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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
SUNIL BENIWAL
Tata Bricks Company (Old Name Vip Int Udyog) – Appellant
Versus
Rajasthan State Pollution Control Board – Respondent
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 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 National Green Tribunal retains exclusive jurisdiction to assess environmental compensation, and its orders cannot be stayed by writ jurisdiction.
The court established that environmental regulators can impose compensatory damages as preventive measures under the Water and Air Acts, distinct from punitive penalties, reinforcing the Polluter Pay....
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 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.
Environmental compensation and restoration measures enforceable by tribunal based on expert committee assessments.
The appeal was deemed infructuous as compensation was modified and affirmed in a prior ruling, indicating procedural compliance for environmental accountability.
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