UP Pollution Control Board Has No Authority to Collect Environmental Compensation, Rules High Court

In a significant judgment, the Lucknow bench of the Allahabad High Court has clarified that the Uttar Pradesh Pollution Control Board (UPPCB) does not have the authority to determine or collect environmental compensation. The court held that the power to assess and recover such compensation lies exclusively with the National Green Tribunal (NGT).

 

The ruling came while hearing 177 petitions filed against the imposition of environmental compensation orders by the UPPCB. Petitioners had challenged the board’s authority to levy such charges, arguing that it exceeded its legal powers.

 

A division bench comprising Justice Ramesh Sinha and Justice Subhash Vidyarthi delivered the verdict after consolidating and hearing the petitions together. The bench observed that under existing environmental laws, the assessment and recovery of environmental compensation for damage caused can only be carried out under the mandate of the NGT.

 

The judgment is expected to have far-reaching implications, as it limits the powers of state pollution control boards in matters of environmental damage recovery and reaffirms the jurisdiction of the NGT in such cases. Legal experts believe this will also ensure a more standardized and legally sound process for determining and collecting environmental penalties.