- National Green Tribunal (NGT) imposed a colossal fine of Rs.3500 crores as environmental compensation on West Bengal. This was a result of pertinent damage to the environment and the non-management of solid and liquid waste by the State.
- The order for the fine was directed by a Bench headed by NGT Chairperson, Adarsh Kumar Goel. The fine is to be paid by the State in a separate ring-fenced account within a period of two months. This account will be operated under the guidance of the Chief Secretary for restoration purposes like proper discharge and treatment of sewage, solid waste treatment, and other execution of plans within three months.
- The Bench said, "If violations continue, liability to pay additional compensation may have to be considered. Compliance will be the responsibility of the Chief Secretary." It was also stated that fixed liability needs to be placed for restoration as orders have not shown any effect in the past 8 years for solid waste management or in liquid waste management in the five years.
- The Supreme Court transferred the case to NGT to monitor waste management issues in the state of West Bengal and the Tribunal expected three model cities, towns, and villages to comply with rules in 6 months and the remaining of the State within a 1year period.
- "Even after three years, neither there is adequate compliance nor the same has been projected in immediate future. No accountability fixed, no performance audit shown to have been conducted and no entries in ACRs are shown to have been made. There is nothing to show that compensation has been recovered in terms of directions of the Tribunal," said the Tribunal.
- NGT found that around 2758 million litres of sewage is generated per day in the urban areas and the treatment capacity using the 44 Sewage Treatment Plants was just 1505.85 MLD leaving behind almost 1490 MLD.
- It was observed by the Bench that despite 48 years post the enactment of the Water (Prevention and Control of Pollution) Act, 1974, and the expiry of deadlines, the gap for waste management was not abridged. There was no apparent progress since the January 2020 report submitted by the Chief Secretary.
- The gaps that exist in processing of solid waste and treating of liquid waste will continue to destroy the quality of the environment and thereby aggravating public health. Measures are to be taken and implemented in public interest as soon as possible to avoid mishaps concerning environment, resources or the public. This was stated as lack of will and determination of the State by the Tribunal towards good governance.
- The Green Tribunal informed that the State government of West Bengal did not prioritize solid waste management or setting up sewage as per the State’s 2022-23 budget, where there was provision for Rs. 12,818.99 crores with the Urban Development and Municipal Affairs. Tribunal said that there was lack of prioritidation in waste management despite of allocating a whooping sum in the budget.
- NGT further added that a clean and safe environment included under a fundamental right, right to life confers absolute liability on State and insufficiency of funds cannot be claimed as grounds for evading liability. However in this case, there was no lack of fund or objection in granting central funds, hence the State has to fulfil it's duties without any further delay.
- The Bench held that a pollution-free environment is a constitutional responsibility of State and local bodies are advised that it is vital to segregate solid waste at source.
- After imposing a huge penalty of Rs.3500 crores, following the verification of compliance with Municipal Solid Waste Management Rules, 2016 and other related environmental issues, the Tribunal ordered for submission of 6 monthly progress reports by the Chief Secretary.
- Following the lack of accountability for breaches, the Tribunal upheld that compliance with environmental norms and waste management should be the top priority. Since there have been long-standing cases of negligence in the treatment of waste, the Tribunal stated that it is high time for the State to realize its duty and adopt monitoring methods.
- The Chief Secretary is also directed by the Bench to undertake innovative measures even at the District Magistrate level. It is to be ensured that the treatment of solid and liquid waste is properly administered to achieve a clean environment before the proposed deadline.
"Loved reading this piece by Kavya Sri?
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"
