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NATIONAL GREEN TRIBUNAL BHOPAL (CENTRAL ZONE BENCH)
HON’BLE MR. SHEO KUMAR SINGH, J, HON’BLE DR. AFROZ AHMAD, ACJ
Tahir Hussain – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. notification issued by state pcb regarding environmental compensation. (Para 1) |
| 2. violation of environmental laws by the notification. (Para 2 , 3) |
| 3. arguments and observations from state pcb and cpcb. (Para 4 , 5 , 6 , 7 , 9) |
| 4. state pcb justification for charging back period fees. (Para 10 , 12 , 14) |
| 5. judicial precedents on polluter pays principle. (Para 15 , 20 , 21) |
| 6. complicity of authorities in environmental degradation. (Para 22 , 23) |
| 7. ruling against retrospective consent and adherence to environmental laws. (Para 24 , 25 , 26) |
| 8. directives for compliance of environmental laws. (Para 27) |
| 9. order for litigation costs to the appellant. (Para 28) |
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 notifi
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