New Delhi– Deputy Commissioner / District Magistrate Poonch has been asked to deposit Rs 10,000 as cost for delaying in submitting a response before the National Green Tribunal-NGT. The Principal Bench of NGT comprising Justice Prakash Shrivastava (Chairperson), Justice Arun Kumar Tyagi (Judicial Member) and Dr A Senthil Vel (Expert Member).
The Principal Bench of NGT passed the order on September 9th 2024 in the case of Dr Raja Muzaffar Bhat v/s Union Territory of Jammu and Kashmir and Others. The petitioner, a known RTI & Environmental activist, had raised the issue of unscientific dumping and improper management of solid waste and bio-medical waste in the Poonch town falling between Sher-e-Kashmir Bridge and the confluence of Poonch River and Belar Nullah. The applicant in his petition alleged that solid waste was being dumped by Municipal Council Poonch near the river in violation of water act 1974.
Pertinently the NGT vide its order dated March 13, 2024 had taken note of the fact that the Jammu and Kashmir Pollution Control Committee had imposed Environmental Compensation of Rs 81 lakh upon the Municipal Council, Poonch for open and unscientific dumping and disposal of solid waste on the bank of Suran River near Sher-e-Kashmir Bridge at Poonch.
It was also observed that for the violation after November 2022 further action for imposing Environmental Compensation be initiated.
The order of NGT dated May 24, 2024 also took note of the fact that subsequently vide order dated May 22, 2024 passed by J&K Pollution Control Committee Environmental Compensation of Rs 1.62 Crores imposed upon Municipal Council Poonch.
In the order dated May 24, 2024 the NGT had further observed that the Deputy Commissioner Poonch had not made it clear as to why the action was not taken for the realization of Environmental Compensation imposed by J&K Pollution Control Committee. In that background, a fresh report was sought from the Deputy Commissioner Poonch.
“No fresh report has been filed by the District Magistrate Poonch till now. Hence, we impose a cost of Rs 10,000 upon Deputy Commissioner/District Magistrate Poonch for not complying with the order and for not filing the report”, read the latest order of the NGT.
The Principal Bench of National Green Tribunal in its fresh order has directed the Deputy Commissioner Poonch to file a report in terms of the order dated May 24, 2024 within four weeks. The tribunal has also directed the DC Poonch to disclose the status of the allotment of land for solid waste management by the Municipal Council Poonch.
The order further reads “The fresh report of the CEO Municipal Council Poonch reveals that 50,000 metric tons of legacy waste is dumped at Ward No.11 Poonch. There is no timeline indicated for clearing the legacy waste. The CEO, appearing virtually, admitted that even today after processing 8 tons of waste out of 11 TPD at least three tons of unprocessed daily waste is added to the legacy waste. The order dated May 24, 2024 indicates that J&K Pollution Control Committee had levied Environmental Compensation for violation up to January 31, 2024 therefore for the subsequent violation by the Municipal Council Poonch, the requisite action to impose the Environmental Compensation is required to be taken by J&K Pollution Control Committee. The Tribunal has directed the JKPCC, Municipal Council Poonch and Deputy Commissioner Poonch to file a fresh report within six weeks “
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