Principle/Doctrines – Principle of Natural justice – Opportunity of hearing before imposing damages u/s. 33 of the Wild Life (Protection ) Act,1972 – College of the respondents is in close vicinity of a Sanctuary – The effluent flowing out of the premise of college is causing serious environmental damage in the Sanctuary area – Forest Department issued several notices from the year 2003 onward to the college to stop discharging the effluent in the sanctuary area but the respondents continued to discharge the effluent, which resulted in serious environmental damage in the area – Forest department by an order dated 30.12.2011 had imposed damages of Rs. 10 crore upon the respondents – The High Court set aside the order of imposing the damages – On appeal, held: The imposing of damages of Rs. 10 crore is in gross violation of principles of natural justice – No opportunity of hearing by the forest department was given to the respondents – Admittedly, no show cause notice was issued to the respondents – Authority cannot impose damages and for that authority has to initiate appropriate proceedings before the appropriate court/forum to determine/ascertain the damages – Authority could not have straightway imposed damages in exercise of powers u/s. 33 of the 1972 Act – Order of High Court was not interfered with – SLPs disposed of – Wild Life (Protection ) Act,1972.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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