NEW DELHI: The National Green Tribunal (NGT) has provided notable relief to Freedom Park Life AOA, developed by BPTP Builder, by significantly decreasing the environmental compensation previously imposed on the society by the Haryana State Pollution Control Board.
The appeal, presented by Advocates Sumit Gehlot, T.S. Thakraon, Manju Gehlot, and Abhishek Singh for the appellant, led the Tribunal to determine that the penalty calculated by the Board was unjustified and lacked supporting evidence.
Initially, the HSPCB had levied a penalty of Rs 1,55,62,500 on the housing society, claiming that its sewage treatment plant (STP) had been out of order for 415 days. Advocate Sumit Gehlot explained that the malfunction was solely due to severe flooding in August 2022, which damaged parts of the STP, and repairs were completed by January 20, 2023. The attorneys also referenced subsequent test reports demonstrating that the plant was compliant following repairs.
After considering both arguments, the NGT Bench, headed by Justice Prakash Shrivastava and Dr. A. Senthil Vel, found that the evidence indicated non-compliance only for 182 days, from August 27, 2022, to February 24, 2023.
The Tribunal observed that the HSPCB had improperly extended the violation period to October 14, 2024, without conducting fresh inspections or offering justification. This extension was deemed unsupported by substantial evidence, resulting in an inflated penalty.
Furthermore, an inspection by the Board in December 2024 and January 2025 confirmed the STP’s compliance, reinforcing the appellant’s claim that there was no reason to assume ongoing violations beyond February 2023.
While the Tribunal agreed that compensation for the 182 days was warranted, it ruled that the Board’s attempt to extend the default period was not valid.
In its final ruling, the Tribunal partly upheld the appeal and reduced the environmental compensation from Rs 1.55 crore to Rs 68.25 lakh, offering substantial relief to the 573 families living in the society. The pending applications were also addressed.
