NGT orders West Bengal to pay ₹3,500 crore for damaging environment

National Green Tribunal (NGT) ordered the West Bengal government to pay ₹3500 crore to make up for the harm caused to the environment.

The compensation to the state was for supposedly not managing solid as well as fluid waste management hurting the environment.

The Tribunal stated, "Considering damages to the environment, we hold that compensation has to be paid by the State for past violations.

The NGT noticed that out of 2,758 million liters each day of sewage age in urban areas regions and the treatment limit of 1505.85 MLD (by setting up 44 STPs), simply 1268 MLD is accounted for to be dealt with, leaving a colossal hole of 1490 MLD.

Observing that health problems can't be conceded to the long future, a seat headed by NGT Chairperson Justice A K Goel said it is the protected liability of the state and the nearby bodies to give a contamination and pollution free environment.

It said being important part of the right to life, which is likewise a basic fundamental human right and outright responsibility of the state, lack of funds can't be argued to deny such right.

The Bench headed by Justice Adarsh Kumar Goel in an order passed on September 1, 2022, said that award of compensation has become necessary under section 15 of the NGT Act to remedy the continuing damage to the environment and to comply with directions of the Supreme Court requiring this Tribunal to monitor enforcement of norms for solid and liquid waste management. 

The bench also stated that, “Compliance of environmental norms on the subject of waste management has to be high on priority. Tribunal has come across cases of serious neglect and continuing damage to the environment in absence of inadequate steps for treatment of solid and liquid waste.

“We are of the view that issues have been identified and monitored by the tribunal for a long time. It is high time that the state realises its duty to law and to citizens and adopts further monitoring at its own level,” the bench said.

Moreover, without fixing quantified liability necessary for restoration, the mere passing of orders has not shown any tangible results in the last eight years (for solid waste management) and five years (for liquid waste management), even after the expiry of statutory/laid down timelines.

Continuing damage is required to be prevented in the future and past damage is to be restored, said the bench.

The Tribunal order stated that "As per the data furnished, the gap in generation and treatment in West Bengal is 1490 MLD. Thus, the liability of the State is to pay compensation of Rs. 2980 crore, rounded off to Rs. 3000 crore in view of continuing damage."

The Tribunal also stated that this works out to Rs. 366 crore but adding 134 crore for continuing addition of unprocessed waste 13469.19 TPD, the total amount is rounded off to Rs. 500 crore.

Thus, the final amount of compensation under the two heads (solid and liquid waste) is assessed at Rs. 3500 crore which may be deposited by the State in a separate ring-fenced account within two months, to be operated as per directions of the Chief Secretary and utilised for restoration measures, including preventing discharge of untreated sewage and solid waste treatment/processing facilities.

"It will be done as per the appropriate mechanism for planning and execution that may be evolved, within three months. If violations continue, liability to pay additional compensation may have to be considered. Compliance will be the responsibility of the Chief Secretary," directs the Tribunal.