Order of the National Green Tribunal on payment of compensation by a unit, Delhi, 28/09/2020

  • 28/09/2020

Order of the National Green Tribunal in the matter of Rishabh Kumar Jain Vs Delhi Pollution Control Committee & Others dated 28/09/2020.

This Appeal was filed against the order of the Delhi Pollution Control Committee (DPCC) requiring Rishabh Kumar Jain to pay compensation of Rs. 5 Lakhs on ‘Polluter Pays’ principle. According to the impugned order, the appellant was carrying on industrial activity in nonconforming area without requisite consent to operate under the Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981, as per record of the East Delhi Municipal Corporation (EDMC).

In defence, the Appellant has said that the DPCC did not take into account the reply given December 20, 2019 - whereby it was stated that no industrial activity was being carried out and only trading activity was being carried out, under a valid trade license.

The NGT, taking into consideration the above statement directed the DPCC to give a response on the matter before January 19, 2021. Till then, the amount assessed as compensation should not be recovered.