VIVEK KUMAR BIRLA, KSHITIJ SHAILENDRA
Nagar Palika Parishad – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Heard Shri Umesh Vats learned counsel for the petitioner, Shri Aditya Shanker, holding brief of Shri Mehul Khare, learned counsel appearing for respondent Nos. 2, 3 and 4 and learned Standing Counsel appearing on behalf of respondent Nos. 1, 5, and 6.
2. The petitioner-Nagar Palika Parishad, Khoda Makanpur, district Ghaziabad has invoked writ jurisdiction of this Court under Article 226 of Constitution of India challenging the order dated 30.7.2024, whereby the Chief Environment Officer, Region-I, Uttar Pradesh Pollution Control Board, T.C.-12th, Vibhuti Khand, Gomti Nagar, Lucknow has asked the petitioner to deposit a sum of Rs. 91,25,000/- (rupees ninety one lac twenty five thousand) as environmental compensation. A consequential recovery citation issued by the Tehsil Authorities on 27.10.2024 has also been challenged. A further direction has been sought commanding the respondents not to proceed with recovery against the petitioner.
3. Brief facts of the case are that the petitioner is a Municipality defined under Section 3 of the Uttar Pradesh Municipalities Act, 1916 and it was handed over a land for establishment of wastage processing and solid waste plant on 21.12.202
Kantha Vibhag Yuva Koli Samaj Parivartan Appellants Trust and others v. State of Gujarat and others
The National Green Tribunal retains exclusive jurisdiction to assess environmental compensation, and its orders cannot be stayed by writ jurisdiction.
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 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 NGT cannot delegate its core adjudicatory functions to administrative expert committees and must adjudicate on environmental issues within its jurisdiction.
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 emphasized the principle that it does not have the power to sit as an appellate court over a judgment passed by the NGT and highlighted the significance of the NGT Act, 2010, Section 22.
Environmental compensation determination must accurately reflect individual contributions, and proceedings under PMLA require registered complaints for scheduled offences.
(1) Observance of Principles of Natural Justice by NGT is mandatory.(2) Recommendations made by an Expert Committee are not binding on NGT – They are only by way of assistance to enable NGT to arrive....
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....
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