The National Green Tribunal, noting the “flagrant violation” of regulations by two Uttar Pradesh civic bodies in allowing the discharge of pollutants into the Yamuna, has imposed a fine of over Rs 65 crore on the municipal corporations of Agra and Mathura-Vrindavan.
The Bench
The tribunal was addressing two petitions concerning the pollution of the Yamuna in Agra and Mathura-Vrindavan due to untreated sewage discharge. Chairperson Justice Prakash Shrivastava emphasized, “We have no hesitation in holding that protection of the water ecology of river Yamuna and its cleanliness was the statutory and constitutional obligation of the state, but it has miserably failed to perform it.”
“The statutory bodies like local bodies in Agra and Mathura-Vrindavan have failed in the prevention of the discharge of polluted material into the river Yamuna and allowed its pollution by discharging a huge quantity of polluted sewer therein,” stated the bench, also comprising Judicial Member Justice Sudhir Agarwal and Expert Member A Senthil Vel.
Violations
In a 200-page judgment, the bench highlighted that the nagar nigams (municipal corporations) of both places and the agencies operating their sewage treatment plants (STPs) violated provisions of the Water (Prevention and Control of Pollution) Act by not preventing the discharge. The Agra civic body was also found to violate the act by operating two STPs without requisite consent, the tribunal noted.
“There is a flagrant violation of the provisions of the Water Act on the part of the authorities concerned, and they are liable for consequential, preventive, punitive, and remedial action,” the bench asserted.
“River Yamuna has become polluted not by an act of God but it is man-made. More so, due to negligence, lack of sincerity, concern, and reverence to the river on the part of the authorities who are continuously discharging polluted material through sewage directly,” the tribunal emphasized.
According to the “polluter pays principle,” the Agra nagar nigam is liable to pay environmental compensation of Rs 58,39,20,000 (Rs 58.39 crore) while the Mathura-Vrindavan nagar nigam is liable to pay Rs.7,20,10,000 (Rs 7.20 crore).
The total amount of Rs 65,59,30,000 (Rs 65.59 crore) must be deposited by the municipal corporations to the Uttar Pradesh Pollution Control Board (UPPCB) within three months, the tribunal directed.
“The amount of environmental compensation shall be used for remediation, rejuvenation, and restoration of the environment in the Agra, Mathura, and Vrindavan regions based on a rejuvenation plan which shall be prepared jointly by a joint committee comprising the CPCB (Central Pollution Control Board), UPPCB, and the concerned district magistrates,” the tribunal concluded.
