The Principal Bench of the National Green Tribunal (NGT), New Delhi, has told the Kerala government that it may consider imprisonment of bureaucrats who fail to comply with its orders seeking action against those responsible for the unscientific handling of waste at the Brahmapuram solid waste processing plant.
The Bench, comprising Justice Adarsh Kumar Goel (Chairperson), Justice S.P. Wangdi (Judicial Member), and Nagin Nanda (Expert Member), said in its order on September 16 that “there is serious dereliction of duties of the State authorities under the public trust doctrine to provide pollution-free environment. Under the NGT Act, 2010, violation of orders of this tribunal is criminal offence, apart from an executable decree which can be enforced even by directing detention of violators in prison till compliance. This course of action may have to be considered even against highest erring officers, if the default continues.” The tribunal pointed out that no meaningful coercive measures had been adopted as expected from the State Pollution Control Board, as a regulator.
“The local bodies as well as the Urban Development department have failed to take effective steps in the matter. We record our disapproval for the lack of sincerity and sensitivity of the authorities to the health of the citizens on flimsy grounds. There is non-compliance of orders of this tribunal dated February 28, 2020. Not even compensation has been recovered as directed nor action taken against erring officers by way of entry in their annual confidential reports,” the Bench said.
The Chief Secretary has been directed to set up a three-member team of Secretary, Urban Development; Chairman, Kerala State Pollution Control Board, and the Municipal Commissioner concerned to take immediate remedial action.
The Bench said the failure of the authorities was at the cost of public health, which a welfare State can ill-afford. The Chief Secretary, who has to personally monitor compliance with the tribunal’s directives, should inform the erring officers that they will not be entitled to draw their salaries from a specified date till compliance. The tribunal asked the Chief Secretary to file his personal affidavit giving information about commencement of work relating to remediation of legacy waste site(s) and waste processing plant to handle day-to-day waste generation before January 21, 2021.
