The National Green Tribunal (NGT) has directed the Kochi Municipal Corporation to pay environmental compensation of Rs 100 crores for environmental damage due to its failure in solid waste handling. NGT has also observed the State of Kerala and the authorities concerned are ‘utter failure’ and have ‘rampantly violated the statutory solid waste management rules and order’. NGT states that the authorities’ attitude in not laying down any accountability for violating the environmental rules was “a threat to the rule of law”.
NGT stated this while hearing about the grave fire in the Corporation’s wasteland at Brahmapuram near Kochi. The tribunal initiated a suo motu case given the environmental emergency caused by the above fire.
NGT said they are conscious that the Kerala High Court was dealing with an identical issue, but they clarified that this order is without prejudice and subject to the said proceedings. They were also informed that an identical issue was pending before the South Bench of the Tribunal. Accordingly, it may consider this order before proceeding further with any pending matter. A bench of Chairperson Justice A K Goel states it. The bench also comprises judicial member Justice Sudhir Agarwal and expert member A Senthil Vel.
Tribunal hopes that the matter is remedied at the higher level in the state, such as the Director General of Police and the Chief Secretary. It is to uphold the Constitution and the mandate of environmental law.
The tribunal has considered the monetary liability for the environmental damage for failing to comply with solid waste management norms and the “long continuing neglect of its duties by the Kochi Municipal Corporation. Accordingly, NGT directed the Corporation to pay an environmental compensation (EC) of Rs 100 crore.
The compensation amount should be deposited with the Chief Secretary of Kerala to fix the accountability of the concerned officers for gross failures and initiate action under criminal law as well as by way of departmental proceedings, following due process, and place the same in the public domain within two months.
The above news comes as music to the ears of the people of Kerala. Because they have been feeling some alienation and orphanhood, they are always let down by the governments and the Municipal Corporations pertaining to the burning issues they face 24 x 7. If the people concerned learn a lesson or two from this NGT order, it will be bliss for the people.
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