Court acknowledges legislative amendments reducing punishment for environmental offences; emphasizes compliance and restorative measures.
In a significant ruling, the Delhi High Court has modified the sentence of imprisonment awarded to Raj Kumar Gupta, the sole proprietor of M/s Kanwarji Raj Kumar, convicted under the Water (Prevention and Control of Pollution) Act, 1974. The Court replaced the imprisonment with a substantial monetary fine and restorative measures, in alignment with recent legislative amendments that focus on monetary penalties rather than imprisonment for environmental violations.
The petitioner, Raj Kumar Gupta, was initially sentenced to three years of simple imprisonment and a fine of Rs. 2 lakhs for discharging untreated trade effluent into a public sewer, violating environmental norms. The sentence was later reduced to two years by an appellate court. However, Gupta contested the sentence, seeking relief under the amended provisions of the Water Act, which now emphasize monetary penalties.
The High Court, presided by Justice Dr. Swarana Kanta Sharma, acknowledged the amendment brought by the Water (Prevention and Control of Pollution) Amendment Act, 2024. This amendment eliminated the provision of imprisonment, opting instead for monetary penalties ranging from Rs. 10,000 to Rs. 15 lakhs, applicable even to pending cases. The Court emphasized that while the legislative intent is to mitigate the rigour of the law by reducing punitive measures, compliance with environmental norms remains crucial.
The judgment also highlighted the collective impact of small-scale polluters like eateries and food-processing units on environmental degradation, underscoring the necessity for compliance irrespective of the size or scale of operations.
In light of these considerations, the Court substituted the imprisonment with a further monetary penalty of Rs. 10 lakhs, in addition to the existing fine. The Court also mandated the petitioner to undertake the plantation of 100 trees in coordination with the Delhi government's Forest Department, as part of restorative measures to contribute to environmental preservation.
The decision reflects a shift towards a more rehabilitative approach in environmental law enforcement, aligning with international trends that prioritize restorative justice over punitive measures.
Bottom Line:
Water (Prevention and Control of Pollution) Act, 1974 - Revised sentencing guidelines due to amendment in 2024 removing imprisonment and focusing on monetary penalties and restorative measures.
Statutory provision(s): Water (Prevention and Control of Pollution) Act, 1974, Sections 24, 25, 26, 43, and 44; Code of Criminal Procedure, 1973, Section 397.
