New Delhi [India], January 21 (HBTV): The National Green Tribunal (NGT) has issued a notice to the Haryana State Pollution Control Board (HSPCB) in response to an appeal filed by the Freedom Park Society, Gurugram. The appeal challenges the penalty of INR 1.55 crore imposed as Environmental Compensation (EC) for faults in the Sewerage Treatment Plant (STP).

The appeal contests an order dated November 26, 2024, through which the HSPCB levied a penalty of INR 1,55,62,500 on the grounds that the STP was found damaged when samples were collected by the Regional Officer, Gurugram (HSPCB), in August 2022. The damage was attributed to stormwater flooding in the STP.

Advocate Sumit Gehlot, representing the Freedom Park Society, argued that the flooding occurred across Gurugram in August 2022 due to heavy rainfall. He stated that the issues with the STP were caused by this natural calamity and not by any fault on the part of his client.

Gehlot further emphasized that after the natural disaster, his client promptly took remedial measures to repair the STP, which then began functioning in compliance with environmental norms and parameters. He highlighted that private lab test reports support this claim.

“Despite this, the HSPCB imposed the penalty for a violation spanning 415 days. This action is arbitrary, irrational, and against the 'Polluter Pays' principle laid down by the Supreme Court in its judgments in Indian Council for Enviro v. Union of India and Vellore Citizens Welfare v. Union of India,” Gehlot argued.

He contended that the heavy rainfall was an unavoidable natural disaster, and his client cannot be held responsible or penalized with an INR 1.55 crore fine. The appeal seeks to have the penalty set aside.

The Freedom Park Society, Gurugram, is represented by Advocates Sumit Gehlot and T.S. Thakraon from Fidelegal Advocates & Solicitors. (ANI)