National Green Tribunal thinks the "polluter pays" principle should be applied selectively on industrial units

By Our Representative
Does the National Green Tribunal (NGT) believe that the well-known polluters pay principle should be applied in exceptional cases only? It would seem so, if a recent judgment it delivered is any guide. Giving its order in a case filed by Gujarat’s environmental body, Paryavaran Mitra, against Hanjer Biotech Energies Pvt Ltd (HBEPL), contracted to dispose of solid waste by the Rajkot Municipal Corporation (RMC), the NGT has reluctantly said the principle be applied on HBEPL. In an order delivered on December 20, it said it believes that the “polluter pays principle” ought to be applied in “peculiar circumstances” alone.
Interestingly, the NGT’s view has come when Paryavaran Suraksha Samiti (PSS) has filed public interest litigation (PIL) in the Supreme Court (click HERE) asking the latter to ensure strict implementation of the “polluter pays principle”, even as demanding that industrial polluters should pay back all the subsidies provided by the various governments to control pollution. The apex court has issued notice to the Ministry of Environment and Forests (MoEF), Government of India, and chief secretaries of 19 states seeking their response in the matter.
India’s premier quasi-judicial body NGT’s apparent soft attitude towards a party which it declared polluter has come despite the fact that it has accused the HBEPL for failing to take “proper precaution for maintenance of landfill site” and “aggravating the problem of threat to the environment”. It had added, “Inspections carried out from time to time indicated that the contractor had not arranged for proper leachate collection and treatment facilities”.
The NGT observed that the landfill site was “partly covered with plastic sheet”, that there “the excess wastes residue” was being “stacked over and passed over”, and that construction of another landfill site had been “delayed for more than five years” leading to “improper storage and management of municipal solid waste (MSW), resulting into foul smell due to tearing of plastic cover, flowing of leachate, particularly so during rainy season, thereby causing air pollution as well as water pollution.”
It also said that “untreated MSW” was flowing “along with rainy water from the slope of small hillock towards the village side”, adding, all this happened despite the fact that the Gujarat Pollution Control Board (GPCB) “issued several notices to RMC, indicating deficiencies in the operation of the MSW management plant”. The RMC, apparently, overlooked these notices. In fact, it said, “HBEPL is only a contractor of RMC and therefore has no separate legal rights as such.”
The NGT underlined, “It was repeatedly pointed out that leachate collection and treatment was improper. It was further pointed out by GPCB that at the landfill site, leachate was flowing outside the premises during rainy season creating pools of contaminated water outside the landfill site.”
It even found that this was “a fit case”, in which those villagers, who are having agricultural lands or residences living close to the epicentre “of the present site”, including villagers of Nakravadi, Pipaliya, Nagalpar, Khijadiya, Rajgadh, Sokhda and Hadmatiya etc. should be “identified and be paid compensation.”
Based on all this, it directed the Gujarat Pollution Control Board to carry out a complete survey of all MSWs operated by Gujarat's municipal corporations of Ahmedabad, Vadodara, Surat, Bhavnagar, Jamnagar, Junagarh and Gandhinagar, apart from Rajkot, as also 50-odd municipalities. The survey reports, it added, should be handed over to the state urban development department, which must ensure that the laxity observed in Rajkot does resurface at othr places.
However, the compensation payable, it declared, has to be just about Rs 20,000 to each farmer who has suffered because of the pollution, for which the district collector, Rajkot, should carry out a survey. And for this, it should "tentatively" deposit a sum of Rs 25 lakh with the district collector. As for the environment body which filed the application, the polluter must pay Rs 1 lakh as expenses, it said, even as rejecting the applicant's contention that the landfill site be handed back to the villages it belonged to.

Comments

राजस्थान, मध्यप्रदेश, पश्चिम बंगाल, झारखंड और केरल फिसड्डी: जल जीवन मिशन के लक्ष्य को पाने समन्वित प्रयास जरूरी

- राज कुमार सिन्हा* जल संसाधन से जुड़ी स्थायी समिति ने वर्तमान लोकसभा सत्र में पेश रिपोर्ट में बताया है कि "नल से जल" मिशन में राजस्थान, मध्यप्रदेश, पश्चिम बंगाल, झारखंड और केरल फिसड्डी साबित हुए हैं। जबकि देश के 11 राज्यों में शत-प्रतिशत ग्रामीणों को नल से जल आपूर्ति शुरू कर दी गई है। रिपोर्ट में समिति ने केंद्र सरकार को सिफारिश की है कि मिशन पुरा करने में राज्य सरकारों की समस्याओं पर गौर किया जाए।

Beyond his riding skill, Karl Umrigar was admired for his radiance, sportsmanship, and affability

By Harsh Thakor* Karl Umrigar's name remains etched in the annals of Indian horse racing, a testament to a talent tragically cut short. An accident on the racetrack at the tender age of nineteen robbed India of a rider on the cusp of greatness. Had he survived, there's little doubt he would have ascended to international stature, possibly becoming the greatest Indian jockey ever. Even 46 years after his death, his name shines brightly, reminiscent of an inextinguishable star. His cousin, Pesi Shroff, himself blossomed into one of the most celebrated jockeys in Indian horse racing.

