A view of National Green Tribunal office. File
| Photo Credit: Special arrangement
The National Green Tribunal (NGT) has issued notice to the Haryana State Pollution Control Board (HSPCB) in an appeal filed by the Freedom Park Society, Gurugram, challenging the penalty of ₹1.55 crore imposed as Environmental Compensation (EC) for fault in Sewage Treatment Plant (STP).
The appeal contests the order dated November 26, 2024, through which HSPCB levied a penalty of ₹1,55,62,500/- on the ground that when the sample was collected by Regional Officer Gurugram (HSPCB), in August 2022 the STP was damaged owing to stormwater flooded in STP.
It was argued by Advocate Sumit Gehlot that overflooding occurred in the whole Gurugram area in August 2022 and the problem arose in the STP due to the heavy rainfall and not because of any default on the part of his client.
Advocate Gehlot further argued that after the said natural calamity, his client immediately took all remedial measures and got the said STP repaired and thereafter it started working as per environmental norms and parameters and the same is established from the private lab test reports.
“However, despite that the HSPCB imposed the penalty for violation of 415 days, which is arbitrary and irrational and against the “Polluter Pay” principle laid down by the Supreme Court in its Judgements – ‘Indian Council for Eviro V/s. Union of India’ & ‘Vellore Citizens Welfare V/s. Union of India’,” he argued.
He further said his client could not have averted the said heavy rainfall and it cannot be penalised and held responsible by HSPCB by imposing a penalty of ₹1.55 crore owing to natural disaster and the same is liable to be set aside. The Freedom Park Society (Gurugram) is represented through Advocates Sumit Gehlot and T.S. Thakraon from Fidelegal Advocates & Solicitors.
Published – January 18, 2025 03:38 pm IST
