Team Herald
PANJIM: The National Green Tribunal (NGT), Western Bench, has quashed an order issued by Goa State Pollution Control Board (GSPCB) directing M/s Golden Crown Hotel and Spa to pay Rs 4.37 lakh towards environmental compensation.
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The order is quashed after the Pollution Board failed to present documentary evidence to show that the applicant violated the environmental laws or guidelines.
The firm had approached Green Bench challenging GSPCB’s order directing them to pay Rs 4.37 lakh as environmental compensation under Section 33A of the Water (Prevention and control of pollution) Act 1974.
During the hearing, the Court observed that the hotel, with 50 rooms and a restaurant, is operating with all required clearances, licences, and approvals from the State government, and authorities. The appellant has installed an Organic Waste Converter (OWC) of 100 kgs in the hotel for treatment of wet waste and composting. For around 25 per cent dry waste and plastic bottles, the appellant has made arrangement with a vendor for shredding and recycling of dry waste, which too is recognised by GSPCB.
Further, the NGT noted that the hotel was closed from March 23, 2020 to February 15, 2021 due to Covid-19 pandemic/lockdown and started its limited operation without restaurant/kitchen.
“During a site inspection on March 10, 2021, the observations made by officials there was no occupancy in hotel, its kitchen was not operating, there was no generation of wet waste, as such composting facility was not applicable and yet, the impugned order has been passed imposing penalty of Rs 4,37,500,” the Bench stated.
“There is no documentary evidence available on record to show that the appellant has violated the environmental laws or guidelines. The hotel in question was closed on March 23, 2020 upto February 15, 2021 and also thereafter during Covid-19 pandemic/lockdown. Therefore, we do not find that there was any need for imposition of penalty/environmental compensation upon the appellant in view of the said site inspection report by the officials,” the NGT added.
