Rs 3500 cr deposited in ring-fenced account for solid waste management: WB Govt to NGT

Dec 24, 2022

New Delhi [India], December 24 : The West Bengal Government informed the National Green Tribunal (NGT) that it has taken a positive step by creating two separate ring-fenced accounts under the scheme "Solid Waste Management Mission" in compliance with the NGT order for sewage and solid waste management.
The report submitted in this regards stated that following Tribunal directions, Urban Development and Municipal Affairs Department has created two separate ring-fenced accounts under the scheme "Solid Waste Management Mission" in the Public Account of State Urban Development Agency (SUDA) after getting concurrence of the Finance Department of Government of West Bengal the sum of Rs 3500 crore has been deposited to the ring-fenced account.
After taking note of the report submitted by the West Bengal Government, the Bench headed by Justice Adarsh Kumar Goel on December 21, said that further restoration measures may be continued, as directed earlier.
The National Green Tribunal (NGT) on September 1 imposed Environmental Compensation of Rs 3500 crores on the State of West Bengal for allegedly not managing solid as well as liquid waste management causing harm to the environment.
The tribunal had stated that considering the damage to the environment, the compensation has to be paid by the State for past violations.
The Bench headed by Justice Adarsh Kumar Goel in an order passed dated September said that the award of compensation has become necessary under section 15 of the NGT Act to remedy the continuing damage to the environment and to comply with directions of the Supreme Court requiring this Tribunal to monitor enforcement of norms for solid and liquid waste management.
Moreover, without fixing the quantified liability necessary for restoration, the mere passing of orders has not shown any tangible results in the last eight years (for solid waste management) and five years (for liquid waste management), even after the expiry of statutory/laid down timelines. Continuing damage is required to be prevented in future and past damage is to be restored, said the bench.
The Tribunal found the gap in generation and treatment in West Bengal, as per the data furnished is 1490 Million Litres per Day (MLD). Thus, under this head, the liability of the State of West Bengal is to pay compensation of Rs 2,980 crores, rounded off to Rs 3000 crore in view of continuing damage, said the bench.
Ther Tribunal also stated: "This works out to Rs 366 crore but adding 134 crore for continuing addition of unprocessed waste @ 13469.19 TPD, the total amount is rounded off to Rs 500 crore. Thus, the final amount of compensation under the two heads (solid and liquid waste) is assessed at Rs 3,500 crores which may be deposited by the State of West Bengal in a separate ring-fenced account within two months, to be operated as per directions of the Chief Secretary and utilised for restoration measures, including preventing discharge of untreated sewage and solid waste treatment/processing facilities, as per appropriate mechanism for planning and execution that may be evolved, within three months. If violations continue, liability to pay additional compensation may have to be considered. Compliance will be the responsibility of the Chief Secretary."
The order was passed by the Green court while examining the issues of solid as well as liquid waste management as per orders of the Supreme Court order dated September 2, 2014, with regard to solid waste management and an order dated February 22, 2017, with regards to liquid waste management.