The order was passed on Friday while dismissing Appeal No. 08/2025 (CZ), filed against the MPPCB’s compensation directive. The bench comprising Justice Sheo Kumar Singh and expert member Sudhir Kumar Chaturvedi found no legal infirmity in the pollution board’s action and ruled that the penalty was justified under environmental law.
The case relates to a joint inspection conducted on December 20, 2023, at the Prospera multi-storey residential complex in the Bagmugalia area of Bhopal. During the inspection, authorities found that the sewage treatment plant (STP) at the premises was non-functional, resulting in untreated sewage flowing outside the complex. The tribunal held that this amounted to a clear violation of the Water (Prevention and Control of Pollution) Act and the Air (Prevention and Control of Pollution) Act.
In its detailed findings, the NGT rejected the argument that statutory environmental responsibilities could be shifted through a tripartite agreement. It observed that the project operator had also failed to obtain the mandatory “Consent to Operate” (CTO) at the time of inspection, further strengthening the case for regulatory action.
Applying the “polluter pays” principle, the tribunal ruled that environmental accountability cannot be diluted by contractual arrangements and that the entity responsible at the time of violation must bear the cost of environmental damage. It concluded that the compensation assessed by the MPPCB was lawful, proportionate and aligned with established environmental jurisprudence.
The tribunal has directed that the compensation amount be deposited with the pollution control board within 30 days of the order. It clarified that if the amount is not paid within the stipulated period, the board is at liberty to initiate recovery proceedings in accordance with law. The funds, the order noted, will be utilised exclusively for environmental restoration and remediation measures.
The ruling reinforces the NGT’s consistent stance on strict enforcement of environmental norms, particularly in urban areas where untreated sewage and poor waste management continue to pose serious public health and ecological risks. The decision also sends a clear message to civic bodies that compliance with pollution control standards is non-negotiable.
