In a recent development, a Supreme Court bench led by Chief Justice DY Chandrachud has intervened in the National Green Tribunal's (NGT) order, which had levied a hefty fine of ₹12,000 crores on the State of Maharashtra for its alleged mismanagement of solid and liquid waste disposal.

Senior Advocate Mukul Rohatgi, representing Maharashtra, apprised the bench, comprising Justices JB Pardiwala and Manoj Misra, that the state was already in the process of reviewing the NGT's decision. In response, the court issued a notice and simultaneously imposed a stay on the order, which had mandated the deposit of the specified fine into a segregated account. The NGT's order, issued in September of the preceding year, had invoked Section 15 of the NGT Act to impose the substantial penalty.

The NGT bench, consisting of Justice Adarsh Kumar Goel, Justice Sudhir Agarwal (Judicial Member), and Prof. A. Senthil Vel (Expert Member), underscored the importance of preventing ongoing environmental damage and restoring past harms. Notably, the bench emphasized that the lack of a clear and quantified liability for restoration had failed to yield concrete results in solid waste management over the last eight years and liquid waste management over the last five years, despite the expiration of statutory timelines.

Drawing from the precedent set in the case of Abhisht Kusum Gupta v. State of U.P., the NGT had calculated the compensation at ₹10,840 crores for the gap in liquid waste treatment and ₹1,200 crores for un-remediated legacy waste, totaling ₹12,000 crores. The NGT directed Maharashtra to deposit this amount into a ring-fenced account within two months. The account's management was to align with the directives of the Chief Secretary for the implementation of restoration measures.

The Supreme Court's intervention raises questions about the NGT's decision and emphasizes the need for a comprehensive review of the case. As legal proceedings unfold, the implications for Maharashtra's waste management policies and environmental conservation efforts remain significant.

Case: State of Maharashtra vs. NGT.

CIVIL APPEAL Diary No(s).44889/2023.

Click here to read/download judgment.