The worsening impasse over non-payment of environmental compensation imposed by the Jammu and Kashmir Pollution Control Committee on urban local bodies and other Government agencies has pushed environmental governance into a dangerous zone. What was envisaged as a strong deterrent under the “Polluter Pays Principle” is fast losing its credibility, not because of any legal infirmity, but due to a complete lack of accountability within the Government system. The irony is stark. Private sector violators, after exhausting legal remedies up to the Supreme Court, have largely complied with orders and deposited environmental compensation. In contrast, Government bodies-ULBs, Government hospitals, development authorities, and infrastructure agencies-continue to default with impunity. This selective compliance strikes at the very root of the rule of law and sends a damaging signal that public authorities are above the very norms they are mandated to enforce.
In today’s digital and information-rich world, ignorance of environmental norms is no excuse. Rules relating to sewage treatment, solid waste management, construction and demolition waste, and hazardous waste disposal are clearly notified, widely circulated, and repeatedly reinforced through court orders, NGT directions, and official advisories. Yet, the repeated dumping of untreated sewage, municipal solid waste, construction debris, and hazardous material into rivers, nallahs, wetlands, and other water bodies continues unabated. This is not accidental non-compliance; it is systemic negligence.
Environmental compensation is not merely punitive; it is remedial. NGT directions clearly mandate that the money collected must be utilised in the same district or area where the damage has occurred-whether for building STPs, SWM plants, remediation of polluted water bodies, or other corrective infrastructure. Non-payment, therefore, directly delays environmental restoration, allowing pollution to intensify and public health risks to escalate. For years, the NGT has issued warnings, deadlines, and directions and monitored affidavits from defaulting departments across the country. Despite this, the ground reality remains grim. STPs are often incomplete or non-functional, and solid waste management facilities exist largely on paper, resulting in legacy waste continuing to accumulate. With every passing year, affidavits multiply, but outcomes remain elusive. In such a scenario, the imposition of environmental compensation was the only effective instrument left to enforce compliance and create a financial deterrent.
That deterrent, however, has been blunted. The now-familiar excuse-“no separate budget provision”-has turned into an institutionalised shield against accountability. Departments pass the burden to their parent administrative departments; the latter forward it to the Finance Department; and the Finance Department cites lack of funds. This vicious cycle has no logical end, only environmental devastation as its outcome. The net effect is that NGT orders, despite being backed by Supreme Court judgements, are rendered toothless in practice. Worse still, a dangerous perception is taking root within departments: that there is practically nothing more the NGT can do if Government agencies refuse to pay. This perception is breeding fresh violations with impunity. When enforcement collapses at the level of the state itself, environmental regulation becomes an empty slogan.
The onus squarely lies with the Government to break this deadlock. The first and immediate step must be the creation of a dedicated budgetary provision for payment of environmental compensation by ULBs and other Government agencies. Environmental liabilities are not optional expenditures; they are statutory obligations. Simultaneously, accountability must be fixed at the individual level. Officers responsible for violations must face consequences-flagging in APRs, initiation of departmental proceedings, and even withholding of promotions where warranted. Deterrence works only when punishment is swift and certain. Equally important is prevention. Clear SOPs listing dos and don’ts must be framed and circulated from the top to the lowest operational level across all concerned departments. All ULBs should be directed, with fixed timelines, to prepare realistic and technically sound plans for STPs and SWM plants. The Government must also realistically assess the financial viability of such projects and adopt a phased funding model, rather than hiding behind the excuse of high costs.
Environmental degradation is cumulative and often irreversible. Every untreated discharge, every illegal dumping site, deepens the crisis for future generations. Half-measures, fragmented efforts, and an “all carrot, no stick” approach have already failed. Tough decisions, strict enforcement, and unwavering accountability are the only way forward.
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