Who approves the enforcement cost after hearing the offender?

Under Section 64 of the Punjab Environmental Regulation and Administration (PERA) Act, the final authority to approve the enforcement cost rests with the Hearing Officer, but this approval comes after giving the offender an opportunity to be heard. This process embodies the principle of natural justice, ensuring that every person or entity subjected to enforcement action has the right to present their explanation or objection before any cost is confirmed.

Once an enforcement operation is completed, the Enforcement Officer prepares a detailed cost report, which is then certified by the Sub Divisional Enforcement Officer (SDEO). After this certification, the report is forwarded to the Hearing Officer, who reviews all financial details, listens to the offender’s side, and determines whether the costs claimed are accurate and justified.

The Hearing Officer’s role is crucial in maintaining impartiality and procedural fairness. They evaluate whether the enforcement costs are proportionate to the action taken and ensure that no undue financial burden is placed on the offender. The approval process also safeguards against administrative errors, inflated expenses, or any misuse of authority during enforcement.

After hearing both sides, the Hearing Officer issues an official order approving or adjusting the enforcement cost. This approval gives the report legal standing, allowing the Authority to proceed with cost recovery or related financial processes under the Act.

By requiring this hearing step, Section 64 ensures accountability, fairness, and transparency within the enforcement system. The offender’s right to be heard not only reinforces the legal integrity of the process but also strengthens public trust in the Authority’s operations.

Legal Note: Section 64 – Approval of Enforcement Cost by Hearing Officer After Hearing the Offender.