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Environmental LawSupreme Court of India

Dr. I.S. Tomar v. Invertis University & Ors. Etc.

Civil Appeal · 2025 INSC 775Decided 23 May 2025
Civil Appeal Nos. 4599-4601 of 2014 (with Civil Appeal Nos. 5631-5633 of 2024)
Justice Abhay S. Oka · Justice Augustine George Masih

Background

The National Green Tribunal had ordered the Bareilly Municipal Corporation to stop dumping municipal solid waste at a site found to be causing environmental degradation and injury to public health, and to remove waste already dumped there. When dumping continued and the waste was not fully removed, the NGT punished Dr. I.S. Tomar, then Mayor of Bareilly, and the Municipal Commissioner with civil imprisonment till the rising of the court and a fine of Rs. 5 lakh each, besides fining the Corporation Rs. 1 lakh per day for the period of the violation. The NGT was also displeased by press remarks the Mayor had made questioning its impartiality, though it accepted his unconditional apology for those remarks. Both officials appealed to the Supreme Court against their personal punishment.

Decision Breakdown

The Supreme Court held that Section 26 of the NGT Act is a penal provision that must be strictly construed, and that punishing a person for non-compliance requires proof that the individual actually had the power to prevent the prohibited act. The Mayor was never even a party to the applications in which the dumping-ban orders were passed, was never served notice of them, and had no executive authority over the Municipal Corporation's waste operations, that power lay with the Commissioner, so there was no basis to find he had personally violated the orders; his punishment was set aside. Likewise, no finding of wilful default had been recorded against the Commissioner, so his imprisonment and fine were also set aside. However, the Rs. 1 lakh per day fine imposed on the Municipal Corporation itself was upheld, since the Corporation had admittedly failed to remove all the dumped waste as directed.

Lesson Learnt

Personal penalties, including imprisonment, for an institution's failure to comply with a tribunal or court order cannot be imposed on an office-holder, such as a Mayor, unless it is shown that person actually had the power and responsibility to ensure compliance; holding a titular or ceremonial post is not enough.

Dr. I.S. Tomar v. Invertis University & Ors. Etc. – Legal Case Shots | LegalAware