SC upholds NGT ruling imposing fines on Ulhas river polluters

In a major boost to conservation of River Ulhas, the Supreme Court has stayed all orders passed by the Bombay high court regarding hefty fines to be coughed up by polluters of the river to the state government.

In August last year, the National Green Tribunal, in a judgment issued over an application filed by Vanashakti, had imposed fines on polluters. However, the judgment was later challenged in Bombay high court, which granted relief to the alleged polluters through a stay order.

Vanashakti had moved the western zone bench of the National Green Tribunal, Pune, in 2013, against alleged rampant pollution of the Ulhas River due to release of partially treated and untreated industrial effluents as well as domestic sewage. Vanashakti had sought directions to the state government to take stern action against polluters. After elaborate hearings and deliberations, the NGT passed judgment in August 2015, imposing hefty fines on polluters.

The NGT judgment was challenged in Bombay high court and subsequently stayed. Vanashakti then filed a Special Leave Petition (SLP), challenging the high court’s decision to admit the petition challenging the NGT order.

“Our contention was that the petition is not maintainable in Bombay high court as legal remedy to challenge NGT judgment is available. Those aggrieved by the judgment should have either filed a review application at NGT or challenged it in the Supreme Court, as per provisions of the NGT Act,” said Stalin Dayanand from Vanashakti.

After hearing the matter on April 18, a division bench of the Supreme Court comprising Justice Pinaki Chandra Ghose and Justice Amitava Roy stayed all orders passed by the Bombay high court. “This is the best gift a river can get on Earth Day,” said Mr Dayanand, reacting to the SC judgment. Vanashakti now expects the state government to comply with the NGT judgment and recover fines imposed by the tribunal on polluters.