Order of the National Green Tribunal regarding payment of compensation by the municipal committee, Ramban, Jammu & Kashmir, 22/09/2020
Order of the National Green Tribunal in the matter of Executive Officer Municipal Committee Ramban, UT of J & K Vs Jammu and Kashmir Pollution Control Board dated 22/09/2020.
This appeal has been preferred against order dated July 8, 2020 passed by the Jammu & Kashmir Pollution Control Board assessing compensation on polluter pays principle for violation of environmental norms. The appellant is Municipal Committee, Ramban and it is alleged that it did not take necessary steps to prevent unscientific dumping of waste, resulting in damage to the environment.
The NGT ruled that it is undisputed that damage to the environment has taken place in violation of constitutional duty of the local body to take preventive measures in the matter. However, having regard to the plea of Coronavirus pandemic and financial constraints faced by the municipal committee - the court allowed the amount of compensation to be reduced to 50%. The amount has to be paid within six months in two installments, subject to the committee maintaining due vigil in maintaining environmental norms, the tribunal said.