Rs 12 Cr Environmental Compensation on SMC
As Srinagar Municipal Corporation (SMC) failed to clear Achan Saidapora landfill site from unscientific waste disposal, the J&K Pollution Control Committee – on the orders of National Green Tribunal -NGT has imposed Environmental Compensation to the tune of Rs 12.62 Crores on it. J&K Pollution Control Committee (JKPCC) provided this information to the NGT recently when the petition of this author was listed for hearing on March 20th 2025.
The NGT also directed the JK Pollution Control Committee (JKPCC) to initiate legal action against eight former SMC Commissioners who held office between 2017 and 2025. This landmark order comes after years of negligence on part of SMC and Housing and Urban Development Department-(HUDD) for not managing municipal solid waste in Srinagar city. The inefficiency of authorities has caused accumulation of 11.50 metric tons of legacy waste at Achan Saidapora which has severely impacted the lives of the local residents. In addition to it, 650 MTs of waste gets dumped at this site on a daily basis and not even 10 % of this waste is treated? The health of people, especially those living in the Achan Saidapora area is at stake. The residents of these localities suffer from different chronic ailments. Their agriculture is gone due to accumulation of leachate in the water-table and above all the livelihood has been severely impacted. These people need to be compensated as well and I will be raising this issue separately once we come up with a detailed social & environmental impact assessment report prepared by an independent surveyor.
Will Achan be cleared in 2 years?
I believe the March 20th order of NGT would pave a way to ensure clearance of massive legacy waste from the Achan Saidapora landfill site. The National Green Tribunal (NGT) is mulling to take action against the eight commissioners who were posted in Srinagar Municipal Corporation (SMC) between 2017-2025. In addition to it the incumbent commissioner has been directed to give an undertaking to ensure 11.50 lakh metric tons of legacy waste that is dumped at the Achan landfill site would be cleared in 2 years. This order came after Commissioner SMC Dr Owais Ahmad informed the NGT that he would require at least 2 years to clear the landfill site of such a huge quantity of legacy waste.The case tiled Raja Muzaffar Bhat v/s Union of India and others regarding unscientific dumping of municipal solid waste at Achan was listed before the three member bench of Justice Prakash Srivastava (Chairman) , Justice Sudhir Aggarwal (Judicial Member) and Dr Senthil Vel (Expert Member) on March 20th 2025. This author was forced to move to NGT as authorities at helm failed to act and the entire Srinagar city stinks during summer months. During the last 3 years, the situation has become unbearable as people feel hopeless and they believe they would have to live life in the same miserable way.
Commissioner to give undertaking
Commissioner Srinagar, Municipal Corporation Owais Ahmad, Regional Director J&K Pollution Control Committee (JKPCC) Abhijeet Joshi, GM Kawoosa Govt counsel, Rajkumar Counsel for Central Pollution Control Board-CPCB and Itisha Awasthi the counsel of this author were present during the hearing. SMC Commissioner Dr Owais was directed by the NGTs three member bench to furnish an undertaking in 10 days and take the responsibility to ensure that within the said timeline ( 2 years) the entire work of clearing legacy waste will be completed through bioremediation / biomining process.
Rs 12 Crore penalty on SMC
During the hearing Regional Director J&K Pollution Control Committee (JKPCC) Abhijeet Joshi informed that around Rs 12 crore penalty will be imposed on SMC as Environmental Compensation and civil action will also be initiated against 8 former commissioners who were posted in SMC between 2017-2025
“So far as respondent J&K PCC is concerned it has filed the reply dated 18.03.2025 disclosing the steps which are being taken to initiate civil action against the officers responsible for violation under the provisions of the Environment Protection Act, 1986. A list of 08 such officers who were posted as Commissioners, Srinagar, Municipal Corporation from 2017 onwards has been enclosed and three weeks has been sought to file a complaint before the competent forum/Adjudicating officer. Prayer is allowed. Let further progress report be filed by J&K PCC within four weeks” reads the order
Conclusion
The Commissioner SMC has already informed the NGT that Leachate Treatment Plant (LTP) will be made operational. This plant is defunct for many years and has impacted the water-table around Achan Saidapora which is further impacting Anchar and Dal lakes. This was taken very seriously by NGT Judges during hearing. The Commissioner SMC also assured that anti odour chemicals would be sprayed to control bad smell in the area plus he has assured that by March 2027 the entire landfill site would be cleared through a process called Biomining. SMC has already been heavily penalized by NGT for pumping liquid waste in Doodh Ganga. A penalty of Rs 41.47 Crore was imposed on them last year by NGT for setting up 13 illegal pump stations between Chanapora to Tengpora. Let us wait and watch how things unfold? First litmus test for SMC will be in the coming summer when the Achan landfill site will start emitting a pungent smell.
Dr Raja Muzaffar Bhat is Founder Chairman Jammu & Kashmir RTI Movement. He is also heads J&K Climate Action Group
