NGT levies Rs 10 cr compensation on Kerala for damage to 2 Ramsar wetlands

The National Green Tribunal has directed Kerala to pay a compensation of Rs 10 crore for its “gross failure” in “overseeing remedial measures” for protecting Ashtamudi and Vambanad-Kol wetlands, the two Ramsar sites in Kollam district. The NGT was hearing a petition claiming the failure of authorities concerned in the state for taking remedial action for protecting the two sites.

A bench headed by NGT chairperson Justice A K Goel noted that in pursuance of the tribunals earlier orders, an action-taken report was submitted by the states additional chief secretary (environment) on March 21 and it depicted a “disappointing state of affairs in doing the mandatory duty of protecting wetlands” despite binding orders of the Supreme Court.

The bench, also comprising judicial member Justice Sudhir Agarwal and expert member A Senthil Vel, said that the states action to remedy the situation was “inadequate” and the authorities concerned could not “plead helplessness” in implementing the rights guaranteed to its citizens and also in taking stringent measures for the protection of the environment and public health.

“For gross failure of the state in overseeing remedial measures by its departments or authorities, we require the state to pay compensation of Rs 10 crore on the polluter pays principle to be deposited in a ring-fenced account…,” the bench said.

Directing that the deposit be made within a month, the tribunal said the account has to be operated under the authority of the states chief secretary. The amount has to be utilised for conservation or restoration measures by preparing an integrated and time-bound action plan, which has to be preferably executed within six months, the tribunal said.

“It will be open to the chief secretary to collect the amount from erring officers/departments/industries/individuals in accordance with law by an appropriate mechanism and hold erring officers appropriately accountable departmentally or by way of prosecution and also to proceed against other entities, railways, local bodies and industries,” the NGT said.

The Kerala State Pollution Control Board and the State Wetland Authority also had to exercise their statutory powers in sync with the action of other authorities, it said.

“The ACS, environment, may monitor the progress of the action plan at least once a month and place the minutes of meetings on the states website. The chief secretary may hold a review meeting at least once a quarter,” the tribunal said.

The green panel said an action taken report of progress on expiry of six months had to be filed before the tribunal by October 31.

On January 6, the tribunal had directed the filing of an action taken report after noting a report filed by the ACS, environment, and said that virtually no effective steps were taken on the ground and nothing was said about the preparation of monitoring and restoration plans.

According to the petition, the wetlands, which provided habitat for a wide variety of flora and fauna along with migratory birds had become polluted drains because of dumping pharmaceutical waste, plastic waste, domestic waste, and slaughter house waste, etc.

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