Maharashtra government fined over improper waste management, told to pay Rs 12,000 crore

The NGT said compensation under Section 15 of the NGT Act was necessary to 'remedy' the continuing damage to the environment

The National Green Tribunal (NGT) has directed the Maharashtra government to pay Rs 12,000 crore as environmental compensation for improper management of solid and liquid waste.

A bench headed by chairperson Justice Adarsh Kumar Goel held that the compensation under Section 15 of the NGT Act was necessary to "remedy" the continuing damage to the environment caused due to the shortcomings in waste management.

The bench, also comprising Justice Sudhir Agarwal and expert member Senthil Vel passed the order pursuant to the Supreme Court directions requiring the tribunal to monitor enforcement of solid and liquid waste management norms.

"In respect of gap in treatment of liquid waste/ sewage i.e. 5,420.33 MLD, compensation works out to Rs 10,840.66 crores and compensation for un-remediated legacy waste to the extent of 3,94,19,287 works out roughly to about Rs 1,200 crores. We round off the compensation amount at Rs 12,000/- crores which may be deposited by the State of Maharashtra in a separate ring-fenced account within two months, to be operated as per directions of the Chief Secretary and utilised for restoration measures" the NGT said.

The restoration measures with respect to sewage management would include setting up of sewage treatment and utilization systems, upgrading systems/operations to ensure utilization of their full capacities, ensuring compliance of standards, including those of fecal coliform and setting up of proper fecal sewage and sludge management in rural areas, the order said.

The bench said the decision became necessary to "remedy the continuing damage to the environment".

"Without fixing quantified liability necessary for restoration, 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 expiry of statutory/ laid down timelines," the bench said.

The NGT, which is to monitor enforcement of solid and liquid waste management norms related to compliance of Municipal Solid Waste Management Rules, 2016 and other environmental issues, directed the Maharashtra Government to deposit the money.

"This restoration plan needs to be planned and executed in a time bound manner without further delay. If violations continue, liability to pay additional compensation may have to be considered. Compliance will be the responsibility of the Chief Secretary, " the Tribunal said.

In terms of solid waste management, the NGT said that the action plan involves the establishment of required waste processing units as well as the rehabilitation of 84 sites that have been overlooked.

It added that the bioremediation/bio-mining process must be carried out in accordance with CPCB guidelines, and the stabilised organic waste from biomining as well as compost plants must meet laid down specifications.

The bench also stated that the restoration plan must be executed in a time bound manner, and cautioned that if violations continued, additional compensation may be considered against the state.

"Compliance will be the responsibility of the chief secretary," it said.

(With PTI inputs)