Item No.9 (Pune Bench)

BEFORE THE NATIONAL GREEN TRIBUNAL WESTERN ZONE BENCH, PUNE [THROUGH PHYSICAL HEARING (WITH HYBRID OPTION)]

APPEAL NO.18 OF 2025 (WZ)

I.A. NO.35 OF 2025 (WZ)

Ludovico Goveia …..Appellant Versus GCZMA & Anr. ….Respondents Date of hearing: 03.06.2025 CORAM: HON’BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER HON’BLE DR. VIJAY KULKARNI, EXPERT MEMBER Appellant : Mr. Parag S. Rao, Advocate along-with Mr. Shivshankar Swaminathan, Advocate.

Respondents : Mr. Shubham S. Priolkar, Advocate for R-1/GCZMA Mr. Ameya Kakodkar, Advocate along-with Mr. Pratik Rajopadhye, Mr. Ameya Ranade and Ms. Maithili Rane, Advocates for R-2.

ORDER

1. This appeal has been filed by the appellant, seeking quashing of the order dated 18.12.2024 passed by Respondent No.1- GCZMA, whereby a sum of Rs.39,47,16,000/- (Rupees Thirty Nine Crores Forty Seven Lakhs Sixteen Thousand Only), by way of an EDC amount, has been directed to be deposited, on the grounds that the said order is passed by Respondent No.1 in contravention to the provisions of the Environment (Protection) Act, 1986, which provides as below:-

“15. Penalty for contravention of provisions of Act, rules, orders and directions.—(1) Where any person contravenes or does not comply with any of the provisions of this Act or the rules made or orders or directions issued thereunder for which no penalty is provided, he shall be liable to penalty in respect of each such contravention which shall not be less than ten thousand rupees but which may extend to fifteen lakh rupees.

(2) Where any person continues contravention under sub-section (1), he shall be liable to additional penalty of ten thousand rupees for every day during which such contravention continues.

15A. Penalty for contravention by companies.—(1) Where any company contravenes any of the provisions of this Act, the company shall be liable to penalty for each such contravention which shall not be less than one lakh rupees but which may extend to fifteen lakh rupees.

(2) Where any company continues contravention under sub-section (1), the company shall be liable to additional penalty of one lakh rupees for every day during which such contravention continues.

15B. Penalty for contravention by Government Department.—(1) Where contravention of any of the provision of this Act has been committed by any Department of the Central Government or the State Government, the Head of the Department shall be liable to penalty equal to one month of his basic salary:

Provided that he shall not be liable for such contravention, if he proves that the contravention was committed without his knowledge or instructions or that he exercised all due diligence to prevent such contravention.

(2) Where any contravention under sub-section (1) is attributable to any neglect on the part of, any officer, other than the Head of the Department, the officer shall be liable to penalty equal to one month of his basic salary:

Provided that he shall not be liable for the contravention, if he proves that he exercised all due diligence to avoid such contravention.

15C. Adjudicating officer.—(1) The Central Government, for the purposes of determining the penalties under this Act, may appoint an officer not below the rank of Joint Secretary to the Government of India or a Secretary to the State Government to be the adjudicating officer, to hold an inquiry and to impose penalty in the manner, as may be prescribed:

Provided that the Central Government may appoint as many adjudicating officers as may be required.

(2) The adjudicating officer may—

(a) call upon any person alleged to have contravened or not complied with the provisions of this Act and the rules made thereunder or having the knowledge of the facts and circumstances of the case;

(b) require such person to produce any record, register or other document in his possession or any other document, which in the opinion of the adjudicating officer may be relevant to the subject-

matter.

(3) The adjudicating officer shall, after gi