ORDER

1. The State Pollution Control Board Respondent No. 3 vide order dated 02.01.2024, issued a notification as follows:-

“ d. No Environmental Compensation would be levied for the Back Period for which Consent to operate has been regularised.

e. …..

f….

g….

it is further clarified that this dispensation would also be applicable in case where demand of Environmental Compensation raised on account of “Back Period” is yet to be deposited”

2. The contention of the Learned Counsel for the appellant are that the above notification is in violation of Environment (Protection) Act, 1986 , Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981 and order passed by this Tribunal in Original Application No. 606/2018.

3. It is further argued that it is in violation of order of Hon’ble the Supreme Court of India reported in 1996 A.I.R. S.C.W., page 3399, Vellore Citizens Welfare Forum Appellant Vs. Union of India & Ors. Respondent.

4. Notices were issued to the Respondents and in compliance thereof, Respondents have filed their reply. A report/expert report and opinion was called from the Regional Director, CPCB, Bhopal, Integral Office and he ha