NGT Imposes Rs. 10 Crore Compensation On Kerala For Failing To Protect Ramsar Sites

The principal bench of the National Green Tribunal (NGT) has imposed a compensation of 10 crore on Kerala for its failure to protect Ashtamudi Wetland and Vembanad-Kol Wetland, which are Ramsar sites in Kollam district of Kerala.The bench of Justice Adarsh Kumar Goel (Chairperson), Justice Sudhir Agarwal (Judicial Member), and Dr Senthil Vel (Expert Member), said, “The State cannot plead helplessness in implementing guaranteed rights of the citizens and also in taking stringent measures for protection of environment and public health”.Background of the caseThe application was filed regarding the failure of statutory and administrative authorities in the State of Kerala to take remedial action for protecting Ashtamudi Wetland and Vembanad-Kol Wetland, which are Ramsar sites in Kollam district of Kerala.The application states that wetlands have become polluted drains of the city due to dumping of pharmaceutical waste, plastic waste, domestic waste, slaughter-house waste, and numerous other sources. These wetlands provide habitats for a considerable number of flora and fauna, as well as migratory birds. Despite this, the authorities have been neglecting the situation for decades.In February 2022, considering the seriousness of the situation and violation of Wetland Rules, 2017 and directions of the Supreme Court in the Paryavaran Suraksha case and M.K. Balakrishnan & Ors. v. Union of India & Ors, the Tribunal directed the Chief Secretary, Kerala to hold a meeting with the concerned Departments and file an action taken report.In August 2022, the matter was considered in the light of a report filed by the State PCB, which acknowledged pollution of Ashtamudi Wetland by discharge of untreated sewage and other waste. Such pollution was confirmed by analysis reports of collected samples.According to the aforementioned report, the pollution in Ashtamudi Wetland was also contributed by boat breaking and burning of waste. In respect of Vembanad-Kol Wetland, pollution was also acknowledged, with sources including discharges from houseboats, for which remedial action had to be taken by the DTPC. Other sources of pollution included waste from houses, shops, commercial establishments, and industries.In light of the report, the NGT ordered the setting up of a Monitoring Committee to prepare a Monitoring Plan, which may include coordination with concerned Departments, raising necessary funds by recovering Environmental Compensation from violators, and preventing violations.In January 2023, the Tribunal found that virtually no steps had been taken and no monitoring had been done. Accordingly, the Tribunal directed the filing of an action taken report.Following the order of the Tribunal, an action taken report has been filed on 21.03.2023 by the ACS, Environment, Kerala.Decision of TribunalAfter hearing the parties and considering the report the NGT found that, “It is self-evident that pollution of lakes is still continuing. Water quality data of Ashtamudi lake during February, 2023 indicates that BoD level at Thoppilkadavu and KSRTC are in the range of 13.0 mg/l. Since these two locations appears to be critical, reasons for the same may be identified and remedial measures taken”.NGT remarked that the report depicts disappointing state of affairs in doing mandatory duty of protecting wetlands which are Ramsar sites in spite of binding orders of the Supreme Court in Paryavaran Suraksha case and M.K. Balakrishnan & Ors. v. Union of India & Ors.Further the Tribunal said, “Action taken at the State level is also inadequate to remedy the situation. State cannot plead helplessness in implementing guaranteed rights of the citizens and also in taking stringent measures for protection of environment and public health.”In light of the above, NGT passed an order stating,“for gross failure of the State in overseeing remedial measures by its Departments/Authorities, we require the State to pay compensation of Rs. 10 Crores on Polluter Pays principle to be deposited in ring-fenced account to be operated under the Authority of Chief Secretary, Kerala.”An amount of Rs. 10 Crores was ordered to be used for conservation measures, through the preparation of an action plan with the aim of executing it within six months.Case Title- Krishna Das K V v. State of KeralaClick Here To Read/Download Order

NGT Imposes Rs. 10 Crore Compensation On Kerala For Failing To Protect Ramsar Sites

Aiman J. Chishti

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