period from 26.11.2021 to 31.10.2031. However, in the meanwhile, a show cause notice dated 19.01.2022 (Annex.4) was issued by RSPCB in pursuance of directions issued by the NGT vide order dated 10.11.2021 in the case of Hakam Singh & Anr. Vs. State of Rajasthan & Ors. O.A. No. 262/2020 and imposition of Environmental Compensation was sought alleging operation of unit without obtaining Consent to Operate.

3.2 Thereafter, Environmental Compensation to the tune of Rs.15,60,000/- was levied vide order dated 08.03.2022 (Annex.5) passed by RSPCB. Aggrieved of the same, the petitioner preferred a writ petition being SBCWP No.7580/2022, which is pending and is tagged with the present bunch of writ petitions.

3.3 The petitioner also approached the NGT seeking impleadment as party in the aforesaid case pending before it. The NGT, while disposing of the application for impleadment on 11.07.2022, directed that the order dated 08.03.2022 (Annex.5) be treated a notice and granted time to the petitioner to file response to the same.

3.4 The petitioner thereafter submitted a reply pursuant to the aforesaid order passed by the NGT and thereafter the impugned show cause notice dated 18.12.2024 (Annex.7) came to be passed seeking to revoke consent to operate on account of non-deposition of Environmental Compensation been imposed vide order dated 08.03.2022.

3.5 In similar manner, Environmental Compensation has been imposed by RSPCB on the petitioners alleging operation of brick kilns without Consent to Operate. The said imposition of Environmental Compensation has been challenged in the present bunch of writ petitions alleging the same to have been levied without jurisdiction/authority.

4. The preliminary submission, which is common in all the writ petitions, is that the RSPCB is not competent under the law to impose Environmental Compensation. In support of such submission, learned Senior Counsel, Mr. Shishodia, m