Ngt fines for waste mismanagement - environment
News: The
National Green Tribunal (NGT) has recently levied a hefty fine of Rs 1,000
crore on the Punjab government due to its consistent failure to effectively
manage the state’s solid and liquid waste. This punitive measure comes after
multiple warnings were disregarded by the state authorities. The imposed fine
must be paid to the Central Pollution Control Board (CPCB) within the upcoming
month, highlighting the urgency of addressing environmental management
failures.
What’s
in the news?
Reasons
for NGT’s Penalty on Punjab Government
- Inadequate Waste Management: The
National Green Tribunal (NGT) imposed a penalty on the Punjab Government
for its failure to effectively manage solid and liquid waste across the
state.
- Calculation of Penalty: The
fine was based on environmental assessments conducted over six months,
addressing 5.387 million tonnes of unprocessed legacy waste and
deficiencies in sewage treatment capacity.
- Regulatory Framework: The
NGT cited non-compliance with the Solid Waste Management Rules, 2016, and
Section 15 of the Environment (Protection) Act, 1986, which govern waste
management practices.
- Non-compliance with Previous Orders: The
tribunal highlighted the state’s failure to adhere to its 2022 directives,
which included establishing a ring-fenced account containing Rs 2,080
crore as per Section 26 of the NGT Act, 2010.
- Legal Follow-up: The
NGT has issued show cause notices to senior administrative officials in
Punjab, including the Chief Secretary and Additional Chief Secretary
(Urban Development), demanding explanations for the non-compliance.
National
Green Tribunal (NGT)
- The NGT was established on October
18, 2010 under the National Green Tribunal Act 2010, passed by the Central
Government.
- National Green Tribunal Act, 2010 is
an Act of the Parliament of India which enables creation of a special
tribunal to handle the expeditious disposal of the cases pertaining to
environmental issues.
- NGT Act draws inspiration from the
India’s constitutional provision of (Constitution of India/Part III)
Article 21 Protection of life and personal liberty, which assures the
citizens of India the right to a healthy environment.
- The stated objective of the Central
Government was to provide a specialized forum for effective and speedy
disposal of cases pertaining to environment protection, conservation of
forests and for seeking compensation for damages caused to people or
property due to violation of environmental laws or conditions specified
while granting permissions.
Structure
of National Green Tribunal
- Following the enactment of the said
law, the Principal Bench of the NGT has been established in the National
Capital – New Delhi, with regional benches in Pune (Western Zone Bench),
Bhopal (Central Zone Bench), Chennai (Southern Bench) and Kolkata (Eastern
Bench). Each Bench has a specified geographical jurisdiction covering
several States in a region.
- The Chairperson of the NGT is a
retired Judge of the Supreme Court, Head Quartered in Delhi.
- Other Judicial members are retired
Judges of High Courts. Each bench of the NGT will comprise of at least one
Judicial Member and one Expert Member.
- Expert members should have a
professional qualification and a minimum of 15 years’ experience in the
field of environment/forest conservation and related subjects.
Powers
of NGT
The
NGT has the power to hear all civil cases relating to environmental issues and
questions that are linked to the implementation of laws listed in Schedule I of
the NGT Act. These include the following:
- The Water (Prevention and Control of Pollution)
Act, 1974;
- The Water (Prevention and Control of
Pollution) Cess Act, 1977;
- The Forest (Conservation) Act, 1980;
- The Air (Prevention and Control of
Pollution) Act, 1981;
- The Environment (Protection) Act,
1986;
- The Public Liability Insurance Act,
1991;
- The Biological Diversity Act, 2002.
- This means that any violations
pertaining ONLY to these laws, or any order / decision taken by the
Government under these laws can be challenged before the NGT.
- Importantly, the NGT has NOT been
vested with powers to hear any matter relating to the Wildlife
(Protection) Act, 1972, the Indian Forest Act, 1927 and various laws
enacted by States relating to forests, tree preservation etc.
Source: https://www.downtoearth.org.in/waste/ngt-slaps-rs-1000-crore-fine-on-punjab-government-for-faltering-on-waste-disposal#:~:text=NGT%20slaps%20Rs%201%2C000%20crore,for%20faltering%20on%20waste%20disposal&text=The%20National%20Green%20Tribunal%20(NGT,liquid%20waste%20despite%20repeated%20reminders.