The Kochi Corporation and Kalamassery, Aluva, Angamaly, Thrikkakara and Thripunithura municipalities may be relieved from paying up the total environment compensation of ₹25.4 crore for their failure to comply with the provisions of the Solid Waste Management Rules, 2016, at the solid waste processing plant in Brahmapuram.
Instead, the environment compensation will be assessed for non-compliance from April this year onwards based on the population in each local body as suggested in an order dated July 3, 2020 by the Principal Bench of the National Green Tribunal (NGT). The compensation of ₹13.31 crore assessed by the Kerala State Pollution Control Board for the Kochi Corporation was for a duration of 618 days starting from November 22, 2018 to July 31, 2020.
The corresponding figures of ₹2.77 crore for Kalamassery, ₹1.72 crore for Aluva, ₹1.96 crore for Angamaly, ₹2.92 crore for Thrikkakara, and ₹2.72 crore for Thripunithura were arrived at based on the environment compensation for 480 days from April 9, 2019 to July 31, 2020.
A meeting convened by the Chief Secretary in Thiruvananthapuram on September 22 to discuss the follow-up action to be taken on the basis of the tribunal’s directives recommended that the compensation might be assessed based on the population criteria specified in the NGT’s order on July 3 and it might be deducted directly by the Finance Department from the account of the local bodies. The Kochi Corporation will have to pay ₹5 lakh per month from April onwards as per the formula while the five municipalities will have to pay 1 lakh only per month as environment compensation. The corporation’s assessment will be ₹25 lakh for non-compliance from April 1 to September 30 while it will be ₹5 lakh each for the five municipalities.
The continuing lack of clarity in estimating environment compensation for erring local bodies violating provisions of the Solid Waste Management Rules, 2016, saved them from paying up higher penalty.
On the Brahmapuram case, the Local Self-Government Department pointed out that it was advisable to go with the compensation regime fixed by the National Green Tribunal instead of the assessment procedure evolved by the Central Pollution Control Board. There was no definite provision for calculating the compensation and it could be challenged in legal forums by local bodies, whereas the compensation directed by the tribunal would be binding, it said.