Intervention by Supreme Court in Environmental Dispute The Supreme Court of India granted a respite to Rajasthan through a stay on the fine imposed on it by the National Green Tribunal (NGT) for a whopping Rs 746 crore. The penalty was about the alleged non-compliance by the state regarding management of the solid and liquid waste.
The case was initiated after the NGT found serious mismatches in waste management practices of Rajasthan, as it assumed environmental watchdog-ing. The tribunal imposed a fine against the state based on its finding that the state had not complied with the prescribed environmental norms critical for maintaining ecological balance and public health.
Supreme Court Halts NGT’s Rs 746 Cr Environmental Fine
The NGT intervened after years of reported mismanagement, pointing out that Rajasthan had failed in managing its waste even after; however, it had not shown adequate progress in implementing waste treatment facilities. The fine was seen as further punitive measures for the state to adopt more environmental responsibility. However, the Rajasthan government opposed this conclusion, claiming that the magnitude of the penalty was grossly disproportionate to the actual state of affairs and considered only partially the huge investments made in upgrading the waste management systems.
Rajasthan’s Additional Advocate General, Shiv Mangal Sharma, stated that the state had already invested Rs 4712.98 crore into liquid waste management with another Rs 2872.07 crore since 2018 on solid waste management. These investments formed part of the overall scheme for compliance with the Solid Waste Management Rules, 2016, and the Water (Prevention and Control of Pollution) Act, 1974.
Reason for the Stay by the Supreme Court The Supreme Court, it seems, lured into considering the matter minutely. So, by a division bench comprising Justices Abhay S Oka and KV Vishwanathan, the arguments were heard where the state counsel stressed the efforts and financial commitments by Rajasthan. The bench felt that keeping in view the efforts and finances involved within such a huge penalty, it called for a more nuanced penalty framework.
The stay is intended to allow a closer look at the case, making some room for the Rajasthan government to either demonstrate further proof of compliance or to negotiate terms more commensurate with the actual size of the problem and the remedial actions taken. This decision by the Supreme Court also provides a financial reprieve, apart from being a good precedent for future schemes of environmental penalties and the modalities of their enforcement.
This case demonstrates how the NGT and the state governments interact. It also emphasizes how necessary the judicial review is in guaranteeing that environmental laws are enforced judiciously while motivating the states to further improve their environmental practices. The matter continues in court for further hearings to be undertaken before arriving at the final decision regarding the penalty and compliance of Rajasthan with the environmental norms.
