The Principal Bench of National Green Tribunal, New Delhi on 10.09.2020 in the matter of Aditya Dubey (Minor) Vs. Amazon Retail India Private Limited & Ors. O.A No. 28/2020, held that Central Pollution Control Board (CPCB) can consider ordering environmental audit against the corporate giants like Amazon, Flipkart, Coca Cola India, Bisleri International, etc., and assess and recover compensation for violation of environmental norms, following due process of law.
These applications before NGT seeks enforcement of ‘Extended Producer Responsibility’ under the e Plastic Waste Management Rules, 2016. The first petition seeks enforcement of the liability against Amazon and Flipkart using excessive plastic packaging material without meeting statutory liability. The second petition alleges violation of such statutory liability by M/s Coca-Cola India Pvt. Ltd. (CCIPL), M/s Hindustan Coca-Cola Beverages Pvt Ltd, PepsiCo India Holdings Pvt. Ltd, M/s Bisleri International Pvt. Ltd, M/s Parle Agro Pvt. Ltd., Mumbai, M/s Patanjali Peya Private Ltd., M/s Nourish CoBeverages Ltd. (Himalayan Water), and M/s Indian Railway Catering & Tourism Corp. Ltd.
The Hon’ble Tribunal noted that “the matter has been considered on earlier occasions and it was observed that the statutory regulators were not taking coercive measures including invoking of “Polluter Pays” principle for enforcing the statutory norms. Central Pollution Control Board (CPCB) was directed to look into the matter and file further report.
Accordingly, a report has been filed by the CPCB on 04.09.2020 which again mentions one or other reasons for not enforcing the law but does not mention the coercive measures adopted either directly by CPCB or in coordination with the State PCBs/PCCs. The CPCB can also consider ordering environmental audit against the concerned entities and assess and recover compensation for violation of environmental norms, following due process of law.”
The Bench also issued instructions for taking further steps in the said matter and to file an action taken report before the next date of hearing i.e. 14.10.2020.