NGT imposes fine of ₹1.30 lakh on govt authorities for not responding on time

PUNE: In two separate hearings, the western bench of the National Green Tribunal (NGT) imposed a fine of ₹1.30 lakh on four government authorities namely the Central Pollution Control Board (CPCB), Maharashtra Pollution Control Board (MPCB), district collector of Solapur, and Pune Cantonment Board (PCB) for not submitting their responses on time. The NGT criticised the PCB for not only failing to respond on time but also failing to appear before the tribunal.

Taking suo moto cognisance, the tribunal registered two cases on two different dates. The first case was registered in May 2024 based on a media report published in March 2024 which highlighted the action taken by the Maharashtra police against illegal sand trafficking in seizing items worth ₹1.14 crore. After registering the case, the tribunal directed the CPCB, MPCB and district collector of Solapur to submit their responses on the same.

Despite the notices issued by the tribunal, all three authorities failed to submit their responses on time. The district collector of Solapur said that the collectorate was unable to file its response due to the recent assembly elections, and needed to be given more time to submit its response.

The tribunal in its order said that strictly speaking, no sufficient ground for adjournment is made out as the replies ought to have been filed within the period granted. But in the interest of justice, adjournment is granted subject to payment of costs of ₹10,000 each for the inconvenience and delay thereby caused by the respondents (MPCB, CPCB and district collector of Solapur). The next hearing in this case will be held on February 6, 2025.

The second case was registered by the NGT in April 2014 based on a news report which highlighted the issue of open garbage burning in Hadapsar and the demand by area residents for strong action as nearly 200 citizens in the area suffered due to open garbage burning. The notices were issued to the related authorities. In the last hearing held on September 30, an order was issued directing the PCB to submit its response on the same. However, in the recent hearing held on December 10, the chief executive officer (CEO) of the PCB did not respond to the notice issued by the tribunal and also did not appear before the tribunal for the hearing.

Taking serious note of this, the tribunal in its latest order issued on December 10 said that the proceedings before this tribunal cannot be treated as part of adversarial litigation where the concerned defendants opt to remain absent and suffer ex-parte proceedings or appear through unauthorised person/s without filing any response. Environmental pollution is a serious problem which requires immediate action and not requests for adjournment, that too for filing of response. The state and its instrumentalities are under constitutional and statutory obligations to ensure compliance with environmental norms and therefore, the state and its instrumentalities have to ensure submission of replies/responses with relevant details and also representation through duly authorised representatives/counsel before the tribunal.

The tribunal also criticised the no-show of the CEO of the PCB but in the interest of justice, the PCB has been allowed to file its response before the tribunal subject to the payment of costs of ₹10,000 for the inconvenience and delay thereby caused. The next hearing of this case is scheduled on January 27 and the tribunal expects the CEO of the PCB to be present at the hearing.