Case Note & Summary
The dispute arose from Original Application No.6 of 2012 filed by Respondent No.1 under the National Green Tribunal Act, 2010, concerning encroachment and pollution in the river Yamuna. The Tribunal addressed issues related to the pollution of drains and the river, leading to the issuance of several directions on 13.01.2015, including the imposition of environmental compensation on households in Delhi. The Appellant, an electricity distribution licensee, challenged the Tribunal's order dated 08.05.2015, which mandated the collection of this compensation through electricity bills. The Delhi Electricity Regulatory Commission (DERC) argued that such costs should not be passed on to consumers, citing the Electricity Act, 2003 and the Delhi Electricity Reforms Act, 2000. The Supreme Court noted that the Tribunal's directions from 11.09.2019 regarding the introduction of sewerage charges had not been implemented due to the interim order. The Court decided to uphold the Tribunal's later order, modifying the earlier direction on environmental compensation collection. The Court mandated that the Government of NCT of Delhi implement the sewerage charges within two months, thereby disposing of the appeals.
Headnote
A) Environmental Law - Environmental Compensation - Collection of Environmental Compensation - National Green Tribunal Act, 2010, Sections 14, 15, 18 - The Tribunal directed the collection of environmental compensation from households in Delhi, which was to be added to electricity bills. The Supreme Court modified this direction, stating that the levy of sewerage charges should be implemented instead, ensuring compliance with the Tribunal's order within two months. Held that the previous direction regarding environmental compensation collection through electricity bills was no longer applicable (Paras 8-9).
Issue of Consideration
Whether the directions issued by the Tribunal regarding environmental compensation and its collection through electricity bills were valid.
Final Decision
The Supreme Court modified the Tribunal's direction regarding environmental compensation collection through electricity bills and directed the implementation of sewerage charges within two months.
Law Points
- Environmental compensation
- Polluters Pay Principle
- National Green Tribunal Act
- 2010
- Electricity Act
- 2003
- Delhi Electricity Reforms Act
- 2000
