Context:
The National Green Tribunal (NGT) has recently levied a hefty fine of Rs 1,000 crore on the Punjab government due to its consistent failure to effectively manage the state’s solid and liquid waste. This punitive measure comes after multiple warnings were disregarded by the state authorities. The imposed fine must be paid to the Central Pollution Control Board (CPCB) within the upcoming month, highlighting the urgency of addressing environmental management failures.
Relevance:
GS III: Environment and Ecology
Dimensions of the Article:
- Reasons for NGT’s Penalty on Punjab Government
- National Green Tribunal (NGT)
Reasons for NGT’s Penalty on Punjab Government
- Inadequate Waste Management: The National Green Tribunal (NGT) imposed a penalty on the Punjab Government for its failure to effectively manage solid and liquid waste across the state.
- Calculation of Penalty: The fine was based on environmental assessments conducted over six months, addressing 5.387 million tonnes of unprocessed legacy waste and deficiencies in sewage treatment capacity.
- Regulatory Framework: The NGT cited non-compliance with the Solid Waste Management Rules, 2016, and Section 15 of the Environment (Protection) Act, 1986, which govern waste management practices.
- Non-compliance with Previous Orders: The tribunal highlighted the state’s failure to adhere to its 2022 directives, which included establishing a ring-fenced account containing Rs 2,080 crore as per Section 26 of the NGT Act, 2010.
- Legal Follow-up: The NGT has issued show cause notices to senior administrative officials in Punjab, including the Chief Secretary and Additional Chief Secretary (Urban Development), demanding explanations for the non-compliance.
National Green Tribunal (NGT)
- The NGT was established on October 18, 2010 under the National Green Tribunal Act 2010, passed by the Central Government.
- National Green Tribunal Act, 2010 is an Act of the Parliament of India which enables creation of a special tribunal to handle the expeditious disposal of the cases pertaining to environmental issues.
- NGT Act draws inspiration from the India’s constitutional provision of (Constitution of India/Part III) Article 21 Protection of life and personal liberty, which assures the citizens of India the right to a healthy environment.
- The stated objective of the Central Government was to provide a specialized forum for effective and speedy disposal of cases pertaining to environment protection, conservation of forests and for seeking compensation for damages caused to people or property due to violation of environmental laws or conditions specified while granting permissions.
Structure of National Green Tribunal
- Following the enactment of the said law, the Principal Bench of the NGT has been established in the National Capital – New Delhi, with regional benches in Pune (Western Zone Bench), Bhopal (Central Zone Bench), Chennai (Southern Bench) and Kolkata (Eastern Bench). Each Bench has a specified geographical jurisdiction covering several States in a region.
- The Chairperson of the NGT is a retired Judge of the Supreme Court, Head Quartered in Delhi.
- Other Judicial members are retired Judges of High Courts. Each bench of the NGT will comprise of at least one Judicial Member and one Expert Member.
- Expert members should have a professional qualification and a minimum of 15 years’ experience in the field of environment/forest conservation and related subjects.
Powers of NGT
The NGT has the power to hear all civil cases relating to environmental issues and questions that are linked to the implementation of laws listed in Schedule I of the NGT Act. These include the following:
- The Water (Prevention and Control of Pollution) Act, 1974;
- The Water (Prevention and Control of Pollution) Cess Act, 1977;
- The Forest (Conservation) Act, 1980;
- The Air (Prevention and Control of Pollution) Act, 1981;
- The Environment (Protection) Act, 1986;
- The Public Liability Insurance Act, 1991;
- The Biological Diversity Act, 2002.
- This means that any violations pertaining ONLY to these laws, or any order / decision taken by the Government under these laws can be challenged before the NGT.
- Importantly, the NGT has NOT been vested with powers to hear any matter relating to the Wildlife (Protection) Act, 1972, the Indian Forest Act, 1927 and various laws enacted by States relating to forests, tree preservation etc.
-Source: Indian Express
