HC sets aside green fine of Rs 2.9 cr against MEG

Bengaluru: In a significant relief for Madras Engineering Group & Centre (MEG), Bengaluru, the high court recently set aside a May 2022 order issued by National Green Tribunal, Chennai, slapping an environment compensatory fine of Rs 2.9 crore on the engineer group of the Indian army.The penalty was imposed for alleged non-compliance with the discharge standards in the STP, run by the MEG at its campus next to Ulsoor Lake. The NGT special bench had acted suo motu based on a newspaper report from March 2016. In its order, NGT said that MEG, along with a slaughterhouse in the vicinity of the water body and BWSSB, contributed to the pollution of the lake. BWSSB was told to pay Rs 1 crore towards environment compensation. Incidentally, MEG was not a party in the said suo motu proceedings before the NGT.MEG, Bengaluru, the defence ministry and M/s Garrison Engineers, challenged the said orders. Additional solicitor general Arvind Kamath, appearing for the petitioners, argued that NGT imposed the environment compensation by holding that MEG created and contributed to pollution, without hearing it. About 5,000 employees and trainees stay with their families on the MEG campus next to the lake. Garrison Engineers has provided accommodation complexes in the campus. The sewage load of the MEG is very low. The claim about the generation and disposal into drains by the petitioner is exaggerated, the court was further told.A division bench comprising Chief Justice NV Anjaria and Justice KV Aravind said, "It is to be observed that NGT, in imposing the liability of environment compensation on the petitioners — the Union of India and its defence establishment, not only proceeded in breach of natural justice and without affording any opportunity to the petitioners, but also demanded the amount without even assessing the liability."MEG's liability has not been assessed, it has been heard and it never had the occasion to raise the defence, the bench pointed out.The matter was remitted back to NGT, southern zone, Chennai, to reconsider and decide afresh the question of imposition or otherwise of the environment compensation and to decide whether MEG is liable to pay such compensation after hearing to it, the bench further said, while directing MEG to deposit Rs 1 crore with Karnataka State Pollution Control Board (KSPCB) in terms of the order passed by NGT. The said deposit will be subject to the outcome of the fresh exercise before NGT, the bench said.