"Continuing Environmental Damage, Huge Gaps In Management Of Solid & Liquid Waste": NGT Imposes ₹3500 Crores Fine On State Of West Bengal

The National Green Tribunal has imposed a heavy fine of Rs. 3500 as environmental compensation on the State of West Bengal for causing continuous damage to the environment due to non management of solid as well as liquid waste.

A bench headed by Chairperson Adarsh Kumar Goel directed that the fine may be deposited by the State in a separate ring-fenced account within two months to be operated as per directions of the Chief Secretary, adding that it must be utilised for restoration measures.

The Bench said that the restoration measures include preventing discharge of untreated sewage and solid waste treatment as per appropriate mechanism for planning and execution that may be evolved, within a period of three months.

"If violations continue, liability to pay additional compensation may have to be considered. Compliance will be the responsibility of the Chief Secretary," the Bench said.

It added "Moreover, without fixing quantified liability necessary for restoration, mere passing of orders has not shown any tangible results in the last eight years (for solid waste management) and five years (for liquid waste management), even after expiry of statutory/laid down timelines. Continuing damage is required to be prevented in future and past damages is to be restored."

While transferring various matters to the NGT, the Supreme Court had asked the Tribunal to monitor issues regarding solid as well as liquid waste management concerning the State of West Bengal.

Thereafter, the Tribunal had expected three model cities, towns and villages to be made compliant in six months and the remaining State with one year. However, the Bench expressed displeasure over the progress by opining that the State had not taken its directions seriously.

"Even after three years, neither there is adequate compliance nor the same has been projected in immediate future. No accountability fixed, no performance audit shown to have been conducted and no entries in ACRs are shown to have been made. There is nothing to show that compensation has been recovered in terms of directions of the Tribunal," it said.

The Bench was also disappointed to see the data presented by the Chief Secretary of the State which showed that after January 2020, there was no meaningful progress in the matter.

"Till the gaps are bridged, unprocessed solid waste and untreated liquid waste will continue to remain source of degradation of environment and damage to public health, including deaths and diseases which the society can ill afford. Hence, the urgency of the situation for good governance for ensuring emergent measures in public interest to protect the environment, natural resources and public health as per mandate of the Constitution," the Tribunal said.

The Bench also expressed concern that even after 48 years of enactment of Water (Prevention and Control of Pollution) Act, 1974 and expiry of timelines for taking necessary steps for solid waste management, huge gaps still existed.

"Are there insurmountable difficulties for State authorities or lack of will and determination? We find it difficult to believe the first. In our view, it is lack of good governance and determination responsible for the situation which needs to be remedied soonest," it said.

Further observing that there is no accountability for the past breaches, the Tribunal said that compliance of environmental norms on the subject of waste management has to be on high on priority.

"Tribunal has come across cases of serious neglect and continuing damage to the environment in absence of inadequate steps for treatment of solid and liquid waste. We are of the view that issues have been identified and monitored by the Tribunal for a long time. It is high time that the State realizes its duty to law and to citizens and adopts further monitoring at its own level," the Tribunal said.

The Bench accordingly said that it hopes the Chief Secretary to take further measures in the matter by innovative approach, stringent monitoring at appropriate level, including at the level of the District Magistrates and the Chief Secretary, ensuring that the gap in solid and liquid waste generation and treatment is bridged at the earliest, shortening the proposed timelines, adopting alternative or interim measures.

Imposing environmental compensation on the State, the Tribunal also directed that a six monthly progress reports may be filed by the Chief Secretary for further follow up in the matter.