Directs stringent action against erring officials
Excelsior Correspondent
Srinagar, Mar 9: The National Green Tribunal (NGT) today imposed a penalty of Rs 3 crores on the Government of J&K for damaging the environment of water bodies in Kashmir division with the direction to the Chief Secretary for taking coercive steps against the officers at the helm of affairs.
The three Judge bench of Tribunal headed by Justice A K Goel while hearing the plea against failure to prevent illegal mining, discharge of sewage and dumping of solid waste into river Doodh Ganga and Mamath Khul in violation of provisions of the Water (Prevention and Control of Pollution) Act, Supreme Court direction and orders of the Tribunal on the subject, after penalty of Rs 3 crores on J&K Government to be utilized for restoration of environment left it open for the State to recover the amount from the polluters and erring officers in accordance with law.
The NGT acknowledged failure of the State to save these water bodies from pollutants and directed the Chief Secretary, J&K to take immediate remedial action by ensuring clean environment and also taking coercive measures against the erring irresponsible officers, acting in contempt of directions of the Supreme Court and the Tribunal.
“We need not comment upon the measures suggested in the report as the Tribunal is concerned with enforcement of obligation of the State to provide clean environment. It is for the State Authorities to decide as to which measures are appropriate so as to prevent pollution of the river and prevent other violations of environmental norms and what is the source of funding”, the NGT said.
The NGT has recorded that neither the dumping of solid waste nor discharge of untreated sewage has been prevented nor illegal mining stopped and nor legacy waste cleared for which statutory timelines have already expired. “The State is accordingly held liable to pay interim compensation of Rs. one crore each under all the three heads which may be deposited in a separate account to be utilized for restoration of environment”, read the order.
The amount, the NGT added, may be deposited with the District Magistrate, Budgam and spent as per plan approved by the Chief Secretary, consistent with the District Action Plan of the concerned area. For illegal mining, the loss caused to the State in the form of value of minerals as well as the loss caused to the environment for undertaking such activity without requisite clearances, the NGT directed the same be recovered by the State PCB in light of judgment of the Supreme Court.
“It is also open to the State PCB to initiate prosecution against the violators. An action taken report may be filed before the Tribunal by the Chief Secretary personally, after interaction with the concerned officers within three months”, the NGT clarified.
The report, NGT said, may specify status of facilities to treat sewage as well as fecal sludges, protection of flood plain, lifting of waste from the banks of Doodh Ganga and Mamath Khul to the identified sites and processing it as per SWM rules, cow dung management and other associated issues. “In view of large scale continuing violations, we consider it appropriate to direct that the Principal Secretary, Urban Development, J&K to remain present in person on the next date by Video Conferencing for interaction”, NGT further directed.
The NGT noted that the violations found include dumping of waste on the banks of the river, discharge of untreated sewage into the river, unregulated illegal mining activities and failure to protect the embankments of the river.
Once such serious violations, the NGT said, have been found by the State authorities, failure to take stringent action shows apathy to the obligation of the State under the Constitution, particularly the Public Trust Doctrine of ensuring clean environment by protecting rivers and other natural assets. “The attitude of indefinitely waiting for funds from outside agencies is not merely ignorance of law but failure of responsibility. Environment being part of Right to Life Under the Constitution, such pleas are legally untenable and impermissible”, the NGT observed.
The NGT said that it is for the State to arrange resources for its inalienable and basic responsibility and on that pretext, damage to the environment cannot be allowed to take place or to continue and timeline laid down under the judgment of the Supreme Court for ensuring setting up of all treatment equipments is 31.03.2018 and after the said date, for any failure the Secretary to the Government is liable to be prosecuted in terms of judgment of the Supreme Court.
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