In Paldan Phunchog v. State of Himachal Pradesh & Ors, the NGT considered the issue of disposal of municipal waste in Manali, Himachal Pradesh. The NGT held that on a cumulative reading of Article 243W(a)(ii) r/w Twelfth Schedule, item 6 of the Constitution of India and Rule 15 of the Solid Waste Management Rules, 2016 (SWM Rules), it is clear that the local municipal authority shall be responsible for management of solid waste, including development of infrastructure, processing, transportation, segregation and disposal of such waste. The Tribunal further held that criminal prosecution should be initiated against erring government officials, including the district magistrate and Secretary, Urban Development by the Central government or by the HPPCB under Sections 15, 16, 17 & 19 of the Environment Protection Act, 1986. The Tribunal relied upon the decision of the Supreme Court of India in VC Chinnappa Goudar v. Karnataka State Pollution Control Board & Anr and Noorulla Khan Vs. Karnataka State Pollution Control Board & Anr to hold that prior sanction under Section 197 CrPC is not attracted for offences when prosecution is initiated under Water Act, 1974 against public servants.
Importantly, the Tribunal dealt with the question of computation and assessment of environmental compensation pursuant to Section 15 of the NGT Act, 2010 and laid down several parameters to be considered. It categorised environmental violations broadly under three heads: (i) where project is carried out without obtaining requisite statutory permissions/NOC; (ii) where proponents have violated conditions imposed under statutory permissions; and (iii) where proponents have carried out their activities causing damage to environment and ecology by not following standards/norms regarding cleanliness/pollution of air, water etc.
Lastly, the NGT held that compensation must have a deterrent effect and should be punitive in nature. It cautioned against arbitrary computation of damage and imposed a penalty of ₹4.6 crore or one paisa per kg per day of illegally dumped solid waste which has not been properly handled, managed and disposed by Municipal Council, Manali.
Source: Barandbench
