Budget constraint cannot justify violation of citizens' right to clean environment: NGT

A plea was filed by Bhanwar Lal Bhargava about discharge of untreated sewage and industrial effluent on agricultural land in Nokha, Rajasthan

The National Green Tribunal has said that insufficient money in civic authorities cannot justify the violation of citizens' right to clean environment.

The principal bench of the NGT headed by Justice Adarsh Kumar Goel made this observation when the executive officer of the municipal board in Nokha, Rajasthan told the tribunal that the existing Sewage Treatment Plant (STP) could not be repaired and operated due to insufficient budget.

The tribunal was hearing a plea filed by Rajasthan resident Bhanwar Lal Bhargava about discharge of untreated sewage and industrial effluent on agricultural land in Bikaner's Nokha village.

Slamming the urban local body, the bench said the officer who has filed the affidavit does not have the requisite knowledge of law and responsibilities of the state pollution control board.

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"In view of binding judgment of the Supreme Court, the plea of budget cannot be taken to justify the continued violation of the Water Act and the citizens' right to clean environment. In absence of any other source of funds, funds are to be raised from the citizens in the area as directed by the Supreme Court, and for failure, concerned erring officers are to be proceeded against," the bench said.

The NGT gave one last opportunity for compliance, failing which the secretary of the departments concerned i.e. local bodies/urban development/local self department and the member secretary of the state PCB will be held personally accountable, by way of coercive measures laid down under sections 25 and 26 of the National Green Tribunal Act, 2010 (NGT Act).

Under section 26 of the NGT Act, violation of the order of this tribunal is a criminal offence punishable with imprisonment up to three years and a fine of up to Rs 10 crores. Under section 25 of the NGT Act, 2010, the order is executable at the decree of the civil court.