Madras High court 
Tamil Nadu

HC cancels PCB’s Rs 3.3 cr fine on paper unit

The ITC paper board manufacturing unit in Thekkampatti, Coimbatore, moved the HC seeking to quash the penalty order imposed by the TNPCB.

DTNEXT Bureau

CHENNAI: The Madras High court quashed the Tamil Nadu Pollution Control Board’s (TNPCB) order imposing a fine of Rs 3.31 crore on a private paper board manufacturing unit.

The ITC paper board manufacturing unit in Thekkampatti, Coimbatore, moved the HC seeking to quash the penalty order imposed by the TNPCB.

A division bench of HC comprising Justices VM Velumani and V Lakshmi Narayanan took up the plea for hearing. According to the National Green Tribunal (South Zone), the TNPCB inspected the ITC’s paper board manufacturing unit in Thekkampatti, Coimbatore, in January 2020. Under the Air and Water (Prevention and Control of Pollution) Act, it imposed a fine of Rs 3.31 crore with an additional fine of Rs 30,000.

The ITC’s counsel said that the fine was imposed without considering the petitioner’s explanation and sought the fine order to be quashed.

After hearing the arguments, the HC pronounced that the TNPCB has the power to impose fine for environmental damage. However, the exclusion of the petitioner’s explanation before fixing the fine was an act of violation of natural justice and ordered to cancel the order.

The TNPCB should again send a notice to the petitioner regarding the inspection, provide time to explain and issue an appropriate order within 3 months, the High Court ruled.

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