Pollution board served NGT notice for imposing penalty on Gurugram society

The National Green Tribunal (NGT) has issued a notice and sought a reply from the Haryana State Pollution Control Board (HSPCB) in an appeal filed by Freedom Park Society, Gurugram, challenging the penalty of Rs 1.55 crore imposed as environmental compensation (EC) for a non-functioning sewerage treatment plant (STP). The pollution board, in its order on November 26, 2024, had imposed on the society a penalty of Rs 1,55,62,500, claiming that the STP at the housing society was not functioning when a team of the Gurugram HSPCB visited the society in August 2022 to collect samples.

Advocates Sumit Gehlot and TS Thakraon, on behalf of the society, contested that floods had occurred across Gurugram city in August 2022, and the problem with the STP was caused due to heavy rains and not due to any fault of the housing society.

They argued that, after the natural calamity, the society got the STP repaired, after which it was working as per environmental norms and parameters, which was also established in the lab test reports.

However, despite this, the HSPCB officials imposed the penalty, which was arbitrary and irrational and against the “Polluter Pay” principle laid down by the Supreme Court in various judgements, the lawyers maintained.

They told the court that the society could not have averted the heavy rainfall, therefore, it could not be penalised and held responsible by the HSPCB.