In response to the Supreme Court’s (SC’s) strong stance on unchecked environmental violations, the Ministry of Environment, Forest, and Climate Change (MoEFCC) has introduced new rules for conducting inquiries and imposing penalties on polluters.
The updated rules outline key factors to consider when determining the penalties’ scale.
Adjudicating officers are instructed to assess elements such as the project’s location and size, the industry type, and the specific nature of the violation.
Violations may include operating without environmental clearance, failing to meet required environmental standards, or breaching conditions attached to granted clearances. Health impacts, financial benefits derived from non-compliance, and the frequency of violations will also factor into penalty assessments.
By weighing these variables, officers can impose penalties proportionate to the scale and impact of each violation.
In cases of jurisdictional issues, adjudicating officers may transfer a case to the appropriate authority, ensuring all cases are handled by the correct officials.
This transfer process is streamlined, as the new officer continues proceedings from where they were previously left off.
A notable feature of the new rules is the emphasis on timely resolution, mandating that inquiries be completed within six months from the date of notice.
This deadline aims to prevent delays and ensure that violations are addressed promptly, reinforcing the government’s commitment to environmental compliance and accountability.
This action follows the SC’s cognisance of widespread disregard for environmental compliance, particularly in large-scale industrial projects.
In a ruling last month, the court noted that the lack of rules governing the appointment of adjudicating officers under Section 15C of the Environment (Protection) Act, 1986, has made it difficult to impose penalties.
The SC held that following the 2023 Jan Vishvas Amendment, Section 15 of the Environment Protection Act, 1986, is now inoperative.
This ruling arose from the MC Mehta vs Union of India case, where the petitioner argued that inadequate enforcement has worsened air pollution, partly due to stubble burning in Punjab and Haryana.
Despite show-cause notices issued by the Commission for Air Quality Management (CAQM) to state environment and agriculture officials, the court noted minimal progress by the monitoring committee, hampered by absenteeism.
The Union assured the court it would replace inactive members.
In response, the Centre unveiled the Environment Protection (Manner of Holding Inquiry and Imposition of Penalty) Rules, 2024, detailing guidelines for investigating and penalising environmental violations.
Under these new rules, complaints against environmental regulation violators can be initiated by key bodies, including the Central Pollution Control Board, State Pollution Control Boards, Pollution Control Committees, CAQM, and MoEFCC regional offices.
Upon receiving a complaint, the designated adjudicating officer must initiate an inquiry within 30 days, as specified in Section 15C of the Environment (Protection) Act.
The adjudicating officer will issue a notice to the alleged violator, outlining the nature of the contravention and requiring a response.
The violator is given at least 15 days to reply and may be asked to appear in person or through a legal representative if further inquiry is deemed necessary.
During proceedings, the adjudicating officer is empowered to gather relevant documents, evidence, and witness testimony, ensuring a thorough examination of each case.
Notably, these hearings do not adhere to the evidentiary requirements of the Bhartiya Sakshya Adhiniyam, 2023, providing adjudicating officers flexibility in handling evidence.
All orders and penalties under these rules must be documented, signed, and communicated to both the complainant and the alleged violator. Financial penalties collected through these actions will be directed to the Environment Protection Fund, further supporting efforts to conserve and protect India’s environment.
Violations & Penalties
New environmental rules: Swift penalties and strict compliance
Key violations
- Operating without environmental clearance
- Failing to meet required environmental standards
- Breaching conditions tied to granted clearances
Penalty considerations
- Health impacts of violations
- Financial benefits gained from non-compliance
- Frequency and severity of repeated violations
Timely resolution
- Six-month deadline for inquiry completion from notice date
- Focus on prompt action to uphold environmental accountability
