Partly allowed

Rungta Industries Pvt. Ltd. v. Uttar Pradesh Pollution Control Board

NGT22 May 2024Appeal No. 13/2024

Case brief

AI extract

What is this about?

The National Green Tribunal, New Delhi, partly allowed the appeal filed by Rungta Industries Pvt Ltd against the Uttar Pradesh Pollution Control Board's order imposing environmental compensation. The Tribunal reduced the compensation from Rs. 60,000 to Rs. 24,000 and directed the refund of the excess amount.

What did the court decide?

Quantum of environmental compensation reduced to Rs. 24,000; excess amount of Rs. 36,000 to be refunded within one month.

Rungta Industries Pvt. Ltd. vs Uttar Pradesh Pollution… — Environment and Pollution | NGT (2024)

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(Court No. 2)

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Item No.6

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPALBENCH, NEW DELHI.

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Appeal No.13/2024

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Rungta Industries Pvt Ltd …Applicant

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Versus

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Uttar Pradesh Pollution Control Board …Respondent

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Date of hearing: 22.05.2024

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CORAM: HON’BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER. HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER.

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Appellant: Ms. Samridhi S. Jain and Mr. Chaitanya Dixit, Advocates for Appellant. Respondents: Mr. Pradeep Misra and Mr. Daleep Dhyani, Advocates for UPPCB

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ORDER

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Present appeal under Section 16 (c) of the National Green Tribunal Act, 2010 read with Section 33 B (c) of the Water (Prevention and Control of Pollution) Act, 1974 (hereinafter referred to as ‘Water Act, 1974’ ) has been preferred by M/s. Rungta Industries Pvt. Ltd, registered office at Sector-15, GIDA, P.O. Sahjanwa, District-Gorakhpur, assailing order dated 30.01.2024, whereby, Chief Environmental Officer, Circle 6, Uttar Pradesh Pollution Control Board (hereinafter referred to as ‘UPPCB’ ) has imposed environmental compensation of Rs. 60,000/- computing it at the rate of Rs. 10,000/- per day for six days i.e. 23.08.2023 to 26.08.2023 and 06.11.2023 to 07.11.2023 and also has issued other directions to the appellant under Section 33 B (c) of Water Act, 1974 with regard to use of treated water in the

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premises itself and to comply with the conditions of consent granted under Water Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981 (hereinafter referred to as ‘Air Act, 1981’ ).

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Learned counsel for the appellant initially raised the argument that impugned order has been passed illegally as much as the procedure laid down in Section 21 (3) for colleting samples from premises of appellant has not been followed but finding it difficult to sustain above submissions since in reply dated 26.10.2023 submitted to Show Cause Notice dated 06.10.2023, only issue raised was that copy of the sample was not given to appellant, though there is no such requirement in law, she confined challenge to the quantum of environmental compensation. She argued that computation of environmental compensation at Rs. 10,000/- per day is highly excessive, arbitrary and without any basis. She contended that ignoring the quantity of effluent being discharged by appellant and other relevant factors, computation of environmental compensation by uniformly applying the rate of Rs. 10,000/- per day, UPPCB has acted illegally and arbitrarily.

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On being questioned Sh. Pradeep Mishra, could not place anything to show as to how rate of Rs. 10,000/- per day has been applied in the case. It is pointing out that continued discharge of effluent is 14 KLD (i.e., 14,000 ltr per day) only.

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Considering the entire facts and circumstances and with consent of both counsel for parties, we partly allow appeal, modify impugned order dated 30.01.2024 and reduced the quantum of environmental compensation to Rs. 24,000/- by computing it at Rs. 4,000/- per day.

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It is admitted that entire amount of Rs. 60,000/- has already been deposited by the appellant, therefore, the excess payment made by the appellant shall be refunded by the respondent, UPPCB within one month.

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The appeal is partly allowed accordingly.

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Sudhir Agarwal, JM

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Dr.Afroz Ahmad, EM May 22, 2024 Appeal No. 13/2024 PU

Rungta Industries Pvt. Ltd. v. Uttar Pradesh Pollution Control Board

Case brief

What is this about?

What did the court decide?

Rungta Industries Pvt. Ltd. v. Uttar Pradesh Pollution Control Board

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

Parties & counsel

Coram

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