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2021 Supreme(Online)(NGT) 415
NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
Adarsh Kumar Goel, CJ, Sudhir Agarwal, J, M. Sathyanarayanan, J, Brijesh Sethi, J, Nagin Nanda, EM
Rajiv Narayan & Anr. – Appellant
Versus
Union of India & Ors. – Respondent
M.A. No. 33/2021 & 34/2021 | Original Application No. 804/2017
For the Appellants/Petitioners: Raj Panjwani, Rahul Choudhary
For the Respondents: Shuvodeep Roy, Avi Singh, Shiven Varma
The court affirmed the principle of absolute liability for environmental violations, mandating that states must comply with regulations or face compensation for damages.
Headnote:(A) Environment (Protection) Act, 1986 - Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 - Review of orders on compliance of statutory obligations - The Tribunal found continuing violations in setting up Treatment Storage and Disposal Facilities (TSDF) by states - The State of Assam argued against compensation liability due to delays - Court held that failure to comply with existing rules results in environmental damage and waiver cannot be entertained. (Para 3)
(B) Enforcement of Environmental Regulations - Compliance with rules is mandatory for public health and environment protection - The polluter pays principle is affirmed, establishing absolute liability for damage without reliance on fault - The plea against compensation based on ignorance of the Act framework was dismissed as absurd. (Paras 4 & 5)
| Table of Content |
|---|
| 1. review of orders regarding tsdf statutes. (Para 1) |
| 2. failure in compliance of statutory obligations. (Para 2) |
| 3. dismissal of waiver for environmental compensation. (Para 3) |
| 4. emphasis on absolute liability for violations. (Para 4) |
| 5. final ruling against modification requests. (Para 5) |
ORDER
M.A. No. 33/2021
1. This application is in the nature of review of earlier orders of this Tribunal dated 26.08.2019 and 07.07.2020 directing Central Pollution Control Board (CPCB) to recover compensation from the States which failed to comply with the statutory obligation of setting up Treatment Storage and Disposal Facility (TSDF), under the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 (HoWM Rules). The Tribunal considered the matter in the light of directions of the Honble Supreme Court in (2005) 10 SCC 510 and (2012) 7 SCC 769 and further order of the Honble Supreme Court dated 18.07.2018 in The Research Foundation for Science, Technology and Natural Resource Policy Vs. Union of India & Ors., whereby the proceedings were transferred to this Tribunal. The Tribunal constituted a Monitoring Committee for compliance of the HoWM Rules which suggested various measures to be taken by the concerned authorities in view of continuing violation of the Rules preventing damage to the environment. The Tribunal accordingly issued directions in the light of the said recommendations inter alia as follows:
VI. Directions:
20. xxx ..xxxxxx i. xxx ..xxx..xxx ii. xxx ..xxx..xxx iii. As already directed, all the States which have not set up TSDF may do so and the States which fail to set up the same up to 31.03.2020, will be liable to pay environmental compensation of Rs. 10 lakh per month. However, with regard to States which may be categorized as small States, having regard to the quantum and nature of generation of hazardous waste, the liability to pay compensation will start from 01.01.2021. The categorization based on threshold limit of generation of hazardous waste be made by the CPCB within one month from today and placed on its website.
2. Since the State of Assam has been required to pay compensation in pursuance of above directions, it has filed the present application to the effect that TSDF could not be set up on account of delay in taking several steps.
3. We do not find any merit in the application. Admittedly, TSDF has still not been set up, as statutorily mandated though the rules have been in place atleast for the last five years and directions of the Honble Supreme Court are even earlier. In absence, there is continuing violation of the statutory rules, framed under the Environment (Protection) Act, 1986 and consequential damage to the environment. In these circumstances, prayer for waiver of compensation for admitted violation cannot be entertained.
The application is dismissed.
M.A. No. 34/2021
4. This application is for rehearing of M.A. Nos. 22 and 23 of 2021 earlier filed by the applicant which were dismissed on 05.04.2021 as follows:
1. These applications have been filed, in a decided matter, by the Chhattisgarh State Industrial Corporation Ltd. (CSIDC) for modification of order of this Tribunal dated 07.07.2020 (wrongly mentioned as dated 1.7.2020) and also for stay of order dated 23.11.2020 passed by the CPCB, in the light of the said order.
2. We may first refer to the order in question which dealt with the issue of remedial action against non-compliance of Hazardous and Other Waste (Management and Transboundary Movement) Rules, 2019 (HOWM Rules). The Tribunal referred to the alarming situation created by unscientific dumping of hazardous waste, as noticed by the Honble Supreme Court in The Research Foundation for Science, Technology and Natural Resource Policy v. UOI & Ors (2005) 10 SCC 510 read with further order dated 06.07.2012 reported in (2012) 7 SCC 769. By further order of the Honble Supreme Court dated 18.07.2018, the Tribunal was required to deal with the matter, though some aspec
