NGT Imposes Rs.65 Lakh Cost On Pokaran Municipal Board For Discharging Untreated Sewage Into Jaisalmer Farmer’s Land

The National Green Tribunal (NGT) has imposed an environmental compensation of Rs. 65,75,000 on the Municipal Board, Pokaran for discharging untreated sewage, which damaged agricultural land of farmers in Rajasthan's Jaisalmer district.

The bench of Justice Sudhir Agarwal and Dr. Afroz Ahmad said, “the law is well settled that no discharge of untreated sewage is permissible in any stream unless requisite treatment is made and the water quality is improved as per the prescribed standards under the provision of Water Act, 1974 and if any person commits, breach, besides acting under Water Act, 1974, it is also liable to pay environmental compensation on the principle of Polluter Pays.”

Six applicants namely, Bhoma Ram Mali, Pukhraj Mali, Ashok Mali, Bhanwari Devi, Kamla and Rekha, filed the plea alleging that Municipal Council failed to observe its statutory duties and discharging untreated sewage on their open land damaging the same,rendering land and soil unfit for agricultural use in at Tehsil Pokaran, District Jaisalmer, State of Rajasthan.

It was submitted that Municipal Council is responsible for maintaining drainage, cleanliness, handling and management of solid waste and discharge of sewage after its treatment following the standards prescribed under the provisions of Water (Prevention and Control of Pollution) Act, 1974 and to comply the provisions of Air (Prevention and Control of Pollution) Act, 1981, Environment Protection Act, 1986 and Solid Waste Management Rules, 2016.

Considering the allegations, a three member joint Committee was constituted by the NGT and it was found that “admittedly there was discharge of untreated sewage water in the open land belong to the applicants affecting it adversely and damaging crops causing financial loss to the applicants. Besides there were many violations of environmental laws as also WaterAct, 1974.”

Tribunal, therefore, directed RSPCB to calculate environmental compensation against violators on the principle of “Polluter Pays” and further directed to calculate the damage caused to the applicants.

Thereafter, the Tribunal decided to direct the Municipal Board to pay environmental compensation of Rs. 65,75,000/- as proposed by Regional Officer, Jaisalmer and directed to deposit the same with RSPCB, within two months.

It further directed the Municipal Board to refrain from discharging any untreated sewer in river Tolaberi or on any open area of private parties.

While disposing the plea, the Tribunal said, “Applicant’s land is more than 9 hectares which is a big chunk of land and which is the basic source of livelihood for the applicants.We therefore direct that they shall be entitled to compensation of Rs. 20 lakhs which shall be paid by RSPCB from the amount of environmental compensation deposited by respondent 5, as directed above.”

Adding that the remaining amount of compensation shall be utilized by RSPCB for restoration of the environment as per restoration plan, it directed that the action plan should be prepared by a Joint Committee comprising RSPCB, Collector, Jaisalmer and DFO, Jaisalmer within two months.

Case Title: Bhoma Ram Mali &Ors. V. State of Rajasthan&Ors.

For Applicant: Satyam Jain, Advocate

For Respondents: Advocates Arvind Soni, Nishant Kesherwani, Shoeb Hasan Khan