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Judgment
This Appeal has been preferred against order of the U.P State PCB dated 01.09.2021 levying environmental compensation of Rs. 4,25,000/-on the ground that at the time of inspection conducted on 19.02.2021, the discharge of the effluent was not found to be conforming to the norms and thus water pollution was caused. After passing of the said order, recovery certificate has been issued requiring the Collector Kanpur to recover the amount.
Case of the appellant is that its capacity is only 2.5 hides per day. It did exceed prescribed norms slightly but thereafter the same was remedied. The unit is very small and amount of compensation is disproportionate to the alleged violation. According to recommendation dated 08.03.2022 by the Regional Officer, compensation should have been only for three days to the extent of Rs. 37,500/-.
Though none appears, we have considered the matter.
Considering the submissions of the appellant that violation is insignificant, extent of violation has not been specified, in absence thereof, 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. 158/2022 also stands disposed of.