NGT refrains from imposing environmental compensation on Ladakh for waste mismanagement

New Delhi, April 8 After taking note of Ladakh's "ground situation" and assurance from the Union Territory's chief secretary regarding adequate funding for waste management, the National Green Tribunal (NGT) has decided not to impose environmental compensation for the UT's mismanagement of solid and liquid waste.

The NGT is monitoring the compliance of states and UTs with the Municipal Solid Waste Management Rules, 2016, and other environmental issues.

The chairperson of an NGT bench, Justice A.K. Goel, along with judicial member Justice Sudhir Agarwal and expert member A. Senthil Vel stressed that providing a pollution-free environment is the UT's constitutional responsibility and an absolute liability.

The bench also emphasised that the UT must arrange necessary funds for waste management and prioritise the issue through its policies while noting that lack of funds or resources cannot be an excuse to deny the citizens the right to a pollution-free environment.

"Clean environment is the fundamental right of the citizens under Article 21 of the Constitution and it is for the local bodies as well as the state to ensure that public health is preserved by taking all possible steps. For doing so, financial inability cannot be pleaded. We note that even after 26 years of monitoring, 18 years by the Supreme Court and eight years by this tribunal, the ground situation remains unsatisfactory," read the order passed on April 6.

The bench observed discrepancies in the management of solid and liquid waste after reviewing the presentation filed on behalf of the Ladakh Administrator.

The report indicated that while 6.18 tonnes per day (TPD) of waste generated in Leh were being entirely processed, 4.56 TPD of waste in Kargil are not being processed. Additionally, there is a considerable gap of 15 million litres per day (MLD) between the amount of sewage generated and the quantity treated for liquid waste.

"We refrain from the directions for levy of environmental compensation against Ladakh having regard to the ground situation in the said area and also in view of the statement voluntarily made by the chief secretary that adequate funds will be made available and the entire estimated cost of handling solid and liquid waste will be provided by way of deposit in an appropriate account. Mechanism and planning for remedial measures will be finalised within one month," the bench said.

"The estimated cost of remediation is about Rs 30 crore, the advisor to the administrator fairly stated that such amount will be allocated for the purpose and transferred to a separate account preferably within one month," the bench noted.