NGT’s Principal Bench warns ₹500 crore penalty on Kerala government for Brahmapuram fiasco

The massive fire that lasted for nearly two weeks reflected poor governance the Bench said while issuing a stringent warning that it may consider prosecution measures against those responsible

The Principal Bench of the National Green Tribunal on Friday held the Kerala government responsible for the massive fire at the Brahmapuram dump site of the Kochi Corporation on March 2 while pointing out that it may consider imposing a minimum penalty of ₹500 crore for the failure of the authorities in taking meaningful action to avoid such continuing disasters.

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The Bench led by chairperson Justice Adarsh Kumar Goel made the oral observation while considering the suo motu case taken based on The Hindu report titled “Kochi chokes as fire at waste dump still rages; govt. asks people to stay indoors” published on March 6. The massive fire that lasted for nearly two weeks reflected poor governance, it said while issuing a stringent warning that it may consider prosecution measures against those responsible for the serious lapses in complying with the various environmental norms.

The counsel for the State government informed the court that the government had doused the fire after it initiated a major exercise at the site. However, the court refused to accept further submissions while pointing out that repeated warnings on the shortcomings at Brahmapuram had fallen on deaf ears.

The Principal Bench of the tribunal had taken note of the lapses in waste management at the yard back in 2019 following a major fire on February 22. It had issued several directives asking the government and the relevant departments to clear the legacy waste.

Disappointed with the government’s handling of the situation, the Bench had issued an order in September 2020 stating that it may consider imprisonment of bureaucrats, who fail to comply with its orders seeking action against those responsible for the unscientific handling of waste at the Brahmapuram solid waste processing plant. “There is serious dereliction of duties of the State authorities under the public trust doctrine to provide pollution-free environment. Under the NGT Act, 2010, violation of orders of this tribunal is criminal offence, apart from an executable decree which can be enforced even by directing detention of violators in prison till compliance. This course of action may have to be considered even against highest erring officers, if the default continues,” it said.