SC sets aside NGT's 2013 order punishing mayor and commissioner of Bareilly Municipal Corporation

New Delhi, May 23 (PTI) The Supreme Court on Friday set aside an order of the National Green Tribunal (NGT) which punished the then mayor and commissioner of Bareilly Municipal Corporation with civil imprisonment till rising of the court for violating its directions.
     The NGT had in its October 2013 order punished the duo for violating its earlier order, which directed immediate closure of a solid waste management plant and restrained the civic body from dumping any further municipal waste.
     The tribunal had punished them with civil imprisonment till rising of the court along with a fine of Rs five lakh each.
     Besides them, the NGT had also imposed a fine of Rs one lakh per day on the municipal corporation for causing degradation to the environment and injury to public health for the period from May 28, 2013 to July 27, 2013.
     The apex court delivered its verdict on the appeals filed by the then mayor and commissioner as well as the municipal corporation.
     A bench of Justices Abhay S Oka and Augustine George Masih noted that the NGT's direction was to stop the dumping of municipal solid waste.
     "To prove the failure on the part of the appellant (then mayor) to comply with the direction, it must be established that it was the appellant who was responsible for dumping solid wastes at the site after prohibitory orders were passed by the NGT," the bench said.
     The top court said as it was not shown that the then mayor had the executive powers to direct the civic body to stop dumping on the site, it was impossible to record a finding that there was a failure on his part to comply with the NGT's orders.
     It referred to certain statements made by the then mayor in media about the matter.
     "Fourthly, making an allegation that the NGT had 'pre-decided' the issue amounts to scandalizing the NGT and fifthly, the appellant ought to have appreciated that the order of the NGT was for protecting the environment," the bench noted.
     He had tendered an unconditional apology for the utterances to the media, it said.
     The bench said that the NGT was rightly disturbed to see huge heaps of municipal solid waste lying at the site.
     It said that the NGT order directing the municipal corporation to pay Rs one lakh per day was "fully justified".
     Regarding the then commissioner, the bench said there was no finding recorded that there was a wilful default on his part.
     "Therefore, the sentence of imprisonment and penalty cannot be justified," it said.
     The bench allowed the appeal filed by the then mayor and set aside the NGT's directions passed against him.
     It also set aside the directions passed against the then commissioner.

(This story has not been edited by THE WEEK and is auto-generated from PTI)