Aurangzeb’s last will recorded by his Maulvi: Allah shouldn't make anyone emperor

By Mohan Guruswamy Aurangzeb’s grave is a simple slab open to the sky lying along the roadside at Khuldabad near Aurangabad. I once stopped by to marvel at the tomb of an Emperor of India whose empire was as large as Ashoka the Great's. It was only post 1857 when Victoria's domain exceeded this. The epitaph reads: "Az tila o nuqreh gar saazand gumbad aghniyaa! Bar mazaar e ghareebaan gumbad e gardun bas ast." (The rich may well construct domes of gold and silver on their graves. For the poor folks like me, the sky is enough to shelter my grave) The modest tomb of Aurangzeb is perhaps the least recognised legacies of the Mughal Emperor who ruled the land for fifty eventful years. He was not a builder having expended his long tenure in war and conquest. Towards the end of his reign and life, he realised the futility of it all. He wrote: "Allah should not make anyone an emperor. The most unfortunate person is he who becomes one." Aurangzeb’s last will was re...

How the slogan Jai Bhim gained momentum as movement of popularity and revolution

By Dr Kapilendra Das* India is an incomprehensible plural country loaded with diversities of religions, castes, cultures, languages, dialects, tribes, societies, costumes, etc. The Indians have good manners/etiquette (decent social conduct, gesture, courtesy, politeness) that build healthy relationships and take them ahead to life. In many parts of India, in many situations, and on formal occasions, it is common for people of India to express and exchange respect, greetings, and salutation for which we people usually use words and phrases like- Namaskar, Namaste, Pranam, Ram Ram, Jai Ram ji, Jai Sriram, Good morning, shubha sakal, Radhe Radhe, Jai Bajarangabali, Jai Gopal, Jai Jai, Supravat, Good night, Shuvaratri, Jai Bhole, Salaam walekam, Walekam salaam, Radhaswami, Namo Buddhaya, Jai Bhim, Hello, and so on. A soft attitude always creates strong relationships. A relationship should not depend only on spoken words. They should rely on understanding the unspoken feeling too. So w...

PUCL files complaint with SC against Gujarat police, municipal authorities for 'unlawful' demolitions, custodial 'violence'

By A Representative The People's Union for Civil Liberties (PUCL) has lodged a formal complaint with the Chief Justice of India, urging the Supreme Court to initiate suo-moto contempt proceedings against the police and municipal authorities in Ahmedabad, Gujarat. The complaint alleges that these officials have engaged in unlawful demolitions and custodial violence, in direct violation of a Supreme Court order issued in November 2024.

Incarcerated for 2,424 days, Sudhir Dhawale combines Ambedkarism with Marxism

By Harsh Thakor One of those who faced incarceration both under Congress and BJP rule, Sudhir Dhawale was arrested on June 6, 2018, one of the first six among the 16 people held in what became known as the Elgar Parishad case. After spending 2,424 days in incarceration, he became the ninth to be released from jail—alongside Rona Wilson, who walked free with him on January 24. The Bombay High Court granted them bail, citing the prolonged imprisonment without trial as a key factor. I will always remember the moments we spent together in Mumbai between 1998 and 2006, during public meetings and protests across a wide range of issues. Sudhir was unwavering in his commitment to Maoism, upholding the torch of B.R. Ambedkar, and resisting Brahmanical fascism. He sought to bridge the philosophies of Marxism and Ambedkarism. With boundless energy, he waved the banner of liberation, becoming the backbone of the revolutionary democratic centre in Mumbai and Maharashtra. He dedicated himself ...

Censor Board's bullying delays 'Phule': A blow to India's democratic spirit

By Vidya Bhushan Rawat* A film based on the life and legacy of Jyotiba Phule and Savitribai Phule was expected to release today. Instead, its release has been pushed to the last week of April. The reason? Protests by self-proclaimed guardians of caste pride—certain Brahmin groups—and forced edits demanded by a thoroughly discredited Censor Board.

State Human Rights Commission directs authorities to uphold environmental rights in Vadodara's Vishwamitri River Project

By A Representative The Gujarat State Human Rights Commission (GSHRC) has ordered state and Vadodara municipal authorities to strictly comply with environmental and human rights safeguards during the Vishwamitri River Rejuvenation Project, stressing that the river’s degradation disproportionately affects marginalized communities and violates citizens’ rights to a healthy environment. The Commission mandated an immediate halt to ecologically destructive practices, rehabilitation of affected communities, transparent adherence to National Green Tribunal (NGT) orders, and public consultations with experts and residents. The order follows the Concerned Citizens of Vadodara coalition—environmentalists, ecologists, and urban planners—submitting a detailed letter to authorities, amplifying calls for accountability. The group warned that current plans to “re-section” and “desilt” the river contradict the NGT’s 2021 Vishwamitri River Action Plan, which prioritizes floodpla...

CPM’s evaluation of BJP reflects its political character and its reluctance to take on battle against neo-fascism

By Harsh Thakor* A controversial debate has emerged in the revolutionary camp regarding the Communist Party of India (Marxist)'s categorization of the Bharatiya Janata Party. Many Communists criticize the CPM’s reluctance to label the BJP as a fascist party and India as a fascist state. Various factors must be considered to arrive at an accurate assessment. Understanding the original meaning and historical development of fascism is essential, as well as analyzing how it manifests in the present global and national context.

Implications of deaths of Maoist leaders G. Renuka and Ankeshwarapu Sarayya in Chhattisgarh

By Harsh Thakor* In the wake of recent security operations in southern Chhattisgarh, two senior Maoist leaders, G. Renuka and Ankeshwarapu Sarayya, were killed. These operations, which took place amidst a historically significant Maoist presence, resulted in the deaths of 31 individuals on March 20th and 16 more three days prior.

Search This Blog