National Green Tribunal refuse relief to UP Jal Nigam, it will have to deposit Rs 1 crore as Environmental Compensation with the Central Pollution Control Board for illegal permission granted by the Principal Secretary, Urban Development, for release of large quantity of untreated sludge and effluents directly into river Ganga on the ground of cleaning trunk sewer.
A bench led by Chairperson Justice Adarsh Kumar Goel dismissed the review petition filed by the Board against the order passed by the tribunal on November 15. The board contented that "Certain facts could not `be placed before the Tribunal at the time when the order was passed. It is contended that the action was permissible in view of the prevailing circumstances under Section 24(3) of the Water (Prevention and Control of Pollution) Act, 1974. In view of the bonafide action, the applicant is also protected under Section 24 (2) (a) of the Water (Prevention and Control of Pollution) Act, 1974.
The tribunal said "We are of the view that there is no merit in this application in as much
as the factual position set out by the applicant with regard to the unlawful action of the Jal Nigam has been dealt with in detail in the impugned order, apart from it being deliberated at length during the course of the hearing. The permission granted by the Principal Secretary, Urban Development does not fall within the provision of Section 24 (3) of the Water (Prevention and Control of Pollution) Act, 1974 as would be evident from a bare reading of the very provision. In the above the review application stands dismissed