In an important judgement, the Supreme Court has held that the National Green Tribunal does not have any power to direct a state government to deposit a huge sum of money as security to ensure compliance to its directions.
A bench of Justices Arun Mishra and Indira Banerjee said that the Environment Protection Act and the rules, orders and directions, dealing with offences by government departments, do not provide at all for monetary deposit to secure compliance of an order.
Further, there is no provision in the NGT Act for deposit of security to ensure adherence to an order of the Tribunal. However, there is a provision for the penalty, the court pointed out.
The top court set aside a direction by the NGT of April 21, 2015 to the Madhya Pradesh government to deposit Rs 25 crore to ensure strict adherence to its order for petrol pumps not to supply fuel to owners of vehicle, having no pollution under control (PUC) certificate.
In several cases, it has been seen that the green panel directed the state governments and other statutory bodies to deposit huge security deposits to ensure its directions were strictly complied with, failing which the amount would be utilised for environmental needs.
With regard to direction for denying fuel to vehicles without PUC, the bench said such an order was not contemplated either in the 1989 Motor Vehicles Rules or in the NGT Act.
"There can be no doubt that strong measures must be taken to protect the environment and improve the air quality whenever there is contravention of statutory rules causing environmental pollution. Stringent action has to be taken, but in accordance with law," the bench said.
The court also pointed out when a statute or rules prescribed a penalty for any act or omission, no other penalty can be imposed.
The registration certificate of vehicles without a valid PUC certificate, however, can be suspended or cancelled, and penal measures initiated against the owner, in accordance with law, the court added.