Pollution control board can impose eco relief, rules HC

Saurabh Malik

Tribune News Service

Chandigarh, January 21

The High Court has ruled that the Haryana State Pollution Control Board has the jurisdiction to impose environmental compensation on “polluter”, keeping in view the principles of “sustainable development” and its two important constituents “precautionary principle” and “polluter pays principle”. But assessment cannot be done in a vacuum without hearing the alleged polluter in accordance with the principles of natural justice.

The Bench of Justice Jaswant Singh and Justice Sant Parkash made it clear that the committee entrusted with the task of determining compensation was required to work on the basis of codified standard operating procedures. These, if not in place, could be issued by the state under the Water (Prevention and Control of Pollution) Act, 1974, and the Air (Prevention and Control of Pollution) Act, 1981.

The Bench added it would be impossible for such committees to work within a definitive parameter, in the absence of codified instruction. “If timelines are fixed and the manner of working and assessment are codified even by issuing instruction, such issues repeatedly engaging the courts’ attention could be substantially reduced..,” the Bench added.

The assertion came during the hearing of a petition by M/s Knorr Bremse India Pvt Ltd against the state and the Pollution Control Board. The Bench asserted it deemed it appropriate to direct the respondent authorities to address no less than eight issues in their reply to the contentions raised in the petition, including the manner of constituting committees and compensation assessment.

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