Supreme Court sets aside NGT order against Mayor and Commissioner of Bareilly Municipal Corporation

The Supreme Court recently set aside a National Green Tribunal (NGT) order that had sentenced the Mayor and Commissioner (appellants) of the Bareilly Municipal Corporation to civil imprisonment for environmental degradation and harm to public health [Dr. I.S. Tomar v. Invertis University & Others, etc.]..A Bench of Justice Abhay S Oka and Justice Augustine George Masih observed since Section 26(1) of the National Green Tribunal Act is a penal provision, it must be strictly construed. To prove the appellant’s failure to comply with the NGT’s direction to stop dumping municipal solid waste, it must be established that the appellants were responsible for the dumping at the site after the issuance of prohibitory orders, the top court said.It added that a person can be held to have failed to comply with an NGT direction only if they had the power to prevent the prohibited act and since it was not shown that the appellant had the authority to stop the dumping, it cannot be concluded that they failed to comply with the orders."Sub-section (1) of Section 26 is a penal provision. Therefore, it must be strictly construed. The direction of the NGT was to stop the dumping of municipal solid waste. To prove the failure on the part of the appellant to comply with the direction, it must be established that it was the appellant who was responsible for dumping solid wastes at the site after prohibitory orders were passed by the NGT. A person can be said to have failed to comply with the direction issued by the NGT, provided it is shown that the person against whom a direction is issued has the power to prevent the act which was prohibited by the NGT. As it is not shown that the appellant had executive powers to direct the Municipal Corporation to stop dumping on the site, it is impossible to record a finding that there was a failure on the part of the appellant to comply with both orders," the Court said..The dispute arose from NGT's 2013 directions to halt the dumping of municipal solid waste (MSW) at a site in Bareilly's Razau Paraspur village. Multiple original applications, including one filed by Invertis University and local residents, challenged the operation of a solid waste management plant established by the Municipal Corporation, Bareilly.In July 2013, the NGT directed closure of the plant and removal of existing waste within four weeks. An appeal against this order was filed before Supreme Court which granted a stay on NGT order in September 2013..Subsequently, the NGT took cognizance of reports and media interviews suggesting ongoing dumping at the prohibited site and disparaging comments made by Dr. IS Tomar (Mayor) against the tribunal.Citing violation of its earlier orders, the NGT sentenced Dr. Tomar and the then Commissioner of Bareilly Municipal Corporation, Umesh Pratap Singh, to civil imprisonment till rising of the court and imposed a fine of ₹5 lakh each. Additionally, it fined the Corporation ₹1 lakh per day for the environmental damage caused between May 28 and July 27, 2013..Regarding his controversial press remarks alleging that the NGT’s ruling was “one-sided”, the Court acknowledged the impropriety in the remarks but noted that Dr. Tomar had tendered an unconditional apology, which was accepted by the NGT itself.The counsel for Dr. Tomar argued that he was not a party to the NGT proceedings in which the orders were passed and there was no evidence he exercised executive authority to implement or violate the NGT’s directions.He added that his role as Mayor was largely ceremonial and did not include operational command over the Corporation’s enforcement activities..After hearing rival contentions, Court granted relief to Dr. Tomar and partially allowed the appeal of the Municipal Commissioner. Though the daily fine imposed on the Corporation remained intact, the Bench set aside the personal penalty and imprisonment against Commissioner Umesh Pratap Singh, citing absence of findings of willful default.However, the Court upheld the ₹1 lakh per day penalty on the Municipal Corporation after noting that the Corporation had admitted to failing to remove all waste despite express NGT directions..Senior Advocate Mahavir Singh and advocates Kaushik Kumar Dey, Shilpi Dey Auditya, Amit Singh, Ansar Ahmad Chaudhary, and Snehasish Mukherjee appeared for the appellants.Senior Advocate Harshvir Pratap Sharma and advocates Akul Krishnan, Akshu Jain, Stuti Jain, Pankaj Kumar, Garima Prashad, Manisha, Rupali, Anuradha Mishra, along with Senior Additional Advocate General Sudeep Kumar represented the respondents..[Read Judgment]