NGT Enforces Polluter Pays Principle in Sambhal
Why focus: Enforces Polluter Pays principle — GS3 Environment, tests NGT Act 2010 suo motu powers and statutory mandate
In News
What Happened
Why It Matters
Background
History & Context
What Changed
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Source of Action: BEFORE, citizens had to formally file a petition and navigate legal hurdles for the NGT to act on localized dumping; NOW, the NGT effectively exercises its recognized suo motu powers to act directly on letter petitions or news reports, registering the Sambhal issue independently as O.A. No. 449/2025.
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Financial Accountability: BEFORE, civic bodies often evaded financial consequences for environmental degradation; NOW, the NGT strictly enforces the Polluter Pays Principle by levying hefty Environmental Compensation on defaulting municipal councils for delays in legacy waste remediation.
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Waste Segregation and Processing Mandates: BEFORE, unsegregated municipal, biomedical, and chemical waste was dumped together indiscriminately at Rasulpur Sarai; NOW, the local body is legally mandated to establish a compliant processing facility featuring source segregation, biomethanation, and proper treatment of leachates as per SWM Rules 2016.
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Regulatory Clearances: BEFORE, the dumping ground expanded unlawfully without any environmental scrutiny; NOW, the NGT emphasized that operating such large-scale landfills requires mandatory Environmental Clearance under the EIA Notification, 2006.
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Remedial Committee Framework: BEFORE, municipal responses to complaints were superficial, such as merely sprinkling water on landfill fires; NOW, the NGT mandates the formation of a Joint Committee comprising the Central Pollution Control Board (CPCB), State PCB, and District Magistrate to physically verify, monitor, and enforce time-bound remedial actions.
What Did NOT Change
Despite the stringent judicial directives, the overarching challenge of inadequate municipal infrastructure, lack of trained personnel, and insufficient funding for immediate scientific waste processing remains a bottleneck on the ground. Furthermore, the reliance on prolonged administrative committee reports often delays immediate, tangible relief for the affected residents living near such hazardous sites.
Prelims Angle
NCERT Connection
Common Misconceptions
✗ The NGT can only take up cases when a formal application or petition is filed by an aggrieved party under Section 14 of the NGT Act.
✓ The Supreme Court (in MCGM vs. Ankita Sinha, 2021) explicitly clarified that the NGT possesses suo motu powers to initiate proceedings on its own motion to protect the environment and uphold Article 21.
Because the NGT is a statutory tribunal, not a constitutional court (like the Supreme Court or High Courts under Articles 32 and 226), and the NGT Act 2010 does not explicitly use the term 'suo motu'.
✗ The 'Polluter Pays Principle' implies that paying a fine or compensation grants the violator the right to continue the polluting activity.
✓ The principle requires the polluter to pay for the remediation of the environment and compensation to the victims, but it strictly demands the immediate cessation of the polluting activity.
The term 'pays' is often misconstrued as a transactional fee, a license, or a 'pollution tax' rather than a punitive and restorative penalty designed to stop the harm.
Practice Questions
Q1
How Many CorrectConsider the following statements regarding the National Green Tribunal (NGT) and its powers: 1. The NGT has explicit constitutional backing under Article 32 to exercise suo motu jurisdiction for environmental protection. 2. The Supreme Court in the Ankita Sinha case (2021) ruled that the NGT can initiate proceedings based on letters or media reports without a formal application. 3. The NGT has the power to levy Environmental Compensation on urban local bodies for violating the Solid Waste Management Rules, 2016 under the Polluter Pays Principle. How many of the above statements are correct?
Q2
Match the FollowingMatch List I (Legal Framework / Principle) with List II (Associated Provision / Application): List I A. Solid Waste Management Rules, 2016 B. Polluter Pays Principle C. EIA Notification, 2006 D. Section 15 of the Environment (Protection) Act, 1986 List II 1. Mandates prior environmental clearance for certain large-scale landfill sites. 2. Mandates source segregation of waste and legacy waste remediation. 3. Prescribes penalties for contravention of the Act and its associated rules. 4. Requires the offending entity to bear the costs of ecological restoration.
Q3
Assertion & ReasonAssertion (A): The National Green Tribunal (NGT) cannot initiate proceedings on its own motion (suo motu) because it is a statutory tribunal, not a constitutional court. Reason (R): In 2021, the Supreme Court of India ruled that the NGT must adopt a purposive interpretation of the NGT Act, 2010 to protect the right to life, which includes exercising suo motu powers.