NGT imposes ₹120 crore fine on UP government for discharge of sewage in rivers, improper solid waste management

The National Green Tribunal (NGT) on Tuesday directed the State of Uttar Pradesh to pay ₹120 crores as environmental compensation for improper solid waste management and discharge of sewage into rivers in Gorakhpur District [Meera Shukla v Municipal Corporation, Gorakhpur]..A bench of Justices Adarsh Kumar Goel and Sudhir Agarwal, and Expert members Prof A Senthil Veil and Dr Afroz Ahmad took note of the past and continuous violations of discharge of untreated sewage into drains, rivers and other water bodies in Gorakhpur."From the data presented by the State itself, apart from past violations, continuing violations of discharge of untreated sewage into the drains, rivers and other water bodies is more than 50 MLD. As against reported generation of sewage in Gorakhpur to the extent of about 100 MLD, treatment is not more than 45 MLD," it recorded..The tribunal was hearing a petition seeking remedial action for contamination of water bodies and groundwater caused by untreated sewage and industrial effluent discharge, particularly in Ramgarh Lake and the Ami, Rapti, and Rohani rivers in and around Gorakhpur district..The applicant stated that contaminated water causes Entero Virus (EV), a brain fever similar to Japanese Encephalitis (JE) and Acute Encephalitis Syndrome (AES) and told the court that Gorakhpur has a history of deaths of hundreds of children due to it.It was also submitted that such diseases at times may prove fatal, but even if the patient survives, they suffer serious mental disabilities.She added that it was regrettable that water pollution law enforcement has been and continues to be highly inadequate, to the detriment of public health..The NGT determined that the State had to be held accountable for violation to the extent of discharge of 55 million litres per day (MLD) of sewage."We have thus to hold the State accountable for such violation at least to the extent of discharge of 55 MLD in violation of law. Compensation on ‘Polluter Pays’ principle has to be determined for being utilised for restoration," it stated..The tribunal therefore fixed financial liability under the 'polluter pays' principle at the same rate as it did in the case of State of Maharashtra at ₹2 crore per MLD.Further, for failure to process solid waste, applying the scale of compensation followed in the case of Maharashtra, it determined the compensation to be ₹10 crores. As a result, it ordered the Uttar Pradesh government to deposit 120 crores in a ring-fenced account under the control of the Divisional Commissioner, Gorakhpur, in order to comply with the joint Committee's directions, which may plan and execute remedial measures to achieve norms preferably within six months, failing which additional compensation may be levied..The NGT has come down heavily on State governments in the last week, imposing stiff fines for improper management of solid and liquid waste.Last week, the State of Maharashtra was ordered to pay ₹12,000 crores as environmental compensation and on Thursday the Rajasthan State government was slapped with a penalty of ₹3,000 crores..[Read Order]