NAGAR PALIKA PARISHAD Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Shri Umesh Vats learned counsel for the petitioner, Shri Aditya Shanker, holding brief of Shri Mehul Khare, learned counsel appearing for respondent Nos. 2, 3 and 4 and learned Standing Counsel appearing on behalf of respondent Nos. 1, 5, and 6.

(2.) The petitioner-Nagar Palika Parishad, Khoda Makanpur, district Ghaziabad has invoked writ jurisdiction of this Court under Article 226 of Constitution of India challenging the order dtd. 30/7/2024, whereby the Chief Environment Officer, Region-I, Uttar Pradesh Pollution Control Board, T.C.-12th, Vibhuti Khand, Gomti Nagar, Lucknow has asked the petitioner to deposit a sum of Rs.91,25,000.00 (rupees ninety one lac twenty five thousand) as environmental compensation. A consequential recovery citation issued by the Tehsil Authorities on 27/10/2024 has also been challenged. A further direction has been sought commanding the respondents not to proceed with recovery against the petitioner.

(3.) Brief facts of the case are that the petitioner is a Municipality defined under Sec. 3 of the Uttar Pradesh Municipalities Act, 1916 and it was handed over a land for establishment of wastage processing and solid waste plant on 21/12/2021 in village Nidhauri, Pargana Dasna, Tehsil Ghaziabad. It is alleged that funds were received by the petitioner under Swachchh Bharat Mission and wastage processing and solid waste plant of 90 TPD capacity has been developed and processing machines have also been established. Certain aspects are not to be elaborated here as the issue involved before us is as to whether the Uttar Pradesh Pollution Control Board (herein-after referred to as "U.P. P.C.B.") was having any authority or competence to raise demand of environmental compensation, inasmuch as the foundation of the writ petition and challenge made to the impugned demand is on the ground of "lack of competence/jurisdiction".