2025 (9) TMI 186

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....., Ms. Anuradha Mishra, AOR ORDER Heard the learned counsel appearing for the appellant and the learned counsel for the respondent. 2. Pursuant to the order dated 27th September, 2019 passed by the National Green Tribunal (for short, "the NGT"), New Delhi, the respondent-Uttar Pradesh Pollution Control Board (for short, "the PCB") undertook the exercise of making determination of the Environmental Compensation payable by the appellant and others. The compensation was to be computed for causing pollution of the ground water due to the storage of hazardous chromium waste in village Khan Chandpur, Rania, Kanpur Dehat. It was found that the waste was of the quantity of 62225 MT. An order was made on 19th November, 2019 signed by the Re....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....We express our strongest disapproval to the manner in which RO UPPCB has acted in this case." 3. After recording the said findings, the NGT recorded a finding of fact that the appellant generated waste of quantity of 5643.75 MT and by adopting certain formula, fixed the Environmental Compensation at Rs.25,39,68,750/-. Another finding with which the appellant has a grievance is in paragraph 230 of the impugned judgment which reads thus: "230. We, accordingly, answer issue VII holding that appellant having violated the provisions of Water Act, 1974, Air Act, 1981 and EP Act, 1986, therefore is also liable for action under PMLA 2002." 4. After recording a finding that the manner in which the Environmental Compensation was comput....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....f criminal complaint before the competent forum. If the person is finally discharged/acquitted of the scheduled offence or the criminal case against him is quashed by the court of competent jurisdiction, there can be no offence of money laundering against him or any one claiming such property being the property linked to stated scheduled offence through him." (underline supplied) 7. In the facts of the case, there is neither a registration of First Information Report for any scheduled offence under the Prevention of Money Laundering Act, 2002 (for short "the PMLA") nor any complaint is filed alleging the offences under the Water (Prevention and Control of Pollution) Act, 1974, the Air (Prevention and Control of Pollution) Act, 1....