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Pollution in Ghaggar: NGT orders three states, UT to submit report by January 31
The NGT has ordered that the four chief secretaries must meet at least once in a month to take stock of the situation, while the first such meeting may be held on or before November 30
Jalandhar The National Green Tribunal (NGT) is upset with the three states of Punjab, Haryana, Himachal Pradesh and UT Chandigarh over their failure to implement the recommendations of the executive panel headed by justice Pritam Pal (retd) to control water pollution in Ghaggar river. The NGT also directed the chief secretaries of respective states and UT to hold a meeting within one month on the recommendations of the executing committee for meaningful prompt action and fixing accountability for the erring officers.
The NGT has ordered that the four chief secretaries must meet at least once in a month to take stock of the situation, while the first such meeting may be held on or before November 30 and action must be taken and compliance report is to be submitted to the executive panel by Jan 31, 2021, while the committee will submit its consolidated report, and its own recommendations on or before Feb 28 next year. The NGT has fixed the next hearing on March 16, 2021.
The NGT observed that HP, Haryana, Punjab and UT Chandigarh continue to contribute to water pollution, which is a criminal offence. It is a breach of public trust under public trust doctrine.
“Water pollution is a serious threat to the health of the citizens as well as other living beings who consume the water and also to the food safety for growth of which the water is used for irrigation,” reads the order.
The NGT added that if the state finds that they are unable to manage the sewage directly, there is no bar to other options being explored but there cannot be any justification not to comply with the mandate of law and protecting the health of the citizens in accordance with the constitutional mandate.
“No action is being taken against the erring officers. It gives an impression that there is the collapse of Environmental rule of law. Who is to pay the cost of damage to the environment and public health of a large number of unidentified citizens and other living creatures? Is such cost being calculated? How officers responsible for damage by their inaction or otherwise are being dealt with. Should the state be held liable vicariously for such failure and failure to punish the guilty,” reads the order.
NGT added that it had passing repeated orders and as many as six reports have been submitted by a monitoring committee headed by a former high court judge and a former chief secretary, clearly recording failure of the state authorities but the higher authorities are also conveniently ignoring their responsibility. Advocates for the authorities only maintain silence before this tribunal.
“If the state itself fails in implementing the law, it is nothing but the breakdown of the system itself. Is this Tribunal to just remain a silent spectator for such gross failure or hold the highest authorities accountable by directing their prosecution for their criminal failure and indirectly being party to the crime against the law of the land? How the law of the land is to be meaningfully enforced? We expect answers to these questions from the states,” NGT warned.
The monitoring panel gave recommendations for controlling pollution in Ghaggar river to pollution control bodies of the respective states and UT to upgrade the Sewage Treatment Plants in towns on the banks of Ghaggar river or install new STPs, besides it also recommended stopping untreated wastewater flowing into the river along with taking action against identified polluters, law violators and officers responsible for the failure for vigorous monitoring. The Ghaggar river originates from Himachal and passes through Haryana and Punjab.
