Tribunal On A Tightrope

Poor implementation of polluter pays principle and conflicts with the environment ministry risks the National Green Tribunal's effectiveness.

- Srestha Banerjee and Ikshaku Bezbaroa

IN WHAT can be dubbed as one of the largest environmental fines in Indian history, the National Green Tribunal (NGT) in early January asked Pune-based Goel Ganga Developers to pay a whopping Ì€ 195 crore towards the “restoration and restitution of environmental damage” caused due to its illegal construction activities and for contravening environmental laws. While the real estate giant has moved the Supreme Court challenging the NGT decision, this is not the first time the special tribunal, established over seven years ago for effective and expeditious disposal of environment-related cases, has found itself in the eye of the storm for taking polluters to task.

In 2016, NGT set a precedent by holding a private company responsible for damages precipitated by natural disaster. The tribunal determined that the June 2013 flood in Uttarakhand’s Srinagar town caused large losses to property and even life because the Alaknanda Hydro Power Corporation Ltd (AHPCL) had dumped a huge amount of muck on the riverbed while building the Srinagar dam. NGT thus asked AHPCL to pay ₹9.26 crore as compensation to those affected by the floods. But the gvk group, which owns AHPCLl, has challenged NGT's decision in the apex court.

In a similar high-profile verdict that year, the tribunal had imposed Ì€ 5 crore on the Art of Living Foundation, a UN non-profit known for stress relief courses, as restoration costs for damaging the fragile ecosystem of Yamuna floodplains during its three-day World Culture Festival. The foundation’s head Sri Sri Ravi Shankar has since mocked the NGT , scoffed at it in a Facebook post and moved the Supreme Court, saying that NGT’s verdict is unjust.