Depression Due To Air Pollution| Failure To Provide Steps Taken, Vague Reply, NGT Imposes Rs. 25k Cost On MoEFCC

The principal bench of National Green Tribunal (NGT) has imposed a cost of Rs.25,000 on the Ministry of Environment, Forest and Climate Change (MoEFCC) for failure to provide “even a single step taken” for preventing air pollution containing hazardous chemicals.

A bench of Justice Sudhir Agarwal and Dr. A. Senthil Vel said, “Counsel appearing for MoEF&CC when asked as to what effective steps have been taken by MoEF&CC, he admitted that reply given by MoEF&CC is not clear on this aspect and despite repeated query, he could not give even a single step taken for effective control of air pollution by MoEF&CC. For filing such vague and irrelevant reply, we impose a cost of Rs. 25,000/- upon Respondent No. 1.”

The Tribunal was hearing suo moto on the basis of a news item titled “Feeling anxious? Toxic air could be to blame" published in The Times of India in October. As per the news item, long term exposure to air pollution could lead to higher risk of depression and anxiety besides respiratory disorder. People who breathe in polluted air experience changes within the brain that control emotions and chances of developing anxiety, depression, etc. are increased, NGT noted.

In October, after examining the matter the Tribunal observed that the issue needs to be examined and original application is in respect of various chemical and physical components causing air pollution and adverse effect of each of such physical and chemical component on different organs of human body.

It is pertinent to note that, larger issue relating to air pollution and dip in the quality of air in Delhi was already taken up, but the Tribunal found that specific issue noted in present matter required further examination. Consequently, six respondents including MoEF&CC, Central Pollution Control Board (CPCB) , Indian Council of Medical Research (ICMR) were impleaded and notices were issued.

The bench noted that as per reply filed by CPCB they admitted presence of several metals and other polluted elements in air causing pollution for which National Ambient Air Quality Standards have been notified but, no effective steps have been taken by CPCB for controlling and preventing air pollution.

NGT also highlighted that from the reply, it is found that the amount of environment compensation deposited with CPCB is being diverted for unauthorized purposes. In view of this the Tribunal sought complete details of “entire amount of environmental compensation lying deposited within and shall also be given manner in which any amount out of above fund has been spent or utilized till November 30.”

Adding that funds of environmental compensation cannot be diverted for such activities which are not permissible to be undertaken by CPCB and this is a gross misuse and serious financial irregularity by diverting funds for unauthorized activities, the Tribunal asked the counsel for CPCB that “to how CPCB is concerned with construction/repair of roads which is the statutors

responsibility of local bodies.”

The bench allowed a month's time to CPCB “to ensure that amount deposited with CPCB under the head of "Environmental Compensation" is neither diverted nor there should be any financial irregularity as it amounts to misappropriation of funds on the part of CPCB by providing such funds for activities which are not within the domain of CPCB.”

While noting that the response on steps taken for prevention of air pollution is vague, the bench imposed a cost of Rs.25,000 on the MoEFCC.

The matter is now deferred to February 14, 2024.

Case Title: In re: News item appearing in Times of India dated 10.10.2023 titled “Feeling anxious? Toxic air could be to blame”

Appearance: Avinash Sharma, Adv. for MoEF & CC (Through VC)

Amit Singh Chauhan, Adv. for CPCB (Through VC)

Arun Sanwal, Adv. for Indian Council of Medical Research

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