Recovery of Environmental Compensation from Urban Local Bodies begins in J&K UT

Municipal Committee Ramban deposits first instalment

PCB detects more violations of laws, action shortly

Mohinder Verma
JAMMU, Feb 25: Finally, the recovery of Environmental Compensation from the Urban Local Bodies resorting to unplanned and unscientific disposal of municipal solid waste has begun in the Union Territory of Jammu and Kashmir with Pollution Control Board getting first instalment of lakhs of rupees from the Municipal Committee Ramban.
Moreover, the Pollution Control Board has detected violations of laws by more Urban Local Bodies and other organizations in the Union Territory and action will be initiated against them shortly after following due course of law.
On the basis of reports about illegal and unscientific dumping and disposal of solid waste, the Pollution Control Board vide order dated July 8, 2020 had imposed Environmental Compensation to the tune of Rs 12.88 lakh on the Executive Officer of the Municipal Committee Ramban for a period of violation of Municipal Solid Waste Rules, 2016 commencing from the date of issuance of show cause notice –January 8, 2020 up to July 2, 2020.
It was mentioned in the order that Environmental Compensation has been levied as no positive change on the ground was brought about by the Municipal Committee Ramban and the reckless handling and unscientific disposal of solid waste along the National Highway across the downhill slope at Cafeteria Morh Ramban was going on unabatedly thereby affecting the health of local residents, flora and fauna and morphology of river in brazen violation of the directions of the National Green Tribunal and provisions of Solid Waste Management Rules, 2016.
The Municipal Committee Ramban challenged the order of the Pollution Control Board before the National Green Tribunal but failed to get major reprieve as the Tribunal keeping in view the plea of pandemic and financial resources raised by the Committee only reduced the Environmental Compensation to 50%.
However, the NGT observed, “it is undisputed that damage to the environment has taken place in violation of Constitutional duty of the local body to take preventive measures in the matter”.
Finally, the Pollution Control Board has started affecting the recovery of Environmental Compensation from the Municipal Committee Ramban. The first instalment of Rs 3.22 lakh has been credited to the account of PCB and 2nd instalment will be deposited by March 22, 2021.
“Now, other Urban Local Bodies like Municipal Council Udhampur and other organizations have been left with no other option but to start depositing the Environmental Compensation especially in the light of the observations made by the National Green Tribunal in the appeal filed by the Municipal Committee Ramban”, sources said.
It is pertinent to mention here that Pollution Control Board has levied Environmental Compensation to the tune of Rs 1.39 crore on the Chief Executive Officer of the Municipal Council Udhampur for polluting the environment by resorting to illegal and unscientific dumping and disposal of solid waste.
Similarly, Environmental Compensation to the tune of Rs 18 lakh has been imposed on Medical Superintendent of SMGS Hospital for handling bio-medical waste in most unscientific manner. Moreover, notices were also issued to the Principal of the Government Medical College and Medical Superintendents of Associated Hospitals for not paying serious attention towards scientific management of bio-medical waste.
According to the sources, Pollution Control Board is continuously maintaining hawk’s eyes on the violations of Municipal Solid Waste Management Rules and other environmental laws and has detected several violations from more Urban Local Bodies and other organizations.
“A detailed mechanism under the Polluter Pays Principle is being followed in respect of these violations and necessary action in the form of imposition of Environmental Compensation will be taken shortly”, sources said.
They further said, “it is a matter of serious concern that while Pollution Control Board is initiating action against the Municipal bodies for violating the environmental laws, the Housing and Urban Development Department is acting as mute spectator and is not ready to come up with policy to ensure that Urban Local Bodies don’t play with the environment any more”.