because initially Respondent No.2 was falling under Green Category and the Plant was being run by it without Consent to Operate. Therefore, 01.07.2021 (when the RMC Plant was commissioned) is taken to be the date for determining the calculation of EDC. On that date, the application was moved by Respondent No.2 for the first time to obtain Consent to Operate, which was rejected on 10.05.2022. Even then Respondent No.2 continued to operate its unit till 07.10.2024 under the Green Category. So, total number of days of violation under the Green category come to 1195 days and for that period, the amount of EDC is calculated to the tune of Rs.89,62,500/- (Rs. Eighty Nine Lakh Sixty Two Thousand Five Rupees Only). Thereafter, a Circular was issued by the MPCB on 08.10.2024, pursuant to which Respondent No.2 fell under Orange Category and in that Category, it continued its operations from 08.10.2024 till 14.12.2024 (when the electricity was ordered to be disconnected). Therefore, total days of violations under Orange Category come to 68 days. The amount of EDC, which has been calculated by the MPCB against Respondent No.2 for this period, stands at Rs.8,50,000/(Rs. Eight Lakh Fifty Thousand Only). Hence, total amount of Environmental Damage Compensation (EDC) calculated to the tune of Rs.89,62,500/- + Rs.8,50,000/- = Rs.98,12,500/- (Rs. Ninety-eight Lakh, Twelve Thousand Five Hundred Only) to be levied from Respondent No.2. The said amount of calculation is not being opposed by learned counsel for the applicant.
