Tribunals and CommissionsFull Bench(2023) 05 NGT CK 0019

M/s Mak Hosiery vs Uttar Pradesh Pollution Control Board & Anr

National Green Tribunal · Decided on 17 May 2023

HON’BLE JUDGES
Adarsh Kumar Goel, CP · Sudhir Agarwal, JM · Dr. A. Senthil Vel, EM
RESULT
Disposed Of
CASE NUMBER
Appeal No. 09 Of 2023

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Judgment

5 paragraphs · 163 words
1.

This appeal is against order of the UP State PCB dated 15.04.2023 requiring the appellant to pay compensation of Rs. 7 lakhs for violation of environmental norms for which show cause notice was given on 25.11.2022.

2.

We have heard learned Counsel for the appellant. Submission on behalf of the appellant is that apart from the fact that alleged show cause notice was never served, there is nothing to show violations. Mere issuance of show cause notice cannot be treated as determination of compensation. According to the appellant, the unit is fully compliant.

3.

In view of above, without expressing any opinion on merits, we direct the State PCB not to take any coercive measures based on above order without specifying the violations and giving reasonable opportunity to the appellant to respond thereto. The matter may be finalised preferably within two months.

The appeal is disposed of accordingly.

A  copy  of  this  order  be  forwarded  to  State  PCB  by  e-mail  for compliance.