NGT has imposed a fine of about 80,000 crore so far on states for not disposing of sewage and garbage

The National Green Tribunal (NGT) has so far imposed fines of about Rs 80,000 crore on states and Union territories (UT) for non-compliance of sewage treatment and garbage disposal rules and for violating orders. 

The NGT observed that there is a huge gap in the treatment of sewage and disposal of solid waste by states and UTs. For instance, 26,000 million litres per day (MLD) of liquid waste and 56,000 tonnes per day of solid waste are not being disposed of. Also, 180 million tonnes of legacy waste have not been disposed of by states.

Of the Rs 80,000 crore fine, more than 50 per cent of the penalty has been imposed on four states alone.

The highest penalty has been imposed on Tamil Nadu at Rs 15,419.71 crore, followed by Maharashtra at Rs 12,000 crore, Madhya Pradesh at Rs 9,688 crore and Uttar Pradesh at Rs 5,000 crore.

This huge amount of fines has been added under the affidavits of the chief secretaries of states and the orders given by the NGT itself. Down to Earth had reported in an analysis on October 28, 2022, that a bench headed by Justice Adarsh ​​Kumar Goyal imposed fines of about Rs 30,000 crore on seven states within just five months (May-October, 2022).

If the amount of fines imposed on states for garbage and sewage is compared to the ad hoc National Compensatory Afforestation Fund Management and Planning Authority (CAMPA) fund created by the Supreme Court in 2002 to compensate for forests, it is 48 per cent more.

For decades, a total of Rs 54,000 crore was accumulated in CAMPA through forestry compensation, which is being released to the states since 2015 for works like tree plantation.

The amount of the fine was fixed by the NGT at Rs 300 per metric tonne of solid waste and Rs 2 crore per MLD for liquid waste, taking into account the damage caused to the environment. The amount of fine was also calculated on the basis of solid waste and sewage of the state without treatment.

Details of compensation directed/undertaking to ring fence equivalent amount 

About 27 years ago, in 1996, the case of Almitra H Patel vs Government of India regarding the demand for scientific treatment and management of solid waste and sewage reached the Supreme Court. It continued in the Supreme Court for almost 18 years.

Meanwhile, the Supreme Court passed comprehensive orders in 2000 and 2004. However, these orders were not implemented at state-level. In 2014, the Supreme Court referred the matter to the NGT saying that the tribunal had the expertise to look into the matter.

The NGT, after hearing the case for about 9 years, calculated the fine of Rs 80,000 crore for the states, accounting for about 27 years. It did so for the original application number 606/2018, in its revised order dated May 22, 2023.

Experts, though, believe that states will not deposit the amount immediately. Advocate Rahul Chaudhary said states might knock on the doors of the Supreme Court.