NGT imposes penalty on SMC

Srinagar, Oct 24: The J&K Pollution Control Committee (JKPCC) on the direction of National Green Tribunal (NGT) has imposed a penalty in shape of Environmental Compensation to the tune of more than Rs 41.67 crores on Srinagar Municipal Corporation (SMC) for failing to prevent pollution of Doodh Ganga river.

The official order no: 33-JKPCC of 2024 dated 19.10.2024 was submitted before the NGT on Wednesday wherein Commissioner SMC has been directed to pay this amount into JKPCC’s bank account within 30 days. This stringent action was taken by JKPCC on the orders of NGT wherein the tribunal had directed for making an assessment of environmental compensation under Polluter Pays Principle (PPP) in the matter of Raja Muzaffar Bhat v/s J&K Govt and others.

Pertinently, the Srinagar Municipal Corporation had set up at least 6 to 8 pumping stations post 2014 floods after getting World Bank funds on Doodh Ganga at Chanapora, Natipora, Barzulla, Bulbul Bagh and Tengpora for flood water mitigation but these pumps houses according to the petitioner were flushing all the untreated liquid waste into Doodh Ganga in clear violation of Water Prevention and Control of Pollution Act– 1974.

This matter was brought into the notice of NGT by Dr Raja Muzaffar Bhat some years back under OA No: 241/2021 through his counsel Advocate Rahul Chowdhary. The tribunal initially imposed Rs 1crore interim compensation on SMC. In addition to it Rs 1 crore imposed on MC Chadoora and MC Budgam each and District Mineral Officer Budgam was asked to pay Rs 1 crore for his failing to curb illegal riverbed mining in Doodh Ganga. Later on Rs 32 Crores penalty was imposed on Govt again. All the amount supposed to be used for Doodh Ganga restoration.

The Govt on NGTs order also gave administrative approval for Rs 140 Cr project to set up several Sewerage Treatment Plants -STPs on Doodh Ganga. The Executive Engineer UEED invited tenders also for Rs 46 crores but the land was not provided to them by the Revenue Department and this was given in writing by Chief Engineer UEED Kashmir to NGT some days back.

This year in April the NGT had asked the JKPCC to impose environmental compensation -EC on SMC. This was followed by another order dated 10.07.2024 .

The NGTs previous order reads: “The above sequence of events clearly revealed that though substantial time has lapsed after passing of initial order by the Tribunal and bringing it to the notice of local authorities, the gravity of the situation, yet no serious efforts have been made by the local bodies,” the order reads, adding, “Hence, the only option left is to impose Environmental Compensation (EC) on the violators for continuous violation of environmental norms.”

While imposing Environmental Compensation -EC of Rs 41,47,61000 on Commissioner SMC the Member Secretary JK Pollution Control Committee in his order dated 19.10.2024 directed the Commissioner SMC to deposit the penalty amount within 30 days into JKPCC EC fund account. The said order reads: “ In compliance to the directions of Hon’ble NGT dated 10.07.2024 in OA 241/2021 Environmental Compensation-EC amounting to Rs 41,47,61000 is hereby levied upon Commissioner Srinagar Municipal Corporation , Srinagar on the basis of Polluter Pays Principle-PPP with the advice to deposit the EC in the Environmental Compensation Fund Account No: 0023040510000001 of JK Pollution Control Committee in J&K Bank within 30 days from the order.

"I am grateful to the NGT for coming to our rescue as there has been a complete administrative failure in the SMC and other Govt institutions in the last several years. The officers who allowed these faulty constructions, pump stations should be identified and penalised as well. I am sure Chief Minister Omar Abdullah will take this matter very seriously" said Dr Raja Muzaffar Bhat, petitioner in this case.