Order of the Supreme Court of India regarding environmental compensation imposed on an unit in a residential area, Uttar Pradesh, 12/03/2021

  • 12/03/2021

Order of the Supreme Court of India in the matter of Shamshul Haq Vs Uttar Pradesh Pollution Control Board & Others dated 12/03/2021.

The appellant, Shamshul Haq ran a unit engaged in washing/dyeing jeans in a  residential area.  

The Uttar Pradesh Pollution Control Board (UPPCB) directed the closure of the unit on September 30, 2019. As there was violation of Water Act 1974 for the period between April 26, 2019 to September 5, 2019 the Chief Environment Officer of UPPCB levied environmental compensation of Rs. 13,30,000/- on the unit.

The appellant has approached the SC for reducing the rate of environmental compensation. The counsel for the appellant has said that the environmental compensation can be fixed at a rate in the range of 100 to 500. In finalizing the compensation by 13,30,000/- the rate applied was 250.

The SC directed that the rate for fixing the environmental compensation be fixed at 100 instead of 250 and on that basis the appellant was directed to pay an amount of Rs.5,32,000/- as environmental compensation.