'Lack Of Good Governance': NGT Slaps ₹35 Cr Penalty On J&K Admin For Doodh Ganga Pollution

The Principal Bench of National Green Tribunal has imposed a penalty of Rs 35 Crore on the Jammu & Kashmir administration for failing to prevent the discharge of untreated sewage into the Doodh Ganga, which is a major tributary of river Jhelum, and Mamath Kull (stream) in Kashmir valley's Srinagar and Budgam districts. "It is seen that there are serious lapses on the part of the Administration in waste management and in failing to control illegal mining which has resulted in huge damage to the environment and public health. Remedial action is inadequate on the ground. The same is more in the nature of future promises without much accountability for the past failures," the bench headed by NGT's Chairperson Justice Adarsh Kumar Goel said in the order dated October 14.The bench said, "Following the recent orders on the subject, we fix compensation for discharge of untreated sewage in the drain at Rs.32 crore and for failure to process solid waste at Rs.3 crore. We had earlier levied interim compensation of Rs. 3 Crores which may be adjusted."It added that remaining of Rs. 32 Crores be deposited by the State "in a ring fenced account to be operated as per directions of the Chief Secretary for restoration of the Environment which will include preventing discharge of sewage in unscientific manner in drains or otherwise and improving the water quality of the drain. Part of the amount may be utilized for restoration of legacy waste dump site and for remediation of the leftover legacy waste." Observing that accountability must be fixed on the principle of 'polluter pays', the bench said the nagging problem of waste management stares the administration in the face and remains unresolved to the detriment of environment and public health. The lack of good governance and determination is responsible for the situation which needs to be remedied soonest, it added."First change required is to set up a centralized single window mechanism for planning, capacity building and monitoring of waste management at the State level. Of course, local authorities have to do their duty and stock taking at the district levels may continue but subject to supervision and control of such mechanisms. It should be headed by an officer of the rank of Additional Chief Secretary with representation from concerned departments – Urban Development, Rural Development, Environment and Forest, Agriculture, Water Resources, Fisheries and Industries," it said in the order.It added the panel's functions should include preparing a comprehensive blueprint, periodic review of progress in bridging the gaps in sewage and solid waste management and establishing continuous interaction with the stakeholders, including experts and institutions, concerned departments, community members and all other stakeholders.In the case filed last year, RTI activist Dr Raja Muzaffar Bhat apprised the NGT that rivers Doodh Ganga and Mamath Kull have been subjected to pollution of the pesticides emanating from apple orchards, discharge of untreated sewage and dumping of municipal solid wastes from the area falling under Srinagar Municipal Corporation and Municipal Committee of Budgam. In October 2021, the tribunal had found prima facie violation of environmental norms showing failure of statutory regulators in taking remedial action.The State was also held liable to pay interim compensation of Rs. 3 Crores to be spent for restoration. However, the authorities still failed to prevent the discharge of untreated waste into the rivers. "A part of legacy waste has been removed but there is nothing to show that the same has been scientifically processed/handled," the NGT noted in its order.The UT administration in response had told the NGT that it had prepared an action plan. However, the NGT said there appears to be need for change in approach "in realising that remedial action cannot wait for indefinite period nor loose ended-timelines without accountability""It appears to be necessary to brain storm with available experts and other stake holders in the State at different levels, evolve models for both solid and sewage management which can be fast replicated, initiate special campaigns with community/media involvement in the larger interest of protecting environment and public health with determination for prompt action," it emphasised.The NGT noted that 116.23 MLD of untreated sewage is being discharged into the Doodh Ganga and only about 90 MTs of legacy waste has been removed from the banks of Doodh Ganga using men and machinery of Municipal Committee Chadoora which also remains unprocessed. "Thus, there is violation of SWM Rules, 2016 which lay down timelines for taking steps which have already expired without such steps having been taken. Further, there is violation of judgment of Hon'ble Supreme Court in Paryavaran Suraksha Samiti Vs. Union of India, supra, requiring steps for setting up of necessary STPs within the timeline mentioned therein which have expired," it said.Huge ...

'Lack Of Good Governance': NGT Slaps ₹35 Cr Penalty On J&K Admin For Doodh Ganga Pollution

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