Madras HC: TNPCB Chairman Empowered to Levy Environmental Damages on Brick Kilns

The Madras High Court has reaffirmed that the Chairperson of the Tamil Nadu Pollution Control Board (TNPCB) possesses the delegated authority to levy environmental compensation and damages against brick kiln units found in violation of environmental norms.

A Division Bench comprising Chief Justice Sushrut Arvind Dharmadhikari and Justice G. Arul Murugan heard a batch of writ petitions filed under Constitution of India. The petitioners sought to quash orders issued by the TNPCB in December 2022, which imposed certain directions and penalties. The Court noted that these matters were residual cases following a comprehensive batch already decided in W.P.No.34307 of 2022 and connected matters.

Authority to Levy Environmental Compensation

The Court reiterated the legal principle that the Chairman of the TNPCB is legally competent to assess and impose environmental damages. This authority is derived from the delegated powers vested under the Environment (Protection) Act, 1986. The Court emphasized that while the Chairman holds this power, the assessment must follow a scientific and standardized methodology to ensure fairness and accuracy.

Guidelines for Assessment and Procedural Fairness

The Court has the following directions:

"(1) In terms of the delegated power under Section 5 r/w 23 of the Environment (Protection) Act, 1986, the Chairman, Tamil Nadu Pollution Control Board, is entitled to levy damages / penalty / compensation.

(2) The Chairman, Tamil Nadu Pollution Control Board, prior to fixing damages, shall strictly follow the methodology given by the Central Pollution Control Board's In-house Committee for assessing environmental compensation and action plan in particular, as per Guidelines 1.3.2.

(3) Copy of the Report of the Committee appointed by the Chairman, TNPCB, under Guidelines 1.3.2, shall be given to each of the units.

(4) The Chairman, Tamil Nadu Pollution Control Board need not give a personal hearing, however, the Committee will hear the petitioners herein individually prior to its assessment and receive their replies.

(5) The Chairman, Tamil Nadu Pollution Control Board shall pass a reasoned order on all the matters individually referring to the report as well as the objections, if any.

(6) The period of damage shall be from the date of commencement of the operation by the individual brick kiln which can be found out from the Annual Brick Fee paid by them or from such material as the Chairman / the Committee so decides and shall conclude with the date of closure passed by the District Collector, Coimbatore, i.e., 13.06.2021.

(7) The said exercise shall be concluded within a period of six months from the date of receipt of a copy of this order. Till the completion of the assessment by the Committee, the parties shall maintain status quo."

Background:

The dispute originated from orders passed by the TNPCB against several brick kiln units located in Coimbatore District, including M/s.VVK Chamber Bricks and others. The petitioners challenged these orders, dated December 6, 2022, as being arbitrary and illegal. The primary contention revolved around the authority of the TNPCB to impose financial penalties and the procedure adopted for such assessments.

The Additional Advocate General informed the Court that the petitioners had already participated in the inquiry and had been heard alongside the earlier batch of cases. Since the facts and legal questions were identical to the previously decided batch in W.P.No.34307 of 2022 and connected matters, the Senior Counsel for the petitioners agreed that the same terms should apply. Consequently, the High Court disposed of the writ petitions by applying the directions from the earlier judgment mutatis mutandis, ensuring that while the TNPCB can levy damages, it must do so through a reasoned order based on a committee report and a specific timeline.

Case Details:
Case No.: W.P.Nos.8280, 8285, 8290, 8293 and 8295 of 2023
Case Title: M/s.VVK Chamber Bricks Unit II vs. The Principal Secretary to the Government of Tamil Nadu and Others
Appearances:
For the Petitioner(s): Mr.Srinath Sridevan (Senior Counsel) assisted by Mr.S.Kamalesh Kannan
For the Respondent(s): Mr.P.V.Balasubramaniam (Addl. Advocate General) assisted by Mr.R.Veeramani (Government Pleader) for R1, R2 & R6; Mr.B.N.Suchindran (Standing Counsel) for R3 to R5

Source: 2026 CaseBase(MAD) 291