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Pollution control board can impose eco relief, rules HC

Saurabh Malik

Press Reporter News Service

Chandigarh, January 21

The Excessive Court docket has dominated that the Haryana State Air pollution Management Board has the jurisdiction to impose environmental compensation on “polluter”, protecting in view the rules of “sustainable improvement” and its two essential constituents “precautionary precept” and “polluter pays precept”. However evaluation can’t be accomplished in a vacuum with out listening to the alleged polluter in accordance with the rules of pure justice.

The Bench of Justice Jaswant Singh and Justice Sant Parkash made it clear that the committee entrusted with the duty of figuring out compensation was required to work on the idea of codified commonplace working procedures. These, if not in place, may very well be issued by the state underneath the Water (Prevention and Management of Air pollution) Act, 1974, and the Air (Prevention and Management of Air pollution) Act, 1981.

The Bench added it could be unimaginable for such committees to work inside a definitive parameter, within the absence of codified instruction. “If timelines are fastened and the way of working and evaluation are codified even by issuing instruction, such points repeatedly participating the courts’ consideration may very well be considerably decreased..,” the Bench added.

The assertion got here through the listening to of a petition by M/s Knorr Bremse India Pvt Ltd towards the state and the Air pollution Management Board. The Bench asserted it deemed it acceptable to direct the respondent authorities to deal with a minimum of eight points of their reply to the contentions raised within the petition, together with the way of constituting committees and compensation evaluation.

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