NGT slashes environmental penalty on Gurugram high-rise housing society

The appeal, argued by Advocates Sumit Gehlot, T. S. Thakraon, Manju Gehlot and Abhishek Singh for the appellant, resulted in the Tribunal finding that the penalty calculation made by the Board was unjustified and unsupported by evidence.

The HSPCB had earlier imposed a penalty of Rs 1,55,62,500 on the housing society, alleging that its sewage treatment plant had remained non-functional for 415 days.

Advocate Sumit Gehlot noted that the malfunction occurred solely due to severe floods in August 2022, which damaged parts of the STP, and that repairs were completed by January 20, 2023. Lawyers also relied on subsequent test reports indicating that the plant was compliant after repair.

After hearing both sides, the NGT Bench of Justice Prakash Shrivastava and Dr. A. Senthil Vel found that the material on record supported non-compliance only for 182 days, from August 27, 2022, to February 24, 2023.

The Tribunal noted that the HSPCB had extended the period of violation until October 14, 2024, without conducting any fresh inspection or providing any rationale. It was observed that this extension was unsupported by any substantive evidence and resulted in an inflated penalty.

The Tribunal further noted that a Board inspection in December 2024-January 2025 found the STP compliant, reinforcing the appellant’s argument that there was no basis to presume a continuing violation beyond February 2023.

While holding that compensation for the 182 days was justified, the NGT ruled that the Board’s attempt to enlarge the default period was unsustainable.

In its final order, the Tribunal partly allowed the appeal and reduced the environmental compensation from Rs 1.55 crore to Rs 68.25 lakh, providing substantial relief to the 573 families residing in the society. Pending applications were also disposed of.