If state fails in implementing legislation, it is breakdown of system: NGT on pollution in Ghaggar river

The National Green Tribunal (NGT) has come down closely on Punjab, Himachal Pradesh and Haryana for failing to cease the discharge of untreated effluents in the Ghaggar river and mentioned that “if the State itself fails in implementing the law, it is nothing but breakdown of the system itself”.

A Bench headed by NGT Chairperson Justice Adarsh Kumar Goel mentioned the three States and Chandigarh proceed to contribute water pollution which is a legal offence.

“It is breach of public trust under public trust doctrine. We are left with a feeling that there is no commitment to the rule of law and no concern for the environment and health of the citizens on the part of the concerned authorities in the States of H.P., Haryana, Punjab and UT Chandigarh,” mentioned the Bench, additionally comprising Justice Sudhir Agarwal.

The tribunal directed the Chief Secretary, Punjab and the Advisor to the Administrator, Union Territory of Chandigarh in coordination with different involved officers to take applicable remedial measures to adjust to the mandate of legislation, together with the instructions of the Supreme Court.

It additionally directed a joint committee of Central Pollution Control Board (CPCB), Punjab PCB and pollution management committee of Chandigarh to examine the drain and furnish a standing report inside two months by e-mail.

The tribunal mentioned that in spite of enactment of Water (Prevention and Control of Pollution) Act, 1974 making discharge of untreated effluents right into a water physique a legal offence, the States are nonetheless struggling to forestall untreated sewage from being discharged into the water physique at an enormous price to the atmosphere and well being and lives of residents who’ve elementary proper to wash atmosphere beneath the Constitution. “Water pollution is a serious threat to the health of the citizens as well as other living beings who consume the water and also to the food safety for growth of which the water is used for irrigation…there can be no justification whatsoever for the State to have failed in complying with the law.

“If the State finds that they are unable to manage the sewage directly, there is no bar to other options being explored but there cannot be any justification not to comply with the mandate of law and protecting the health of the citizens in accordance with the Constitutional mandate,” the Bench mentioned.

The inexperienced panel mentioned that no motion is being taken towards the erring officers and it provides an impression that there is collapse of Environmental rule of legislation.

“Who is to pay the cost of damage to the environment and public health of large number of unidentified citizens and other living creatures? Is such cost being calculated. How officers responsible for damage by their inaction or otherwise are being dealt with. Should the State be held liable vicariously for such failure and failure to punish the guilty,” the Bench mentioned.

The Bench that the NGT has been passing repeated orders and as many as six stories have been submitted by a Monitoring Committee headed by a former High Court Judge and a former Chief Secretary, clearly recording failure of the State authorities however the greater authorities are additionally conveniently ignoring their accountability.

“Advocates for the authorities only maintain silence before this Tribunal. If the State itself fails in implementing the law, it is nothing but breakdown of the system itself.

“Is this Tribunal to just remain silent spectator for such gross failure or hold highest authorities accountable by directing their prosecution for their criminal failure and indirectly being party to the crime against the law of the land? How the law of the land is to be meaningfully enforced. We expect answers to these questions from the States,” the Bench mentioned.

NGT mentioned the States ought to realise their accountability to perform in keeping with the Constitution and take speedy remedial measures in punishing the responsible concerned in failing to adjust to the legislation and in addition take immediate measures as an alternative of repeatedly taking the identical plea of being engaged in tender course of.

“It should not be difficult at this length of time to overcome such procedural requirements and to effectively prevent discharge of the untreated effluents after 46 years of enactment of Water Act and repeated orders of the Supreme Court and other Courts.

“For delay and continued violation, realistic compensation has to be recovered from the erring officers, apart from other action or in default, the compensation has to be quantified and recovered. The Executing Committee may make its recommendation in this regard,” the Bench mentioned.

The tribunal was listening to a plea towards failure of statutory authorities in Punjab and Chandigarh to put in vital Sewage Treatment Plant, ensuing in discharge of pollution in the drain originating from Chandigarh and passing by way of numerous sectors and villages of Mohali, earlier than merging into Ghaggar River.

“The pollution is affecting the eco-system, including the aquatic life and also public health. Discharge of untreated sewage into the drain is violation of Water [Prevention and Control of Pollution] Act, 1974 and also citizens right to clean environment.

“Further, since the waste water of the drain is used for cultivation of crops and washing of the vegetables which are consumed by the residents, it is affecting the food chain and public health,” the plea mentioned.