“Compensation Awarded For Damage To Environment”: Supreme Court Directs Purvankara Limited To Deposit 5.5 Crores To Tamil Nadu PCB

The Supreme Court bench comprising Justice Sanjiv Khanna and Bela M. Trivedi heard an appeal against NGT, Chennai bench judgment which had directed a Chennai-based private builder company to pay 5.5 crores for violation of environmental laws. The Apex court observed that “Compensation is awarded for non-compliance as well as damage to the environment”.

It directed Purvankara projects to deposit 5.50 crores with Tamil Nadu Pollution Control Board on or before 30th October 2023. Purvankara Ltd. shall also make compliances with directions issued in impugned judgment from their own sources. The pollution control board shall file a status report by 31st January 2024.

The court strictly remarked that “you've taken everyone for a ride and have committed several violations. Bring your actions in compliance with the environmental guidelines”

BACKGROUND OF THE CASE

In 2008, Puravankara Projects Limited obtained environmental clearance for the construction of a residential apartment complex named Provident Cosmo City at Pudupakkam in Chengalpet with 1,184 units. An application was filed before NGT, Southern Zone where it was alleged that Purvankara Limited had committed some violations of environmental laws. Though environment clearance was directed to be kept in abeyance in respect of this project, they had proceeded with the construction and completed the project.

The sewage treatment plant was established originally for the consented capacity of 1184 units alone but now they were using the same for the expanded project, thereby causing a lot of pollution Further, the STP was not provided in the location and it is against the siting criteria provided by the Tamil Nadu Pollution Control Board. In view of the same, Purvankara Ltd. was liable to pay an Environmental Compensation of Rs.5,50,00,000. The applicant Arvind Kumar Agarwal had filed a review petition to refer to certain objections which were rejected by Joint Committee formed by NGT. After rejection, the applicant approached the Supreme Court court while Purvankara Ltd had preferred an appeal against NGT judgment directing them to pay fine.

ARVIND KUMAR AGRAWAL AND ORS. v. THE CHIEF SECRETARY TO GOVERNMENT OF TAMIL NADU AND ORS., Diary No. 42318-2022

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