The Lucknow Bench of the Allahabad High Court, comprising Justices Attau Rahman Masoodi and Subhash Vidyarthi, recently quashed 178 environmental compensation orders issued by the Uttar Pradesh Pollution Control Board. These orders had assessed monetary penalties on various entities for alleged environmental violations. In its detailed ruling, the court clarified that such Power lies exclusively with the National Green Tribunal under the Central enactment governing environmental harms—not with state-level regulatory boards.
The dispute originated when the Pollution Control Board issued compensation and closure directives against several industrial units. The affected parties challenged these orders before the High Court, arguing that the Board lacks statutory authority to determine and enforce monetary compensation, since the governing Water and Air Acts empower it only to issue administrative directions and oversee permit compliance. The court agreed, holding that the Board must channel environmental compensation claims through the National Green Tribunal, which has been specifically endowed with adjudicatory powers under its enabling statute.
The Court emphasized that any environmental compensation regime must follow the due process outlined in the National Green Tribunal Act. Under this federal framework, only the Tribunal has jurisdiction to adjudicate harm to the environment and determine suitable compensation following established guidelines. By contrast, the UP Board’s unilateral action bypassed the judicial adjudication framework, breaching principles of natural justice and overstepping its mandate.
Drawing upon a prior Allahabad High Court decision, the bench reaffirmed that state Pollution Control Boards are not permitted to delegate or assume quasi‑judicial authority to assess and enforce penalties—such powers must either be specifically conferred by Parliament or fall under the NGT's jurisdiction. The High Court cited cases where boards had issued penalties but were later held unenforceable due to the absence of procedural safeguards and appellate remedies.
By setting aside all impugned orders, the court directed that any future actions by the Board against alleged polluters must involve filing applications with the National Green Tribunal under the relevant sections of the Act. This approach ensures that industrial entities are subject to a structured adjudicatory process, including evidence presentation, hearing rights, and appellate review—protections missing in the Board’s direct orders.
This ruling reinforces the constitutional separation between regulatory enforcement and judicial adjudication. While state boards continue to play a central role in monitoring pollution, granting permits, and ensuring compliance, compensatory measures and penalties must be determined through the formal judicial process. The High Court’s decision reaffirms both statutory architecture and environmental jurisprudence, mandating that policymakers and regulators align their enforcement procedures with the framework laid down by Parliament.
0 Comments
Thank you for your response. It will help us to improve in the future.