The National Green Tribunal has directed that performance guarantee of over ₹5 crore deposited by the Delhi government be forfeited as it has failed to comply with orders on two separate matters pertaining to pollution caused by dairies and illegal banquet halls in the city.

A Bench headed by NGT Chairperson Justice Adarsh Kumar Goel further directed that performance guarantee of ₹10 lakh each imposed on the three civic bodies also be forfeited as the municipalities have failed to check pollution from dairies.

‘Avoiding responsibilities’

Coming down heavily on the Delhi Pollution Control Committee (DPCC), the Bench said: “Despite observations in the earlier order as well as repeated orders in a large number of cases, the DPCC seems to be avoiding its statutory responsibilities… and to cover up their inaction, is passing the order of imposition of fines on other statutory bodies, without any jurisdiction.”

“While the DPCC may take action on ‘polluter pays’ principle against polluting activities of any statutory body, it has no authority to recover compensation for alleged inaction by such statutory authorities,” the Bench stated.

Noting that a report furnished by the Delhi government on the action taken against illegal banquets and restaurants operating in Mahipalpur was “not exhaustive”, the green panel stated: “There is no comprehensive report about compliance of waste management rules. It is pertinent to note that the problem of solid waste management in Delhi is assuming serious proportions due to increasing population.”

“No compensation is shown to have been assessed for the illegal withdrawal of groundwater for swimming pools, except saying that unlicensed pools were closed or that a report about illegal borewells was sent,” the Bench noted.

The observations came on a plea seeking remedial action against illegal banquets that are allegedly causing air pollution in south-west Delhi.

“The policy for enforcement of environment norms for places where social gathering takes place is necessary on account of there already being a high level of air pollution. Such gatherings should not result in further deterioration of the situation,” said the NGT.

In both cases, the NGT has warned of “appropriate coercive measures” against authorities if the orders are not complied with.