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Judgment
This Original Application (hereinafter referred to as ‘O.A.’) has been filed under Sections 14, 15 and 18 of National Green Tribunal Act, 2010 (hereinafter referred to as “NGT Act, 2010”) with following prayers:
a) To set aside the wrongly imposed exorbitant penalty & Environment Damage Assessment Cost to the tune of Rs. 1,60,00,000/ - (Rupees One Crore and Sixty Lakh only) vide Order dated 24.03.2023 by the Respondent No. 1;
b) To declare that the order dated 24.03.2023 passed by the Respondent No. 1 are contrary to the SOP and in violation of the Polluter Pays Principle and principles of natural justice;
c) To direct Respondent No. 1 to refund the amount of Rs. 1,60,00,000J- (Rupees One Crore and Sixty Lakh only) so deposited by the Applicant under protest;
When we questioned as to how an O.A. under sections 14 and 15 against an order dated 24.03.2023 passed by State Environment Impact Assessment Authority, Haryana imposing environmental compensation is maintainable, learned Counsel appearing for Applicant drew our attention to section 16(h) stating that neither he is coming against the order granting Environmental Clearance (hereinafter referred to as “EC”) nor rejecting EC and, therefore, clause (h) is not applicable and there is no other provision under which appeal lie.
He says that application is maintainable under section 14 of NGT Act, 2010.
The contention is totally misconceived. Section 14 provides that Tribunal shall have jurisdiction over all civil cases where a substantial question relating to environment, including enforcement of any legal right relating to environment is involved and such question arises out of the implementation of the enactments specified in Schedule I. Here Applicant is not invoking any jurisdiction relating to environment but is concerned with a particular statutory order passed by Respondent 1 imposing environmental compensation and therefore, section 14 does not come into picture at all.
Further contention that there is no provision permitting appeal and Punjab and Haryana High Court by order dated 17.04.2023 while permitting applicant to approach this Tribunal and disposed of writ petition entitled him to approach this Tribunal, we find that on this day when High Court passed order passed there was limitation available to Applicant for filing Appeal under section 16(g) of NGT Act, 2010 which Applicant did not and allowed the entire period of limitation as also the maximum permissible condonable period expire. He has filed this O.A. only on 23.08.2023. For this reason, we are not able to even convert this OA in appeal and hear the matter.
In the circumstances, the application is not maintainable and hence dismissed.