NGT tells Amazon to pay ₹6 lakh compensation for violation of sewage treatment plant norms

The National Green Tribunal (NGT) recently upheld an order directing e-commerce giant Amazon to pay compensation for violating sewage treatment plant (STP) standards at its fulfilment centre in Haryana's Bilaspur [Amazon Seller Services Private Limited v Haryana State Pollution Control Board & Anr.]..Chairperson Prakash Shrivastava (judicial member) and expert member Dr A Senthil Vel, however, reduced the quantum of compensation payable from about ₹13 lakhs to ₹6 lakhs after reconsidering the number of days of the violation.The NGT observed that in a written recommendation, an Expert Appraisal Committee (EAC) had initially determined the number of days of the violation to be 32 days, based on the date of the first reply by Amazon. However, in a later part of the report, the number was changed to 70, based on the date of the second reply by Amazon.The tribunal took note of this error in its May 28 decision."Such an approach of the EAC is apparently faulty and, therefore, levy of EC of 70 days on the basis of recommendation of the EAC without taking note of the mistake by the EAC cannot be sustained," the NGT held. .On February 22, 2024, the Haryana State Pollution Control Board (HSPCB) ordered Amazon to pay ₹13,12,500 as environmental compensation (EC) for a violation of STP standards. Aggrieved, Amazon moved the NGT for relief..Amazon claimed that when the HSPCB took the sample from its STP, the unit was under maintenance. The sample was not collected as per rules, Amazon argued.It further claimed that as per third-party tests, effluents in the treated water were within prescribed limits.Additionally, Amazon highlighted that the initial action was for 32 days of violation, which was incorrectly increased to 70..On the other hand, the HSPCB told the Court that no information about the maintenance activity was provided to it. Arguments on this aspect by Amazon were made as an afterthought, the pollution control authority added. Moreover, Amazon in its reply had admitted the non-compliance following which another sample was taken after Amazon deposited a performance security and a sample testing fee, the HSPCB added.The HSPCB also defended the number of days of violation being computed as 70 on the ground that the second sample was taken after 70 days..The NGT observed that Amazon did not initially dispute the test reports in its first response to the HSPCB. Additionally, it noted that there was no credible evidence to support Amazon's claim that the STP unit was under maintenance when the sample was taken. Furthermore, it highlighted that the test reports submitted by Amazon were dated earlier than those conducted by the HSPCB..Accordingly, the NGT determined that the HSPCB's reports were conclusive and that it had rightly levied the EC on Amazon. However, since the number of days of violation was calculated incorrectly by the HSPCB, the NGT partly allowed Amazon's appeal and reduced the EC payable to ₹6 lakhs..Amazon was represented by advocates Ravish Kumar and Nidhi Raj Bindra.The HSPCB was represented by advocate Rahul Khurana and the HSPCB Nuh Regional Officer (RO) Vipin Kumar..[Read Order]