Plea of non-availability of budgetary provision being taken
Objective behind explicit NGT directives getting defeated
Mohinder Verma
JAMMU, Oct 8: While private sector is paying Environmental Compensation being imposed by the Jammu and Kashmir Pollution Control Committee for violating Environmental Laws, the Urban Local Bodies (ULBs) and other agencies are dilly-dallying on the same on the plea of non-availability of budgetary provisions as such the objective behind the explicit directives of the National Green Tribunal (NGT) is getting defeated.
The Supreme Court vide order dated February 22, 2017 in Paryavaran Suraksha Samiti Versus Union of India had directed that the issue of environment pollution be monitored by the National Green Tribunal. Accordingly, Tribunal started looking into the issue regarding establishment and functioning of Effluent Treatment Plants (ETPs), Common Effluent Treatment Plants (CETPs) and Sewage Treatment Plants (STPs) so as to check pollution of environment.
Finally, the National Green Tribunal decided to levy Environment Compensation under the ‘Polluter Pays Principle’ with the objective of having deterrent impact and to generate funds for initiation of measures to mitigate adverse impact on the environment. The Tribunal even prepared formulas for working out the compensation for polluting environment through effluents, municipal solid waste and sewage etc.
Pursuant to the directions of the NGT dated February 19, 2019 for levying Environmental Compensation under ‘Polluter Pays Principle’ in Original Application No.593/2017, the Central Pollution Control Board came up with the guidelines for charging Environment Compensation from defaulters of environmental laws/polluters.
In compliance to the directives of the National Green Tribunal, the Jammu and Kashmir Pollution Control Committee started imposing Environmental Compensation on the industrial units, health institutions (both in private and Government sector) and Urban Local Bodies (Municipal Corporations, Municipal Councils and Municipal Committees) besides Development Authorities including agencies involved in the construction of road projects after strictly following the criteria laid down by the Tribunal and in the light of the guidelines of Central Pollution Control Board.
“While almost all the private sector violators of the Environmental Laws have paid the Environmental Compensation to the J&K Pollution Control Committee, the Urban Local Bodies, Government hospitals and Development Authorities are dilly-dallying on one or the other pretext”, official sources told EXCELSIOR.
After action on the part of the J&K Pollution Control Committee, majority of the violators (both private and Government sector) made efforts to get some sort of relief by knocking the doors of the National Green Tribunal and in some cases even Apex Court of the country. However, their pleas were turned down, sources said.
“After failing to get reprieve from Tribunal and Supreme Court the private sector violators paid Environmental Compensation to Pollution Control Committee but the official agencies are still reluctant to pay Environmental Compensation thereby violating the directives of the NGT”, they informed.
They further said, “the Government sector agencies are taking the plea of non-availability of budgetary provision for making payment of Environmental Compensation, which otherwise is highly unjustified and is nothing less than a stumbling block in mitigating adverse impact on the environment caused by violation of laws”.
“Most of these agencies particularly Urban Local Bodies have conveyed to the Pollution Control Committee that they have taken up the matter with their Administrative Departments, which have further brought the matter to the notice of the Finance Department and Environmental Compensation will be paid only when requisite funds are made available at their disposal”, sources disclosed.
In response to a question, they said, “the Environmental Compensation amount is required to be utilized in the same district or area where the damage to the environment has been caused by these agencies and because of inordinate delay in making payment the initiation of corrective measures is getting delayed”.
It is pertinent to mention here that formula for Environment Compensation approved by the National Green Tribunal incorporates the anticipated severity of environmental pollution in terms of Pollution Index, duration of violation in terms of number of days, scale of operation in terms of micro/small/medium/large industry and location in terms of proximity to the large habitations.
Moreover, the Pollution Index is arrived after considering quantity and quality of emissions/effluents generated, types of hazardous wastes generated and consumption of resources.
When contacted, officers of the J&K Pollution Control Committee, while wishing anonymity, admitted inordinate delay on the part of Government agencies in making payment of Environmental Compensation. “We have taken up the matter at the highest level”, they added.
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