Mantri Espana v. Regional Officer Office Of The Regional Office Karnataka State Pollution Control Board
2021-01-07
ABHAY S.OKA, SACHIN SHANKAR MAGADUM
body2021
DigiLaw.ai
ORDER : 1. Heard the learned counsel appearing for the petitioner. Notice has already been issued to the respondents. 2. The petitioner is a registered Association of apartment owners of the apartments which are the subject matter of this petition. The first notice under challenge in this writ petition is dated 4th December 2019 at Annexure-A. Based on the analysis reports of collected samples of treated sewage, the petitioner was directed to pay Environmental Compensation of Rs.10 Lakhs as per the order of the National Green Tribunal dated 6th December 2018. The second challenge in this writ petition is to Annexure-C which is a show-cause notice which refers to the reply dated 13th December 2019 submitted by the petitioner to the notice at Annexure-A by which, the petitioner had called upon the Karnataka State Pollution Control Board (for short ‘the said Board’) to withdraw the said notice. However, in the notice at Annexure-C, it is stated that the petitioner is liable to pay Environmental Compensation charges of Rs.5 Lakhs within fifteen days. The petitioner was called upon to show cause why the said Board should not issue directions under Section 33(A) of the Water (Prevention and Control of Pollution) Act, 1974 (for short ‘the Water Act’). The next challenge is to Annexure-D which contains directions issued under Section 33(A) of the Water Act which proceeds on the footing that the petitioner has not paid the Environmental Compensation Charges of Rs.5 Lakhs within fifteen days. Further challenge is to Annexure-F dated 18th March 2020 by which, sample collection charges of Rs.5,735/-were demanded. The challenge is on the ground that the said letter mentions that the sample was found to be not conforming to the stipulated standards. 3. Another challenge is to the communication dated 2nd September 2020 by the said Board at Annexure-J by which, the petitioner was informed that the application for renewal of Consent for Operation filed by the petitioner will not be considered unless a sum of Rs.10 Lakhs towards Environmental Compensation Charges is paid. A prayer is also made seeking a direction to the said Board to decide the application dated 21st May 2020. 4.
A prayer is also made seeking a direction to the said Board to decide the application dated 21st May 2020. 4. After having heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents, we find that the genesis of the issue is the demand made by the said Board for payment of Environmental Compensation of Rs.10 lakhs/5 lakhs. Perusal of Annexures-A, C and E show that the Board never gave an opportunity of being heard to the petitioner before determining the liability, if any, of the petitioner to pay the Environmental Compensation Charges. Moreover, the petitioner was not granted an opportunity of being heard on the Analysis Reports of the samples collected on 23rd August 2018 and 16th April 2019. The direction under Section 33(A) of the Water Act was issued on account of non-payment of the Environmental Compensation charges. 5. As regards Annexure-F, recovery of charges of analysis of sample cannot be made from the petitioner on the footing that the analysis results are not conforming the stipulated standards. The issue whether the analysis results are non conforming can be ascertained only after giving an opportunity to the petitioner. 6. In the circumstances, the direction issued which is at Annexure-D, the demand made at Annexure-F and the requisition made at Annexure-G will have to be set aside with a direction to the said Board to give an opportunity of being heard to the petitioner on the issue of liability to pay the Environmental Compensation Charges. 7. Accordingly, we pass the following order: (i) The notice of demand dated 4th December 2019 at Annexure-A shall be treated as a show-cause notice.
7. Accordingly, we pass the following order: (i) The notice of demand dated 4th December 2019 at Annexure-A shall be treated as a show-cause notice. It will be open for the petitioner to file a detailed reply to the same within a period of six weeks from today; (ii) After giving an opportunity of being heard to the petitioner, the Competent Authority of the said Board shall pass appropriate order within a period of four months from today; (iii) If while passing the appropriate order, it is held that the petitioner is liable to pay any amount by way of Environmental Compensation charges, the demand shall not be enforced for a period of fifteen days from the date of communication of the order to the petitioner; (iv) Consequently, the direction issued under Section 33(A) of the Water Act (Annexure-C), the demand made by the letter dated 18th March 2020 (Annexure-F) and the demand made by the letter dated 2nd September 2020 (Annexure-J) are hereby set aside; (v) After appropriate order is passed by the Competent Authority and after completion of fifteen days from the date of service of the order of the Competent Authority on the petitioner, it is open for the said Board to take appropriate action, if any, against the petitioner including action under Section 33(A) of the Water Act. It will be also open for the Board to make a demand for payment of sample collection charges against the petitioner; (vi) All issues are left open to be decided by the Competent Authority of the said Board; (vii) Needless to add that the said Board shall consider the application dated 21st May 2020 at Annexure-"G" in accordance with law as expeditiously as possible and in any event, within a period of four months from today; (viii) The writ petition is disposed of on the above terms.