Violators Must Be Given Opportunity To Be Heard: NGT

(MENAFN- Kashmir Observer) New Delhi- The National Green Tribunal has observed that while imposing a fine for contravening environmental rules, the violators should be allowed to be heard besides informing them of the remedy to file an appeal.

The green body was hearing a matter where the Delhi Pollution Control Committee (DPCC) had imposed environmental compensation of Rs eight lakh on four illegal stone crushing units in Nilothi village here for causing air, noise and water pollution.

“The material placed before this tribunal shows that the DPCC had merely issued show cause notices to the violators imposing compensation of Rs 2 lakh on each of the four units and made reference to sub-divisional magistrate (SDM) Punjabi Bagh for recovery of the amount” a bench of judicial member Justice Arun Kumar Tyagi and expert member Afroz Ahmad said in an order dated November 22.

It said that the show cause notices for imposing EC were being treated as“final orders.”

“We are of the considered view that in such cases order imposing EC ought to be passed after giving an opportunity of filing reply, if any, and opportunity of being heard to the violators and while passing such orders the violators ought to be informed about the availability of remedy of filing of appeal against the same,” the tribunal said.

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