SC Stays Coercive Steps By NGT Against Municipal Commissioner Of Greater Mumbai Over Discharge Of Untreated Waste Into Water Bodies

The Supreme Court on Friday stayed any coercive steps by the NGT against the Municipal Commissioner or Municipal Corporation of Greater Mumbai in connection with the issue of discharge of untreated waste into the sea, creek and river bodies.

The bench of Justices D. Y. Chandrachud and M. R. Shah was hearing the appeal against the July 16 order of the NGT directing the Municipal Commissioner of the Municipal Corporation of Greater Mumbai to appear in person along with his response and compliance status in respect of each of the directions which have been issued by the Tribunal in its order of October 14, 2020, in regard to, inter alia, ensuring compliance with the requisite standards for the discharge of effluents including municipal waste and sewage. The Municipal Commissioner has been directed to explain why coercive measures under Section 25 of the National Green Tribunal Act, 2010 read with Section 51 of the CPC may not be taken to ensure compliance with the order of the Tribunal.

In the order of October 14, 2020, after finding serious violations of environmental norms, the Tribunal had also directed the MCGM to pay compensation as follows:

i. Bioremediation and/or phytoremediation or any other remediation measures for treatment of sewage water if not taken by the Municipal Corporation, compensation at the rate of Rs. 5 lakhs per month per drain is to be deposited with the Central Pollution Control Board (CPCB) by the Municipal Corporation;

ii. Where the operational deficiencies of the existing STPs have not been rectified and untreated effluents is being discharged into the water bodies, the environmental compensation at the rate of Rs. 10 lakhs per month per STP be deposited to the CPCB;

iii. With regard to the situation where works with regard to STP, sewerage network and its connectivity have not yet started, the Mumbai Municipal Corporation has to pay an environmental compensation at the rate of Rs. 10 lakhs per month per STP, sewerage network and its connectivity after 31.12.2020;

iv. Guidelines issued with regard to the Musi River and dealing with the coastal pollution, the directions issued from the Principal Bench of this Tribunal must be strictly complied with and in case of violation, the State PCB is directed to proceed in accordance with law for realisation of environmental compensation;

v. 100% treatment of sewage may be ensured as directed by the Principal Bench of the Tribunal and timeline for completing all steps of action plans including completion of setting up STPs and their commissioning till 31st March 2021 and in case of default compensation laid down in the case of River Ganga i.e. Rs.10 lakhs per month per STP;

vi. The Bombay Municipal Corporation is liable to pay environmental damage for the discharge of untreated sewage water into the water bodies at the rate of Rs. 4.25 crores per month and arrears of Rs. 29.75 crores. The BMC is directed to pay the amount of Rs. 29.75 crores to the account of CPCB within 30 days from today and ensure to regularly pay Rs. 4.25 crores per month till the bio-remediation or phytoremediation measures are taken by the authorities concerned. If remediation or treatment of the water of sewage water is taken, it will be reduced at the rate of Rs. 5 lakhs per month per drain systematically.

The bench opined that the issue which has been raised in the proceedings before the NGT is "indeed serious since it relates to the discharge of untreated waste into the sea, creek and river bodies" and that "the Municipal Corporation must, in our view, make every effort to comply with the directions of the NGT by setting up the required facilities and upgrading existing facilities".

"Humanity can ill afford the luxury of using water bodies as dumping grounds of municipal waste. It is absolutely no valid answer to say that the directions which have been issued by the NGT would pose budgetary implications for the Municipal Corporation, particularly when the report of the expert committee indicates quite to the contrary. The discharge of untreated sewage and waste from Mumbai is a matter of serious concern and needs to be attended to with the highest priority. The protection of the environment is a matter of universal concern", expressed the bench.

The bench directed that the Municipal Corporation and the Municipal Commissioner must respond to the notice which has been issued by the NGT. At the same time, the bench added that the recourse to coercive steps against the Municipal Commissioner is "not appropriate", particularly when "the official is engaged in a herculean effort to respond to the Covid 19 pandemic for protecting the residents of the metropolis". The bench said that reasonable time should be given to MCGM and the Municipal Commissioner to apprise the Tribunal of the steps taken.

"We accordingly direct that within a period of two weeks from today, the Municipal Commissioner shall file an affidavit before the NGT categorically indicating the steps which have been taken to comply with the directions of the NGT, particularly in regard to ensuring compliance with the requisite standards for the discharge of effluents including municipal waste and sewage. The affidavit shall set down a concrete plan of action for the future. NGT may consider the affidavit and the steps which have been taken to ensure compliance", ordered the bench.

The bench stated that pending further orders, however, no coercive steps shall be taken against the Municipal Commissioner or the Municipal Corporation in pursuance of the July 16 order. However, the bench added that in the event that the Municipal Corporation does not make a good faith effort to place before the NGT a full schedule of steps taken and those which are proposed to be taken, "we may be constrained to vacate the stay on the direction on the next date of listing"

"The above directions should not be interpreted as a carte blanche to the Municipal Corporation to continue to violate the prescribed pollution control norms in the interregnum and all steps shall be taken in the meantime to ensure compliance", clarified the bench on Friday.

In the course of the hearing on Friday, Justice Chandrachud also emphasised that "small cities have to be protected from the deprivations of industrialisation which will now happen there."

This was in the context of the NGT having required that the strict norms for effluent discharge recommended for Sewage Treatment Plants in the metropolitan and other big cities will apply across the country.

"Can the government say that the people in the smaller cities can be given a lower quality of life than those in the metros? There has to be a uniform quality of life", continued the judge.

"Remember what Chennai, Bengaluru, Kochi and Mumbai were like when we were children. If we don't look after the cities at the brink of urbanisation, what will be the fate? The government of India and the state governments have the funds. What are they doing? They should provide funds to the smaller cities!", said Justice Chandrachud.

Case Title: Municipal Corporation of Greater Mumbai v. Nitin Shankar Deshpande & Ors.

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