THE Supreme Court recently castigated Municipal Council Bandipora for illegal and unscientific dumping of municipal solid waste (MSW) near the banks of Wullar lake. Supreme Court two member bench of Justices Ajay Rastogi and C T Ravikumar said that Municipal Committee Bandipora cannot play with the lives of the people. On October 19th 2022, the SC double bench dismissed an appeal filed by Chief Executive Officer (CEO) of the Municipal Council Bandipora against the imposition of environmental compensation of Rs 64.21 lakh for unscientific dumping and disposal of solid waste. The compensation was earlier imposed by the J & K Pollution Control Board (now called JK Pollution Control Committee) on February 9th 2021. Municipal Council Bandipora had gone to National Green Tribunal (NGT) with an appeal against the said order and seeking exemption from paying the fine, but the Tribunal on October 21st 2021 dismissed the appeal and directed the civic body to pay the compensation. After this Municipal Council Bandipora went to Supreme Court of India but the apex court dismissed the appeal outrightly.
Sequence of Events
In 2019, this author had filed a petition in NGT against unscientific dumping of municipal solid waste by Bandipora Municipal Council at Zalwan Nussu area in the outskirts of the town. I had visited the area several times and found lots of waste being dumped in violation of MSW Rules 2016. Ironically, the waste was being unscientifically disposed off by an organisation which was supposed to enforce the MSW Rules 2016 on ground.
In addition to waste dumping in Wullar, I raised waste dumping and illegal encroachment of Hokersar and Kreechu Chanhara wetlands as well before the NGT in the same petition. On August 27th 2020, the NGTs Principal Bench issued a detailed order asking the National Wetlands Committee to compile data of status of compliance of environmental norms in respect of all significant wetlands in the country to ensure remedial action. The Divisional Commissioner Kashmir was asked to ensure scientific solid waste management near wetlands and utilization of SBM Gramin funds for the same which was in-fact my suggestion to the NGT.
As the order was not implemented in letter and spirit, the J&K Pollution Control Board on 9.2.2021 issued a penalty notice directing MC Bandipora to pay Rs 64. 21 lakhs under Polluter Pays Principle as per approved guidelines of the Central Pollution Control Board and the National Green Tribunal (NGT)
The Order reads:
“Whereas, on continuous failure on part of the Executive Officer Municipal Committee Bandipora to dispose of solid waste in a scientific manner a show cause notice for levying of Environmental Compensation, in light of the directions of the Hon’ble National Green Tribunal was served upon Executive Officer Municipal Committee Bandipora vide No. PCB/LSK/489/020/124-130 dt. 26.06.2020, calling upon him there to show reasons within fifteen(15) days as to why Environmental Compensation be not levied upon him for these blatant violations of Environmental Laws. Now, therefore, in view of foregoing back ground Environmental Compensation under Polluter Pays Principle as per approved guidelines of the Central Pollution Control Board and the Hon’ble National Green Tribunal, to the tune of the Rs.64,21,000/- is hereby levied upon Executive Officer Municipal Committee, Bandipora for violation of Solid Waste Management Rules, 2016 for the period commencing from the date show cause notice dated 26.06.2020 to 25.09.2020 i.e. the date of latest report of Regional Director, PCB, Kashmir”
Municipal Council Bandipora went to NGT to challenge the PCB’s order. The NGT’s 4 member Principal Bench headed by justice A K Goel on October 21st 2021 dismissed the appeal with the following observations :
“In view of the above, no interference is called for with the above order. However, the amount recovered may be utilized for restoration of the environment by preparing an action plan with timelines by a joint Committee comprising State PCB and District Magistrate, Bandipora. The plan may be prepared within two months and executed within the stipulated timeline. The plan may take into account plans already prepared for protecting the water bodies/wetlands in compliance with the order of the Tribunal dated 22.07.2021 in O.A. No. 351/2019, Raja Muzaffar Bhat v. State of Jammu and Kashmir & Ors. The appeal is disposed of”
Appeal before Supreme Court
When the Municipal Council Bandipora didn’t get any relief from NGT they went to the Supreme Court of India. The SC double bench of Justices Ajay Rastogi and CT Ravi Kumar in the order said that court finds no ground to interfere with the impugned order passed by the National Green Tribunal. The civil appeal was accordingly disposed of. The Supreme Court while reprimanding the J&K Govt and Municipal Council Bandipora said that the state cannot play with the lives of people.
