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Piramal Pharma Limited v/s Telangana State Pollution Control Board

    Appeal No. 1 of 2021

    Decided On, 11 January 2021

    At, National Green Tribunal Southern Zone Chennai

    By, THE HONOURABLE MR. JUSTICE K. RAMAKRISHNAN
    By, JUDICIAL MEMBER & THE HONOURABLE MR. JUSTICE SAIBAL DASGUPTA
    By, EXPERT MEMBER

    For the Appearing Parties: Wasim A Qadri, Anubhav Anand Aron, Sai Krishnan, Lakshmi Narasimhan, Advocates.



Judgment Text

1. When the matter came up for hearing for admission today through Video Conference, Sri. Wasim A. Qadri, Senior Advocate along with Sri. Anubhav Anand Aron represented the counsel for appellant/applicant and Sri Sai Krishnan and Sri. B. Lakshmi Narasimhan represented sole respondent. So service is complete.

2. The above appeal has been filed against the order passed by the respondent imposing environmental compensation as per Proceedings by order No. MDK-07/TSPCB/UH-V/TF/2016-1362 dated 09.12.2020 imposing an environmental compensation of Rs. 8,31,60,000/- (Rupees Eight Crore Thirty One Lakh and Sixty Thousand Only) for the alleged violations committed by them. In fact, even by the earlier proceedings similar amount was imposed and the appeals were filed by the appellant stating procedural violation and this Tribunal had set-aside the same and remanded the matter for proper consideration and ultimately the impugned order has been passed.

3. The appellant filed the appeal stating that none of the directions given have been considered by the authority before imposing the environmental compensation. But they have only reiterated the reason stated by them in an earlier order. However, we are not satisfied with the allegations made for challenging the order in the appeal memorandum. Though the order was passed under Section 33 A of water (Prevention and Control of Pollution) Act, 1974 Act and 31(A) of Air Act (Prevention and Control of Pollution) Act, 1981 but it can only be deemed to be an order passed only under Section 5 of the Environmental Protection Act, then the appeal will lie before this Tribunal.

4. The question of compensation can be awarded as directed by the Principal Bench of National Green Tribunal by only invoking power under Section 5 of the Environment Protection Act. So this is treated as order under Section 5 of the Environment Protection Act and as such the appeal can be entertained by this Tribunal under Section 5 (A) of the Environment Protection Act and also under Section 16 of the National Green Tribunal Act, 2010. So in order to give an opportunity to the other side to sustain the order, we feel that the appeal can be admitted.

5. The appellant is directed to serve a copy of the appeal memorandum to the standing counsel appearing for the respondent within a week and to produce proof of service by filing an affidavit as per rules.

6. The respondent is directed to submit their response to the allegations made in the appeal memorandum challenging the impugned order passed by them before the next hearing date.

I.A No. 01 of 2021

1. This is an application filed by the applicant to exempt the appellant from producing the certified copy of the impugned order dated 09.12.2020. Considering the reasons stated in the application, we allow the application and exempt the appellant from producing the certified copy of the impugned order. So the application is disposed of accordingly.

2. The appellant also prayed for an interim order for stay of recovery of the amount. The violations alleged to have been noted by the authorities are continuing since long time and even on the earlier occasions certain directions have been issued which according to the Pollution Control Board had not been complied with.

3. So under such circumstances we feel that instead of granting the blanket stay of recovering the amount, we feel it appropriate to grant a conditional stay of enforcing the order on condition that the appellant shall deposit 50 % of environmental compensation impugned within a period of two months with the Pollution Control Board and on such deposit, the Pollution Control Board is directed to deposit the amount in a Nationalised Bank for six months so that in case the amount has to be returned, then the appellant should be entitled to get interest accrued on the deposit.

4. The Pollution Control Board is also directed to produce the proof of deposit of the amount in a Nationalised Bank as directed by this Tribunal for a period of six months before the next hearing date.

5. The parties are at liberty to complete their pleadings and also submit their written submissions, if any required, in support of their cas

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e by serving copies on either side before the next hearing date on or before 02.03.2021 by e-filing in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF along with necessary hard copies to be produced as per rules. 6. The Registry is directed to communicate this order to the official respondents by e-mail immediately for their information and compliance. 7. For completion of pleadings and hearing the matter, post on 02.03.2021.
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