Repeat Offender: SMC Continues to Pollute and Pay Penalties 

Srinagar Municipal Corporation (SMC) has yet again been penalised on the direction of the National Green Tribunal (NGT) for flushing out untreated sewage into Doodh Ganga stream. In March 2022, the NGT in its order had imposed an interim compensation of Rs 1 crore on SMC for this criminal act. It took NGT more than 2 and a half years to impose the environmental compensation of  more than Rs 41.47 Crores under the Polluter Pays Principle (PPP) as SMC failed to take preventive measures to stop massive water pollution in Doodh Ganga. The Environmental Compensation of Rs 41,47,61000 was estimated between year 2021 to 2024 only. Had this been calculated for the last 10 years, it would have been more than Rs 100 Crores. 

Case Background 

The J&K Pollution Control Committee (JKPCC) acted on the direction of National Green Tribunal recently and imposed an Environmental Compensation to the tune of more than Rs 41.47 Crores on Srinagar Municipal Corporation.  This is a sort of a penalty which is imposed under the Polluter Pays Principle; polluters which are used in order to make a party or an individual pay for the damage caused to the environment. The JKPCC’s official order number: 33-JKPCC of 2024 dated 19.10.2024 was submitted before the NGT on October 23^rd 2024 wherein the Commissioner of Srinagar Municipal Corporation has been ordered to deposit this huge penalty into Pollution Control Committee’s bank account within a period of 30 days.

The J&K Pollution Control Committee took this strong action on the orders of NGT where this author had moved a formal application in the year 2022 after J&K Govt especially the SMC failed to take remedial action in preventing Doodh Ganga from water pollution. It is important to mention that the Srinagar Municipal  Corporation has set up more than half dozen storm water pumping stations post 2014 floods after getting World Bank funds. These stations were supposed to pump out storm water into the Doodh Ganga at Chanapora, Natipora, Barzulla, Bulbul Bagh and Tengpora but SMC planners have connected these pump stations with the sewerage lines. All the untreated liquid waste is flushed into Doodh Ganga in clear violation of Water Prevention and Control of Pollution Act – 1974.  

This matter was brought into the notice of National Green Tribunal -NGT by this author some years back under original application- OA No: 241/2021 through my counsels Advocate Rahul Chowdhary and Advocate Kustav Dhar. 

Interim compensation of Rs 3 Cr

The tribunal initially imposed Rs 3 crore interim compensation on different Govt agencies in 2022.  SMC paid Rs 1 Crore penalty.  Rs 1 crore compensation was imposed on the Municipal Committee- MC Chadoora and MC Budgam each. The Geology & Mining Department Budgam was also penalized with Rs 1 crore penalty for failing to curb illegal riverbed mining in Doodh Ganga. In total Rs 3 crores were paid into the bank account of DC Budgam and the same was spent on various restoration works in Doodh Ganga & Mamath Kul in Budgam.  Later, Rs 32 Crores penalty was imposed on the Govt again. All the amount is supposed to be used for Doodh Ganga restoration. The Govt on NGTs order also gave administrative approval for Rs 140 Cr project to set up several Sewerage Treatment Plants -STPs on Doodh Ganga. The Executive Engineer UEED also invited tenders for Rs 46 crores in September this year but the set up for these plants is yet to be identified and the Revenue Department hasn’t provided the same which is causing delay in execution of work on STP installation. The Chief Engineer UEED Kashmir mentioned about the delay in land acquisition before NGT and blamed the Revenue Department for the same in a written response.    

SC imposes EC on MC Bandipora 

In March 2019, this author moved another petition in the National Green Tribunal (NGT) against unscientific dumping of municipal solid waste by Bandipora Municipal Council at Zalwan 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 dumped by the local municipality which was supposed to enforce the MSW Rules 2016 on ground.

In addition to the municipal waste dumping in Wullar lake around Bandipora, I also raised the issue related to waste dumping and illegal encroachment of Hokersar and Kreechu Chandhara 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 Committee on 9.2.2021 issued a notice directing MC Bandipora to pay Rs 64. 21 lakhs as Environmental Compensation under Polluter Pays Principle as per the approved guidelines of the Central Pollution Control Board and the National Green Tribunal (NGT).

The Municipal Council Bandipora went to NGT to challenge the PCC’s order. The NGT’s four-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.”

Failing to get any relief from NGT, the Municipal Council Bandipora filed an appeal before the Supreme Court of India. The Supreme Court bench of Justices Ajay Rastogi and CT Ravi Kumar in its  order dated October 19^th 2022 said that court finds no ground to interfere with the impugned order passed by the National Green Tribunal. While castigating the Bandipora Municipality the Supreme Court in its order said:

“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.” 

I am sure Srinagar Municipal Corporation will move to the Supreme Court with an appeal against the NGT’s order. This is their right but as mentioned above, the Supreme Court has already been serious about the environmental degradation in Kashmir. In majority of the cases, SC hardly gives relief to the municipal institutions against imposition of Environmental Compensation-EC by NGT. I am sure the SMC will have to pay this penalty amount which should be used for restoration of Doodh Ganga. 

Conclusion 

It is the duty of the newly elected Govt and J&K Anti Corruption Bureau to probe into this issue as NGT orders have made it clear that SMC has failed to prevent Doodh Ganga and Hokersar wetland from getting polluted. For more than 3 years, this case has been pending before NGT and SMC is not worried and keeps paying penalty money which belongs to poor taxpayers. Let the responsibilities be fixed and penalty money be realised from the real culprits. It is high time that CM gets this matter probed through J&K Anti Corruption Bureau. Let those black sheeps be identified who connected storm water drainage pipelines with sewerage lines. 

• 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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