Polluter Pay Principle on the Yamuna River: the National Green Tribunal

The National Green Tribunal (NGT) bench headed by Swatanter Kumar on 22 July 2013 invoked the Polluter Pays Principle to deal with the problem of pollution and dumping of debris on the Yamuna bank.

The NGT orders
• Any person found dumping debris on the river bank at any site will have to pay 5 lakh Rupees for causing pollution. The offender will also have to remove the debris.
• The fine so imposed shall be recovered from the person who is responsible for dumping of debris- truck owner as well as person to whom the debris belongs - by whose property demolition the debris have been created.
• Even the contractor who is carrying on the business of dumping of debris shall be equally responsible.
• The Tribunal directed all concerned authorities, including the Delhi Development Authority, East Delhi Municipal Corporation and the Delhi Metro Rail Corporation to ensure that all debris is removed by 15 August 2013.
• The Tribunal gave the time till August 2013 to the Secretary of the Ministry of Environment and Forests to constitute an Expert Committee to finalise the Yamuna preservation and beautification plan.

The Tribunal order came on the backdrop of a petition filed by Manoj Misra of the Yamuna Jiyo Abhiyan, which has opposed the dumping of debris and construction waste on the banks of The Yamuna River.