NGT pulls up authorities over non-removal of legacy waste in Bargarh
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Cuttack: The
National Green Tribunal
(NGT) issued notices to the chief secretary, secretary, housing & urban development department, collector (Bargarh) and executive officer of Bargarh municipality to show cause within one month as to why they should not face trial for non-compliance of orders regarding removal of legacy waste dumped for the past 10 to 15 years in Bargarh town.
NGT's east zone bench in Kolkata was hearing a petition seeking criminal proceedings against authorities for non-compliance of orders the tribunal issued on March 23, 2023.
The legacy waste dump sites has resulted in huge damage to the environment and posed health hazards to the population in the vicinity of such dump sites.
In the order uploaded on Wednesday (May 28), the bench comprising Sudhir Agarwal (judicial member) and Dr Arun Kumar Verma (expert member) said, "Under these circumstances, we find sufficient justification in this particular matter where action should be taken for prosecution of the authorities who have not complied with the tribunal's order by initiation of prosecution under Section 26 of NGT Act, 2010."
"However, before proceeding further, we find it appropriate to give a last opportunity to the concerned authorities hence we give opportunity to respondents to show cause as to why appropriate directions be not issued for initiation of prosecution against them for committing offence by non-complying and disobeying the directions of tribunal and thereby, attracting the provisions of Section 26 of NGT Act, 2010," the bench added and scheduled the matter for July 28.
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Section 26 of National Green Tribunal Act, says that non-compliance of direction of tribunal is an offence for which punishment as prescribed includes imprisonment for a term which may extend to three years, or with fine which may extend to Rs 10 crore.
Ramakanta Rout and six other residents of Purushotam Nagar in ward no. 15 under Bargarh municipality area filed the petition. Advocates Sankar Prasad Pani and Ashutosh Padhy represented the petitioners.
On March 23, 2023, the tribunal disposed of the petition with a direction to Bargarh municipality to ensure complete treatment of legacy waste of over 51,000 metric tonnes through bio-mining/micro composting centres/material recovery facilities by Dec 31, 2023. The tribunal also directed the state govt to immediately deposit Rs 1.84 crore in an ESCROW account to be utilised for the remediation measures by Bargarh municipality.
"More than two years have passed but the concerned authorities have not taken care to take directions seriously and take steps towards their compliance. But it appears that there is a lackadaisical approach adopted by the said authorities with regard to directions issued by tribunal," the bench remarked, adding, "The state of affairs as noticed is very unsatisfactory, particularly, when it relates to serious contamination and pollution of environment i.e.
, contamination of land as well as river water."
"We also do not find any effective explanation or reason in the affidavit of district collector (Bargarh) as to why for the last more than two years, it was not possible to comply with the tribunal's directions. On this aspect, the reply is virtually silent. The only reason, therefore, evident is, lack of sincerity and seriousness on the part of authorities concerned towards preservation of environment and compliance of directions of Tribunal," the bench observed.
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