NGT and Citizens Trying to Enforce Environmental Order in Small Cities

On July 11, 2023, the Bhopal Municipal Corporation was asked to pay a compensation of Rs. 1 crore for illegal construction on Bhopal Lake by the National Green Tribunal (NGT), a special judicial body dealing with cases related to the environment. BMC’s construction has been deemed illegal under the ‘polluter pays principle’ for the construction of floating restaurants that fall under the zone of influence, which is punishable under the Wetlands (Conservation and Management) Rules, 2017.

NGT handles cases related to protecting the environment and conserving forests and natural resources. As per its website, its main goal is to resolve these cases quickly and effectively. The NGT has the authority to hear civil cases that involve critical environmental issues or when someone's legal rights related to the environment are affected. These cases typically arise from the enforcement of specific environmental laws mentioned in Schedule I of the National Green Tribunal Act, 2010. The NGT is the highest authority for resolving environmental disputes and has the power to shape and advance laws that can promote environmentally friendly development. It has been proactively responding to various violations from industries, individuals, and governmental/municipal organizations.

Earlier this year, the NGT directed the Delhi Government to pay a compensation of Rs. 2,232 crore for improper disposal of solid and liquid waste under the same principle. Similarly, Kochi Municipal Corporation (KMC) was asked to pay a compensation of Rs. 100 crore for mishandling municipal solid waste. The tribunal highlighted that the state of Kerala and the authorities concerned have been an 'utter failure' and have 'rampantly violated the statutory solid waste management rules and orders.'

The NGT has played a significant role in checking the compliance of developmental activities with various environmental laws in various other cities. It is important to note that citizens have been the enablers (in the form of informed groups, NGOs, and individual petitioners) in facilitating such environmental interventions through the NGT. For example, Bhoma Ram Mali and five other farmers filed a complaint on July 11, 2023, against the municipal board in Pokhran for disposing untreated sewage into the river Tolaberri and the agricultural land for which he was compensated.

NGT has taken a leap from establishing environmental order in metropolitan cities to smaller towns with the help of informed citizens. Is your city facing any such environmental degradation issues? How informed are you about them?