IMPORTANT POINT
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.

JUDGMENT :

S.S. SUNDAR, J.

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of certiorari calling for the records of the 2nd respondent herein in his proceedings No.T4/TNPCB/Environmental Compensation/Defaulting Units/SLM/ 2019 dated 17.09.2019 and quash the same.)

1. The present writ petition has been filed by the petitioners seeking issuance of a writ of certiorari to quash the order passed by the 2nd respondent dated 17.09.2019, directing the petitioner to pay a sum of Rs.23.60 lakhs towards recovery of interim environmental compensation.

2. Brief facts that are necessary for the disposal of this writ petition are as follows:

3. The petitioners are running a Bleaching Unit in Kondalampatti Village, Salem District. It is the case of the petitioner that the petitioners' Bleaching Unit is being for the past 32 years without any complaint. It is the specific case of the petitioners that the petitioners had established an effluent treatment plant which is a Zero Liquid Discharge Unit. However, one Mr.Manickam filed an Original Application in OA.No.51/2015 [SZ] before the National Green Tribunal, against Salem Municipality for discharging waste and sewage water into the river.

4. It is the case of the petitioners that none of the Bleaching Unit is a party to the proceedings before the National Green Tribunal. However, the petitioner received the impugned order directing the petitioner to a sum of Rs.23.60 lakhs towards recovery of interim Environmental Compensation within fifteen days. Challenging the said order, the present writ petition is filed by the petitioners raising various grounds, particularly, on the ground that the impugned order is in violation of principles of natural justice.

5. It is also stated that the impugned order does not even show any violation by the petitioners. Since the petitioners have a valid consent, it is stated that the petitioners cannot be saddled with a huge liability without even an inspection and verification of the devise, the petitioners have installed in its Unit to prevent any air and water pollution.

6. A counter affidavit has been filed on behalf of the respondents 1 and 2 referring to the following facts:

The petitioner has obtained consent from the Pollution Control Board, both under Water and Air Act for certain industrial processing, particularly, bleaching.

The petitioner has a valid permission to operate for the production and generation of sewage in respect of bleaching of hosiery fabric- 2.5 tonne per day and bleaching of cotton yarn-1.6 tonne per day.

The petitioner has installed a sewage with capacity of 2.0 KLD apart from owning sufficient land.

After referring to the infrastructures provided by the petitioner, the respondents have relied upon the order passed by the National Green Tribunal [PB], New Delhi, dated 04.02.2019, wherein the NGT has passed the order in the following lines:-

''10.Learned counsel for the TNPCB states that the situation has not fully improved and the pollution is still continuing. Thus, for the damge to the environment already caused compensation is required to be recovered from Salem Municipal Corporation as well as from polluting industries. Before finalizing this aspect, we consider it appropriate to direct a joint inspection to ascertain present status by a team comprising of representatives of Central Pollution Control Board [CPCB] and TNPCB. The Nodal Agency for compliance and coordination will be TNPCB.''

Again, an order was passed on 10.04.2019 in the said application in the following lines:

''9. Joint Committee is also directed to consider the question of quantum of compensation to be recovered and also persons responsible for the same and action taken by them to recover the same within a period of three months from today.

10. On the basis of the recommendation of the Joint Committee, it is for the Pollution Control Board to consider the further action to be taken against the violators and recover compensation