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Synopsis

The National Green Tribunal (NGT) principal bench at New Delhi recently imposed a fine of Rs 25,000 on the Ministry of Environment Forest and Climate Change (MoEF&CC) for its failure in placing on record any concrete measures taken for effective control of air pollution.

The bench comprising Justice Sudhir Agarwal, Judicial Member and Dr. A. Senthil Vel, Expert Member stated that the counsel for MoEF&CC admitted the lack of clarity in the Ministry's response regarding effective steps taken to control air pollution, resulting in the imposition of the cost for providing a vague and irrelevant reply.

The tribunal initiated the suo moto hearing based on a news article titled "Feeling anxious? Toxic air could be to blame" published in The Times of India on October 10, 2023. The report highlighted the potential higher risks of depression, anxiety, and respiratory disorders due to long-term exposure to air pollution. The NGT acknowledged that individuals breathing polluted air may experience changes in brain functions related to emotions, leading to mental health issues.

In October, upon examining the matter, the tribunal had observed the need for further investigation into the various chemical and physical components causing air pollution and their adverse effects on different organs of the human body. While larger issues related to air pollution in Delhi were already under consideration, the specific concerns outlined in this case warranted additional examination. Six respondents, including MoEF&CC, Central Pollution Control Board (CPCB), and Indian Council of Medical Research (ICMR), were impleaded to the proceedings.

The NGT noted that CPCB admitted the presence of several metals and pollutants causing air pollution but failed to take effective measures to control it. Additionally, the tribunal highlighted the diversion of environmental compensation funds deposited with CPCB for unauthorized purposes.

Consequently, the NGT sought complete details of the funds, emphasizing that such diversions constitute a gross misuse and serious financial irregularity. The bench granted a month's time to CPCB to file a reply and to ensure that the funds labeled as "Environmental Compensation" are not diverted or subject to financial irregularities.

It emphasized that these funds should not be misappropriated for activities outside the CPCB's domain.

The NGT posted the matter on February 14, 2024, for further hearing, underscoring the need for clarity and concrete steps in addressing air pollution concerns.

Case Title- In re: News item appearing in Times of India dated 10.10.2023 titled "Feeling anxious? Toxic air could be to blame"