NGT Refrains From Levying Environmental Compensation On Ladakh: Notes Chief Secretary’s Statement

The National Green Tribunal (NGT) has recently refrained from levying environmental compensation on the Union Territory of Ladakh for improper management of solid and liquid waste.

After noting the area’s “ground situation” and the statement of the UT’s chief secretary that adequate funds will be made available for handling the waste.

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

A bench of chairperson Justice AK Goel stated that it was the Union territory’s constitutional responsibility and absolute liability to provide a pollution-free environment, which was a part of the right to life, besides a basic human right, and that the UT arrange necessary funds from the contributors or others.

The bench also comprising judicial member Justice Sudhir Agarwal and expert member A Senthil Vel stated lack of funds or absence of other resources such as sites for waste management that can’t be a plea to deny such right and such resources to be found by the UT through its policies and by giving due priority to the subject.

The bench stated that “Compliance with environmental norms on the subject of waste management has to be on high priority. It is high time that the UT realizes its duty to the law and to citizens and adopts further monitoring at its own level.”

Noting the presentation filed on behalf of the administrator of Ladakh, the bench said there were gaps in the management of solid & liquid waste. While 6.18 tonnes per day (TPD) of waste generated at Leh was being totally processed, 4.56 TPD of waste at Kargil remained unprocessed, and for liquid waste, there was a gap of 15 million liters per day (MLD) between the generation of sewage and its treatment.

The bench said that “Since on pattern of compensation awarded in respect of other states where gaps have been found in waste generation and management, the estimated cost of remediation is about ₹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.”

Therefore, The green panel observed, “We refrain from directions for levy of environmental compensation against Ladakh having regard to the ground situation in the said area and also in view of 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 appropriate accounts.”

It said that the mechanism and planning for remedial measures had to be finalized within a month and six-monthly progress reports with verifiable progress had to be filed before the tribunal.