National Green Tribunal: In an appeal stemming out of a tragic incident, a boiler explosion at the appellant’s factory, resulting in casualties, a division bench comprising of B. Amit Sthalekar, J., and Dr. Arun Kumar Verma (Expert Member), found the show-cause notice, demanding the appellant to file objections against the determination of Environmental Compensation amounting to Rs. 39,25,000 due to the operation of their unit without a valid Consent to Operate, lacking in detail regarding the computation of Environmental Compensation and directed the State Pollution Control Board to provide the methodology within 15 days.
In the instant matter, the NGT took cognizance based on a news item published in India Today on 26-12-2021, regarding the boiler explosion. The NGT constituted a Joint Committee to investigate and ordered the payment of compensation to the victims’ families and injured parties. The appellant, M/s Anshul Snacks & Beverages (P) Ltd., challenged a Show Cause Notice issued on 07-01-2022 by the Bihar State Pollution Control Board, which demanded the appellant to file objections against the determination of Environmental Compensation amounting to Rs. 39,25,000 due to the operation of their unit without a valid Consent to Operate.
The NGT held that the amount deposited under the Workmen’s Compensation Act were specifically for deaths and accidents caused by the boiler blast and cannot be offset against Environmental Compensation, which pertains to violations of environmental norms. Regarding the adequacy of the Show Cause Notice, the NGT observed that it lacked a breakdown of the Environmental Compensation figure and the methodology used for its calculation. Consequently, the Appellant could not effectively respond to the notice.
The NGT disposed of the appeal, instructing the Bihar State Pollution Control Board to provide the computation methodology to the appellant within 15 days, and the appellant to respond within a further 15 days. The NGT directed the State Pollution Control Board to consider the appellant’s response and pass a final order accordingly. No costs were awarded. Interlocutory applications were also disposed of accordingly.
[Anshul Snacks & Beverages (P) Ltd. v. Bihar State Pollution Control Board, 2024 SCC OnLine NGT 237, order dated 01-04-2024]
Advocates who appeared in this case :
Mr. Sibojyoti Chakraborty, Counsel for the Appellants
Ms. Amrita Pandey, Counsel for the Respondent No. 1
