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Judgment
This appeal has been preferred against order of DPCC dated 12.01.2023, levying environmental compensation of Rs. 10 Lakhs on ‘Polluter Pays’ principle for following violations:-
“1. Entire trade effluent generated from the anodising process was found being discarded without treatment into the public sewer.
Management of hazardous waste generated during printing activity was found not as per HW Rules.”
According to the impugned order, the appellant unit is manufacturing Aluminium label for energy meter with anodizing, screen printing and clear varnishing in non-conforming area of NCT Delhi, in violation of judgment of the Hon’ble Supreme Court in M.C. Mehta vs. Union of India & Ors., (2004) 6 SCC 588, and order of this Tribunal dated 05.08.2019 & 19.11.2019 in OA No. 601/2018 in the matter of “Mayank Manohar & Paras Singh, Reporter, the Times of India vs. Govt. of Delhi & Ors.”, in pursuance of the said judgment, prohibiting industrial activities in residential/non-conforming areas, in violation of the Master Plan of Delhi.
The appellant filed reply to the show cause notice as follows:
“1. My unit was effectively closed, electricity disconnected and premises sealed by the visited team on 24.08.2022 due to violation of environmental norms.
I have given no chance for the explanation about my working and officials applied the effective closure with the disconnection and sealing of my unit.
I am a senior citizen and financially very poor and have no earning source except the job work aluminum Labels.
Business Type:- (i) I was engaged in the activity of Job work for Aluminum Labels to earn the livelihood without anodizing, screen printing and varnishing.
(ii) During the inspection the material aluminum labels, paint and varnish which were found were the materials which I gave to another company for the processing of labels.
(iii) After knowing about the pollution control norms I come to know that my working/activity comes under white category and not in the red category which is also not allowed to operate in residential areas.
(iv) I was not aware about the fact that the pressing/embossing on aluminum sheet to produce the name plate is also the violation of environmental law. If I earlier knows about it then such miss-happening may not be happened.
I have decided to shut down the business and do not do the activity.
I will rent out my property to earn the livelihood and not do industrial activity.”
We have heard learned Counsel for the appellant.
Submission on behalf of the appellant is that the unit of the appellant is very small and the amount of compensation is disproportionate to the violation as well as financial capacity of the appellant. Appellant has referred to earlier orders of this Tribunal dated 01.07.2022 in Appeal No. 32/2022 titled as Sannu Enterprises versus CPCB & Ors., order dated 29.07.2022 in Appeal No. 36/2022 titled as Triveni Tanners vs. CPCB & Ors & order dated 20.12.2022 in Appeal no. 14/2022 titled as M/s New York Motors versus DPCC, wherein considering disproportionality of the compensation amount, the Tribunal reduced to quantum of compensation.
Following the above, having regard to extent of violation and financial capacity of the appellant and also the undertaking of the appellant that it will not continue the unit in future, we direct that the compensation be reduced to Rs. 2.5 lakhs, if the unit is closed and no pollution takes place in future.
Since the above order is being passed without notice to DPCC, it will open to DPCC to move this Tribunal, if aggrieved.
The appeal is disposed of.
A copy of this order be forwarded to DPCC by e-mail for compliance.