The National Green Tribunal (NGT) has issued notice to the Haryana State Pollution Control Board (HSPCB) in an appeal filed by the Freedom Park Society, Gurugram, challenging the penalty of ₹1.55 crore imposed as Environmental Compensation for fault in Sewerage Treatment Plant (STP).
The appeal contests the order dated November 26, 2024, through which HSPCB levied a penalty of ₹1,55,62,500 on the ground that when the sample was collected by Regional Officer, Gurugram (HSPCB), in August 2022, the STP was damaged due to stormwater flooded in STP.
It was argued by advocate Sumit Gehlot that over-flooding occurred in the whole Gurugram area in August 2022 and the problem arose in the STP due to the heavy rainfall and not because of any default on the part of his client.
Gehlot further argued that after the said natural calamity, his client immediately took all remedial measures and got the said STP repaired and, thereafter, it started working as per environmental norms and parameters and the same is established from the private lab test reports.
“However, despite that the HSPCB imposed the penalty for violation of 415 days, which is arbitrary and irrational and against the “Polluter Pay” principle laid down by the Supreme Court in its judgments - ‘Indian Council for Eviro V/s. Union of India’ & ‘Vellore Citizens Welfare V/s. Union of India’,” he argued.
{{/usCountry}}“However, despite that the HSPCB imposed the penalty for violation of 415 days, which is arbitrary and irrational and against the “Polluter Pay” principle laid down by the Supreme Court in its judgments - ‘Indian Council for Eviro V/s. Union of India’ & ‘Vellore Citizens Welfare V/s. Union of India’,” he argued.
{{/usCountry}}He further said that his client could not have averted the said heavy rainfall and it cannot be penalised and held responsible by the HSPCB by imposing a penalty of ₹1.55 crore due to natural disaster and the same is liable to be set aside.