NGT Comes Down Heavily On Kochi Municipal Corporation For Neglecting It’s Duties, Imposes 100 Crore Fine

The National Green Tribunal bench comprising Adarsh Kumar Goel as Chairperson, Sudhir Agarwal as Judicial Member and A. Senthil Vel as expert member recently came down heavily on Kochi Municipal Corporation for continuously neglecting it’s duties and awarded an environment compensation of Rs.100 crores under section 15 of NGT Act against the corporation which is to be deposited within one month for necessary remediation measures including dealing with the public health issues of the victims. The amount is to be deposited with the Chief Secretary. 

In the matter at hand proceedings were initiated suo motu in the light of the media reports that there is a serious environmental crisis caused by the fire at the waste dump site in Kochi.The bench held that the question for consideration here is whether intervention by the tribunal is necessary and if yes, then what directions are called for.

It was observed that the local authorities constituted for providing services to the citizens are lethargic and insufficient in their functioning which is impermissible. Non-accountability has led to lack of effort on the part of the employees. Domestic garbage and sewage along with poor drainage system in an unplanned manner contribute heavily to the problem of solid waste. The number of slums have multiplied significantly occupying large areas of public land. Promise of free land attracts more land grabbers.The tribunal further noted that instead of "slum clearance" there is "slum creation" in cities which is further aggravating the problem of domestic waste being strewn in the open.

In the light of the aforementioned, the bench observed that there is a continued neglect of it’s duties by the Kochi Municipal Corporation and awarded an environment compensation of Rs.100 crores under section 15 of NGT Act against the corporation which is to be deposited within one month for necessary remediation measures including dealing with the public health issues of the victims. The amount is to be deposited with the Chief Secretary. 

The court further directed the Chief Secretary of Kerala to fix accountability of concerned officers for such gross failures and initiate action under criminal law as well as by way of departmental proceedings, following due process and to place the same in public domain within two months.

ORIGINAL APPLICATION NO. 178/2023