The southern bench of the National Green Tribunal dismissed a review petition filed by the Tangedco in a case where the power utility was fined ₹75 lakh by the tribunal.
The fine was imposed in a case taken up suo motu by the Tribunal over the death of an elephant, four boars, a common mongoose, a striped-necked mongoose, three cobras and a crow in the Chungam Forest Division in Cherambadi Forest area in the Nilgiris district, reportedly due to snapping of power cable in the area.
The NGT applied the “strict liability” principle while observing that the high-tension wire had not been insulated and held Tangedco responsible for the deaths. The Bench imposed the fine of ₹75 lakh to be paid to the Forest Department.
Challenging the order, the Tangedco moved the tribunal seeking a review. The Bench said the points raised by the review applicant [Tangedco] “cannot be a ground for review unless they were able to establish that there was error apparent on the face of the record. This tribunal had considered the portion of the Joint Committee report relied on by the review applicant and explained as to why the Tangedco was responsible to pay compensation applying the principle of res ipsa loquitur and strict liability principle”.