“Is it the way you deal with matters? Is it the consciousness of your state? You cannot play with the lives of the people.Deposit the fine,” the SC bench said while dismissing the plea filed by the civic body.
The counsel appearing for the Municipal Council Bandipora submitted that the penalty was levied despite the new dumping ground being ready. He submitted that the municipal council has taken remedial action for scientific management of solid waste. But these arguments were not at all considered by the Supreme Court.
Environmental Compensation Notices
On November 24th 2020, the Pollution Control Board J&K issued an Environmental Compensation notice to Municipal Council Sopore for unscientific waste disposal at Tarzoo Ningle area. This author had moved a petition before NGT in that case as well as wetland area was being converted into a landfill site by District Administration Baramulla and MC Sopore
On July 10th NGT issued a notice to Govt in my case and when the work continued the Environmental Compensation to the tune of Rs 130.46 lakhs was imposed on Municipal Council Sopore. I have been told that till date the amount has not been paid by the Council and it is unclear whether the said order was challenged or not. I will be writing a follow-up article on this issue soon. JK PCB had directed the MC Sopore to pay the said amount within 45 days , but till date the amount is yet to be paid, sources told me. What PCB has done is also unclear
Municipal Council Udhampur
In another case, the National Green Tribunal (NGT) in May 2020 didn’t give any relief to the Municipal Council Udhampur and upheld the order of the J&K Pollution Control Board wherein Environmental Compensation to the tune of Rs 1.39 crore had been imposed for unscientific disposal of Municipal Solid Waste (MSW) in a forest area on Jammu Srinagar highway (NH44).
The National Green Tribunal while dealing with a case titled Paryavaran Suraksha Samiti and Another Versus Union of India and Others had in 2019 decided to levy Environmental Compensation under the ‘Polluter Pays Principle’. The NGT prepared a formula for working out the compensation for polluting the environment through effluents, municipal solid waste and sewage etc. The J&K Pollution Control Board on the basis of the news reports about illegal and unscientific dumping of municipal solid waste in the outskirts of the town took up this issue Municipal Council Udhampur. The Pollution Control Board worked out the Environmental Compensation by directing the Municipal Council to pay Rs 1.39 crore for polluting the environment by resorting to illegal and unscientific dumping and disposal of solid waste.
The Council didn’t adhere to the PCB orders. The PCB approached the Deputy Commissioner Udhampur for recovery of the amount along with the interest as arrears of land revenue under Land Revenue Act which is applied in such cases. The Municipal Council Udhampur approached the National Green Tribunal challenging the order of the J&K Pollution Control Board, but the NGT set aside the appeal and upheld the order of the J&K Pollution Control Board. It is unclear whether the compensation money has been paid or not.
Conclusion
By rejecting the appeal filed by Municipal Council Bandipora the Supreme Court has made it clear that there cannot be any compromise with regards to managing the municipal solid waste as per guidelines of MSW Rules 2016. The Officers of Civic Bodies in J&K need to keep this thing in mind that they will be taken to task now as NGT as well as Supreme Court are both serious about destruction of environment in J&K particularly the unscientific waste disposal near water bodies (Rivers, Streams , Lakes , Wetlands etc). The recent penalty of Rs 35 Crores imposed by NGT against pollution in Doodh Ganga should also be a wake up call for the Government.
- Views expressed in the article are the author’s own and do not necessarily represent the editorial stance of Kashmir Observer
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