Important Case Laws
The important legal decisions taken by Hon’ble NGT for brick kilns, hotels and stone crushers during the period are as follows:
- Brick kilns: The Hon’ble NGT, EZB, Kolkata while adjudicating the brick kiln units operating in the State of Odisha vide O.A. No. 111/2015/EZ (Joydeep Mukherjee –Vrs- Odisha Pollution Control Board & Anr) have categorized the defaulter brick kiln units operating in the State of Odisha without consent of this Board into two groups , viz, Category – C i.e., those who had obtained consent to operate at some point of time, but continued to operate without renewal after expiry of its term, and, Category – D, i.e., those brick kilns which are operating without any consent at all right from the inception and fixed Environmental Compensation of Rupees 1 lakh upon those belonging to Category C and Rupees 1.5 lakh penalty was imposed upon those belonging to Category D and directed for depositing the said amount before the Board.
- Hotels: The Hon’ble NGT, EZB, Kolkata while adjudicating the Hotel units in the State of Odisha operating without consent of the Board in O.A. No. 53/2015/EZ (Biranchi Narayan Mohapatra–Vrs-State of Odisha & others) vide their order dtd. 23.09.2016 have categorized the defaulters Hotels as Category ‘A’ & Category ‘B’ and fixed the environmental compensation of Rs. 1 lakh for those falling in Category ‘A’ and Rs. 50,000/- for Category ‘B’. Category-‘A’ shall include those hotels which never obtained any consent from the PCB and had operated the hotel units illegally and Category-‘B’ shall include those hotels which had earlier possessed consent but expiry of the validity periods, it was never renewed and continued to operate even thereafter. The Environmental Compensation fixed above shall be deposited in the Board.
- Stone Crushers: The Hon’ble NGT, PB, New Delhi while adjudicating the stone crusher cases M/s. BVSR Construction Pvt. Ltd in the district of Ganjam in Appeal No. 97/2013- M. C. Rao –Vrs- Member Secretary, OSPCB & others have directed the Project Proponent to pay environmental compensation of Rs. 5,00,000/-(Rupees Five Lakhs) to the Collector, Gajapati district within 30 days of this order. The said amount would be used towards up gradation of the local Community Health Centre at Kashinagar with 5 additional beds will thereby increase to 21. The Collector will make a plan for health care to spend Rs. 5 Lakhs urgently and a compliance report regarding the same be filed before the Tribunal by 1st February 2017.