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The bench was informed today that a review against the said order was already pending before the NGT.
A CJI DY Chandrachud led bench of the Supreme Court has stayed the order of the National Green Tribunal (NGT) imposing a fine of ₹ 12,000 crores on the State of Maharashtra for not managing solid and liquid waste disposal.
Senior Advocate Mukul Rohatgi, appearing for the state of Maharashtra, told the bench also comprising Justices JB Pardiwala and Manoj Misra that a review was already pending before the NGT.
Court thus went on to issue notice in the plea and stay the order directing to deposit said fine in a separate ring-fenced account.
The impugned order was passed in September last year whereby a fine was imposed under section 15 of the NGT Act.
"Continuing damage is required to be prevented in future and past damage is to be restored", the bench of Justice Adarsh Kumar Goel Justice Sudhir Agarwal (Judicial Member) and Prof. A. Senthil Vel (Expert Member) had said.
“Moreover, without fixing quantified liability necessary for restoration, mere passing of orders has not shown any tangible results in the last eight years (for solid waste management) and five years (for liquid waste management), even after expiry of statutory/laid down timelines. Continuing damage is required to be prevented in future and past damage is to be restored”, the bench had further observed. Relying on Abhisht Kusum Gupta v. State of U.P., NGT had determined the compensation of ₹10,840 crores in respect of gap in treatment of liquid waste and ₹1,200 Crores in respect of un-remediated legacy waste, in total ₹12,000 crores and directed the State of Maharashtra to deposit the same in a separate ring-fenced account within two months which is to be operated as per directions of Chief Secretary for restoration measures.
Case Title: State of Maharashtra vs. NGT
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