NGT imposes fine on Pokaran Municipal Board for discharging untreated sewage into farmers’ lands in Jaisalmer

NGT imposes fine on Pokaran Municipal Board for discharging untreated sewage into farmers’ lands in Jaisalmer

The environmental penalty is Rs. 65,75,000

The National Green Tribunal (NGT) has imposed a fine on Pokaran Municipal Board for discharging untreated sewage and damaging the agricultural land of farmers in Rajasthan's Jaisalmer district.

The bench of Justice Sudhir Agarwal and Dr. Afroz Ahmad stated, “The law is well settled that no discharge of untreated sewage is permissible in any stream unless requisite treatment is made and the water quality is improved as per the prescribed standards under the provision of the Water Act, 1974. In case of a breach, it is liable to pay environmental compensation on the principle of Polluter Pays.”

Six applicants - Bhoma Ram Mali, Pukhraj Mali, Ashok Mali, Bhanwari Devi, Kamla, and Rekha, filed the plea alleging that the municipal council failed to observe its statutory duties and discharged untreated sewage on their open land in Pokaran tehsil. This damaged the land, rendering the soil unfit for agricultural use.

They submitted that the municipal council was responsible for maintaining drainage, cleanliness, handling and management of solid waste, and discharge of sewage after its treatment. It had to follow the standards prescribed under the provisions of the Water (Prevention and Control of Pollution) Act, 1974, and comply with the provisions of the Air (Prevention and Control of Pollution) Act, 1981, the Environment Protection Act, 1986, and the Solid Waste Management Rules, 2016.

To investigate the allegations, a three-member joint committee was constituted by NGT.

The committee acknowledged, “There was discharge of untreated sewage water in the open land belonging to the applicants. It affected the land adversely and damaged the crops, causing financial loss to the applicants. Besides, there were many violations of environmental laws.”

The tribunal directed the Rajasthan State Pollution Control Board (RSPCB) to calculate the environmental compensation against the violators on the principle of ‘Polluter Pays’. It further directed the Board to calculate the damage caused to the applicants.

Consequently, NGT ordered the Municipal Board to pay environmental compensation of Rs.65,75,000 as proposed by the regional officer of Jaisalmer and directed them to deposit the amount within two months with the RSPCB.

The tribunal further advised the Municipal Board to refrain from discharging any untreated sewer in River Tolaberi or any open area of private entities.

While disposing of the plea, the tribunal said, “The applicants’ land is more than nine hectares, which is a big chunk. It is the basic source of livelihood for the applicants. We, therefore, direct that they shall be entitled to a compensation of Rs.20 lakhs, which shall be paid by RSPCB from the amount of environmental compensation deposited by the respondent.”

NGT added that the remaining amount of compensation would be utilized by RSPCB for the restoration of the environment as per the restoration plan. It directed that the action plan should be prepared within two months by a joint committee comprising RSPCB, collector, and DFO, Jaisalmer.