C KASTURI BAI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Heard Sri N. Bharat Babu, learned counsel for the writ petitioner, and Sri V. Surender Reddy, learned standing counsel for the Andhra Pradesh Pollution Control Board, apart from perusing the material available on record.

(2.) Order of the National Green Tribunal (hereinafter referred to as "NGT"), Southern Zone, Chennai, dtd. 2/3/2022, in Original Application No.115 of 2021 (SZ), and the consequential notice bearing No.718 / APPCB / HO / UH-II / TF / KDP / 2022, dtd. 6/9/2022, issued by the Andhra Pradesh Pollution Control Board (hereinafter referred to as "APPCB"), are under challenge in the present writ petition, instituted under Article 226 of the Constitution of India.

(3.) The petitioner in the present writ petition is the lessee of Barytes Mine in the State of Andhra Pradesh. The NGT, obviously, exercising the jurisdiction conferred under Sec. 16 of the National Green Tribunal Act, 2010 (for short "the Act, 2010"), took up the issue, vide Original Application No.115 of 2021 (SZ), and passed an order on 2/3/2022, directing the petitioner to pay environmental compensation of Rs.4,25,38,966.00. As a consequence of the said order, the APPCB-5th respondent herein, vide notice, dtd. 6/9/2022, directed the petitioner to pay the aforesaid amount, quantified by the NGT, with an observation that, in the event of failure to pay the said amount within the specified period, further coercive action would be initiated against the petitioner under Sec. 33 (A) of the Water (Prevention & Control of Pollution) Act, 1974 and under Sec. 31 (A) of the Air (Prevention & Control of Pollution) Act, 1981 and amendments thereof and as provided under the respective statutes, in accordance with law.