MPCB directed to review compensation calculated for Panchganga pollution
NGT has directed MPCB to review EDC calculated at ₹38.40 crore to be levied on Kolhapur Municipal Corporation in Panchganga River pollution issue
Pune: The Western Bench of National Green Tribunal (NGT) has directed the Maharashtra Pollution Control Board (MPCB) to review the environmental damages compensation (EDC) calculated at ₹38.40 crore to be levied on the Kolhapur Municipal Corporation (KMC) in the Panchganga River pollution issue.
The municipal corporation has raised an objection to the decision taken by NGT in its November 3 hearing stating that the amount is already calculated in an earlier penalty levied by the environmental watchdog in the case registered in 2018, and two compensations cannot be imposed for the same period.
In the hearing held in August 2024, MPCB submitted an affidavit stating that KMC was required to pay ₹38.40 crore as EDC with the amount reached in three parts mainly for discharging untreated sewage water in nullahs and for delay in setting up sewage treatment plants (STPs).
Following objection by KMC over the compensation amount, the tribunal directed the civic body to conduct a self-assessment of the EDC.
In the latest hearing on December 3, KMC submitted a response stating that the EDC was miscalculated by MPCB and the corporation need not compensate any amount. To which the tribunal highlighted that the calculation made by MPCB of ₹14.40 crore for discharging untreated sewage water seems calculated rightly. Upon inquiring by the NGT about the rate applied in EDC calculation, the board responded that the reference has been made to the principle laid down in the Paryavaran Suraksha’s Case. The EDC has been calculated by MPCB for six nullahs with ₹5 lakh per month per nullah for 48 months.
KMC objected to the EDC stating that the amount calculated by MPCB has already been included in the ₹12,000 crore penalty levied by the tribunal in a case registered in 2018 for the same period as well. Hence, KMC cannot be penalised twice for the same default.
Considering the point raised by KMC, the tribunal directed MPCB to clarify the point raised by the civic body as to whether the EDC calculated by them in the present case has been reached after taking into consideration the decision taken by the principal bench in the same case in the past or it is an additional amount for the period beyond that.
The next hearing is set for April 7, 2025.
₹12,000-crore fine on state government
After the introduction of solid waste management rules in 2016 by the central government, a two-year timeline was given to all state governments and local bodies to implement it. In 2018, the principal bench of NGT registered a suo motu case to check compliance with the solid waste management rules. This also included all forms of pollution and all local bodies, state government, central government offices, cantonment boards were asked to submit a compliance report. On which, the NGT again gave a four-year deadline to comply with the new rule and a high-level committee was formed to keep a check on the progress made by the local bodies and state government. In the final hearing held in 2022, the principal bench of NGT levied a ₹12,000-crore fine on the Maharashtra government for non-compliance with the Solid Waste Management Rules 2016 and most of the local bodies failed to comply with the rules, including KMC for Panchanga River pollution.
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