State of W.B. to pay Rs 5 crores penalty for non-compliance of directions given by NGT

National Green Tribunal (NGT): The Bench comprising of S.P. Wangdi (JM), K. Ramakrishnan (JM) and Dr Nagin Nanda (EM) imposed Rs 5 Crores as interim environmental compensation on State of West Bengal following the ‘Polluter Pays Principle’ due to the adverse air quality.

The present order was followed to be read out due to the alarming adverse air quality of the Kolkata city. Principal reason for bad ambient and air quality was identified to be auto emission apart from road dust, construction activities, burning of municipal waste and industrial wastes including plastics, population of DG sets and industrial emissions. For the stated issue, State had failed to take any effective measures.

NGT was compelled to pass the present order, as specific directions had been issued for phasing out vehicles which were more than 15 years old, further it was also observed by the Tribunal that the judgment passed by the Tribunal for the issue of air pollution was far from being complied. NGT had also directed the State respondents to introduce some mechanism in order to check the emissions of moving overloaded vehicles. All commercial transport vehicles were asked to be converted to CNG.

In spite of more than 7 months having being elapsed, no tangible action was taken by the State and placed before the Tribunal and State Pollution Control Board had remained blissfully silent. Reliance was placed on M.C. Mehta v. Union of India, (2004) 12 SCC 118, in which it was stated that “If the regulatory authorities either connive or act negligently by not taking prompt action to prevent, avoid or control damage to environment, natural resources, people’s health and property, the principle of accountability for restoration and compensation have to be applied.”

Thus, State of West Bengal was directed to pay compensation of Rs 5 Crores and on delay, Rs 1 Crore per month by following the ‘Polluter Pays Principle’ in terms of Section 20 of the National Green Tribunal Act, 2010. The matter is further listed for 08-01-2019. [Subhas Datta v. State of West Bengal,2018 SCC OnLine NGT 345, Order dated 27-11-2018]

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