Thursday, June 8, 2023

NGT refuses to interfere in CPCB’s Rs 37.2 lakh fine on Nutra Specialities

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New Delhi: The Chennai bench of the National Green Tribunal (NGT) has said that it does not wish to interfere in the Rs 37.2 lakh fine imposed by the Central Pollution Control Board (CPCB) on Nutra Specialities Pvt. Ltd. The NGT disposed off the appeal by the company which has been deemed polluting.

The company had appealed to the NGT against the CPCB order.

The NGT said in its order: “We do not find any reason to interfere with the order passed by first respondent (Central Pollution Control Board) imposing environmental compensation of Rs 37.20 lakh against appellant, especially when appellant is one of the 17 categories of most polluting industries and dealing with pharmaceutical items and continuing operation illegally inspite of the ‘closure’ direction issued by first respondent.”

The case of the appellant Company is that a show-cause notice dated 27.5.2015 issued on account of non-installation of on-line emission effluent monitoring system and appellant took steps for the compliance and sent replies dated 2.11.2015 and 14.3.2016, requesting more time and enclosed related documents regarding installation of on-line monitoring system in their unit.

By another letter dated 23.8.2016, they informed CPCB that they had already procured Flow Meters and Web Cameras and they would be installed shortly and they were in the process of setting up of a new ETP for their industry, replacing the old one and requested to cancel the ‘closure’ notice.

However, on application before the National Green Tribunal, Principal Bench, New Delhi against several industries, including appellant, as 15th respondent in that case for imposition of penalty for not closing their industry as per the ‘closure’ order dated 27.7.2016 as O.A.No.256 of 2017 directions issued vide proceedings dated 9.4.2019 and CPCB imposed an environmental compensation of Rs 85.50 Lakhs against the appellant unit without issuing show cause notice or opportunity was given to appellant.

The appellant Co. filed an appeal and Principal Bench of the National Green Tribunal, New Delhi, by order dated 21.8.2019, directed the CPCB (first respondent) to treat the impugned order, as a ‘preliminary order’ and after considering the objections of appellant, pass appropriate final orders in the matter in accordance with law. Thereafter, the CPCB passed an order dated 11.11.2019 imposing environmental compensation of Rs 37.20 lakhs.

Read the order here;


-India Legal Bureau

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