Can NGT Impose Compensation?

Answer:

Yes, NGT can impose environmental compensation in suitable cases. Environmental compensation may be imposed on industries, builders, mining operators, municipal bodies, contractors, hospitals, commercial units, or private persons who cause pollution or environmental damage. The purpose is not only punishment. It also helps recover the cost of environmental restoration and applies the principle that the polluter should bear the financial burden of damage.

Compensation may arise in cases involving untreated sewage discharge, illegal sand mining, industrial effluent, illegal waste dumping, hazardous waste, construction pollution, landfill fires, groundwater contamination, tree cutting, and environmental clearance violations. The applicant should explain the nature of damage, duration of violation, affected area, responsible persons, and failure of authorities. If exact damage cannot be calculated at the filing stage, the applicant can request NGT to direct a committee or the Pollution Control Board to assess environmental compensation.

For example, if a factory discharges untreated effluent into a drain for several months, compensation may consider pollution load, duration, impact, and restoration cost. If illegal miners extract sand from a riverbed, compensation may include ecological damage, illegal gain, and restoration cost.

The NGT Act specifically provides for relief, compensation and restitution in environmental matters under Section 15. Therefore, environmental compensation is a strong and practical prayer in cases where damage has already occurred.