Maharashtra govt continuously damage to the state due to managing of solid and liquid waste.
• In this case, the bench of justice Adarsh Kumar Goel, Justice Sudhir Agarwal and expert member Senthil Velalso said that ,Under section 15 of national green tribunal (NGT) act this is necessary to compensate ₹12000 crore for improper waste management in state, according to PTI ( Press trust of India Ltd.)
SECTION 15 OF NGT ACT 2010 – RELIEF, COMPENSATION AND RESTITUTION–
(1) The Tribunal may, by an order, provide,—
(a) relief and compensation to the victims of pollution and other environmental damage arising under the enactments specified in the Schedule I (including accident occurring while handling any hazardous substance);
(b) for restitution of property damaged;
(c) for restitution of the environment for such area or areas, as the Tribunal may think fit.
(2) The relief and compensation and restitution of property and environment referred to in clauses (a), (b) and (c) of sub-section (1) shall be in addition to the relief paid or payable under the Public Liability Insurance Act, 1991.
(3) No application for grant of any compensation or relief or restitution of property or environment under this section shall be entertained by the Tribunal unless it is made within a period of five years from the date on which the cause for such compensation or relief first arose:
Provided that, the Tribunal may, if it is satisfied that the applicant was prevented by sufficient cause from filing the application within the said period, allow it to be filed within a further period not exceeding sixty days.
(4) The Tribunal may, having regard to the damage to public health, property and environment, divide the compensation or relief payable under separate heads specified in Schedule II so as to provide compensation or relief to the claimants and for restitution of the damaged property or environment, as it may think fit.
(5) Every claimant of the compensation or relief under this Act shall intimate to the Tribunal about the application filed to, or, as the case may be, compensation or relief received from, any other court or authority.
• The bench also stated that the absence of quantified liability and the mere passing of orders have not shown any tangible results in the last eight years for solid waste management and five years for liquid waste management, as per PTI reports.
• The continuous damage to the environment was required to be stopped in future. Also require to restored the past damages. The NGT determined the compensation in respect of gap in treatment of liquid waste to be about ₹10,840 crores and in respect of un-remediated legacy waste to be around ₹1200 Crores. It rounded the amount off to ₹12000 crores.
• The state government has been ordered to pay the compensatory amount. It also cautioned that the restoration plan must be executed in a time-bound manner and if violations continue, additional compensation may be considered against the state.
WRITTEN BY:
Karan Suri (Intern)
