Depression, anxiety due to toxic air: NGT imposes ₹25,000 penalty on MoEF for vague, irrelevant reply

The National Green Tribunal (NGT) recently imposed a penalty of ₹25,000 on the Ministry of Environment, Forest and Climate Change (MoEF&CC) for filing a vague and irrelevant reply in a matter concerning the adverse health effects of toxic air..A coram of judicial member Justice Sudhir Agarwal and expert member Dr A Senthil Vel observed,"Learned Counsel appearing for MoEF&CC when asked as to what effective steps have been taken by MoEF&CC, he admitted that reply given by MoEF&CC is not clear on this aspect and despite repeated query, he could not give even a single step taken for effective control of air pollution by MoEF&CC.".The order was passed in suo motu proceeding initiated based on news articles that highlighted the potential ill-effects of toxic air on mental as well as physical health. .The response from the Central Pollution Control Board (CPCB) acknowledged the presence of various metals and other pollutants in the air.However, the reply failed to demonstrate effective measures to control and prevent air pollution stemming from these parameters and their respective prevalence levels..The NGT noted that as per the reply, CPCB was funding National Capital Region Urban Local Bodies for construction and repair of roads as well as mechanical road sweepers under Environment Protection Charge (EPC) funds. It also found that the amount of environmental compensation (EC) deposited with CPCB was being diverted for unauthorized purposes.In light of the same, the Tribunal sought details of the EC funds and how they have been spent till November 30, 2023.The Tribunal intended to direct recovery of funds from the officers resposible for unauthorized diversion, before counsel for CPCB asked the Tribunal for time to seek instructions in the matter before an order was passed. Accordingly, the NGT granted CPCB a month's time..The reply by MoEF&CC also acknowledged the presence of pollutants in the air and said that some directions had been issued by various authorities from time to time. The NGT, however, found that no effective action had been taken in the matter. When counsel for MoEF&CC also failed to demonstrate effective action taken, the NGT imposed costs of ₹25,000 on the Ministry and directed it to file a supplementary reply giving details of all steps taken for effective monitoring and control of air pollution within one month..The matter will be heard next on February 14, 2023..Advocate Avinash Sharma appeared for MoEF&CC. Advocate Amit Singh Chauhan appeared for CPCB.Advocate Arun Sanwal represented the Indian Council of Medical Research..[Read Order]