Protection of environment least priority for H&UDD
Recovery of Rs 1.39 cr compensation for violating law
Mohinder Verma
JAMMU, May 26: Taking tough stance against unabated discharge of untreated sewage into the river, the National Green Tribunal has declined any relief to the Municipal Council Udhampur and upheld the order of the Jammu and Kashmir Pollution Control Board whereby Environmental Compensation to the tune of Rs 1.39 crore has been imposed on this urban local body.
Moreover, filing of application before the National Green Tribunal challenging the order of the Pollution Control Board has clearly established that protection of environment is a least priority for those at the helm of affairs in the Housing and Urban Development Department, who otherwise should have ensured scientific disposal of waste right from the day the first notice was issued to the Municipal Council Udhampur.
The National Green Tribunal while dealing with a case titled Paryavaran Suraksha Samiti and Another Versus Union of India and Others had last year decided to levy Environmental Compensation under the ‘Polluter Pays Principle’. The Tribunal even prepared formula for working out the compensation for polluting environment through effluents, municipal solid waste and sewage etc.
Accordingly, the J&K Pollution Control Board on the basis of the reports about illegal and unscientific dumping and disposal of solid waste took up the issue with the Chief Executive Officer of the Municipal Municipal Council Udhampur through series of communications.
However, there was no positive response and the reckless handling and disposal of solid waste on the hill slopes alongside National Highway continued besides putting a part of the waste to fire intermittently.
Finally, the Pollution Control Board worked out the Environmental Compensation and asked the Municipal Council Udhampur to pay Rs 1.39 crore for polluting the environment by resorting to illegal and unscientific dumping and disposal of solid waste.
Shockingly, there was no compliance to the directions of the Pollution Control Board by the Chief Executive Officer of the Municipal Council Udhampur and this compelled the Board to approach the Deputy Commissioner Udhampur for recovery of amount along with the interest as arrears of land revenue.
In the meanwhile, the Municipal Council Udhampur approached the National Green Tribunal challenging the order of the J&K Pollution Control Board. However, the Tribunal has declined any relief and upheld the order of the Board.
“Reliance has been placed on the timelines fixed by the Tribunal beyond which direction is for recovery of compensation. However, the direction doesn’t debar exercise of statutory powers for violation of environmental norms to recover cost of restoration of environment from violators to give effect to the statutory mandate of the Water Act”, a Bench of the National Green Tribunal headed by its Chairperson Justice Adarsh Kumar Goel has mentioned in the order, the copy of which is available with EXCELSIOR.
The order further read: “While this Tribunal has directed levy of compensation mandatorily, it cannot be read to mean that for violation of law for the earlier period, the Tribunal has deprived the statutory authorities from recovering compensation. It is not the case of the applicant that law has not been violated inspite of directions and timelines laid down by the Supreme Court”.
“Even otherwise, the applications are not maintainable as statutory appeals are provided. Even if the application is treated as appeal, the same is beyond the period of limitation and the period for which delay can be condoned under Section 16 of the NGT Act, 2010”, the order said, adding “period prescribed for filing appeal is 30 days which can be extended by further 60 days but the present application is beyond 90 days from the impugned order”.
The Tribunal has further observed, “the Municipal Council has not shown taking of any meaningful steps for performing its duty of treating the sewage and not discharging untreated sewage in river or on land as is said to have been done”.
“Now, the Environmental Compensation payable by the Municipal Council Udhampur will go beyond Rs 1.39 crore as 12% interest has to be calculated, which was clearly mentioned in the order”, official sources said, adding “the shocking aspect is that even till date the Municipal Council Udhampur has not initiated steps to ensure scientific disposal of the solid waste”.
“All this has clearly established that protection of environment is least priority for those at the helm of affairs in the Housing and Urban Development Department”, sources said while disclosing that on persistent default of Municipal Council Udhampur the matter was even taken up with the Principal Secretary to Government, Housing and Urban Development Department with the request to get the practice of illegal dumping and unscientific disposal of waste stopped.
“It is really a matter of serious concern that instead of asking the Municipal Council Udhampur to ensure scientific disposal of solid waste the Housing and Urban Development Department advised the CEO of the Council to knock the doors of the National Green Tribunal against the order of the Pollution Control Board”, sources said.
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