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Judgment
This Appeal has been preferred against order of the U.P. State PCB dated 31.08.2022 levying environmental compensation of Rs. 3,37,500/-for discharge of the effluent not conforming to the norms and thus causing water pollution. After passing of the said order, recovery certificate to recover the amount was issued.
Case of the appellant is that its capacity is only 12 hides per day. It exceeded prescribed norms slightly but thereafter the same was remedied. The unit is very small and amount of compensation is disproportionate to the alleged violation.
Considering the submissions of the appellant that violation is insignificant and that the appellant did not have adequate opportunity to put forward its view point, we consider it to be in the interest of justice to direct the State PCB to revisit the amount of compensation.
We permit the appellant to put forward its view point before the State PCB within one month from today.
Pending fresh order, the impugned order may not be given effect to subject to the appellant depositing a sum of Rs. 50,000/- with the State PCB within one month as interim compensation, to be used for restoration of environment in a time bound manner, instead of being kept unutilised with the Board.
The Appeal is disposed of.
Since we have not found it necessary to issue notice in the facts and circumstances of the case, if the state PCB is aggrieved, it will be at liberty to move this Tribunal.
A copy of this order be forwarded to the State PCB by email for compliance.
I.A. No. 241/2022 also stands disposed of.