NGT warns Odisha officials of prosecution over waste management lapses in Bargarh

The National Green Tribunal (NGT) Eastern Zone Bench, Kolkata, has issued notices to the State of Odisha, the Bargarh District Collector, and the municipal authorities of Bargarh town, seeking an explanation as to why prosecution should not be initiated against them for failing to comply with its 2023 directives on municipal waste management and for allowing continued pollution in the region.

The Bench, comprising Justice Sudhir Agarwal (Judicial Member) and Dr. Arun Kumar Verma (Expert Member), expressed strong dissatisfaction with what it termed the “lackadaisical approach” of the authorities. It observed that the repeated non-compliance could attract penal action under Section 26 of the NGT Act, 2010.

The matter stems from a petition filed by Ramakanta Rout, a resident of Bargarh, who alleged that land in Ward 15 of Bargarh Municipality was being used as an unscientific dumping ground. He further raised concerns about severe contamination of the Jeera River - a critical drinking water source for the town - due to untreated municipal waste discharge.

In its judgment dated March 23, 2023, the Tribunal had directed the State to deposit over ₹1.84 crore into an ESCROW account for environmental remediation. It also mandated the installation of five Sewage Treatment Plants (STPs) and completion of bio-mining of legacy waste by December 31, 2023. Additionally, the Amasranga waste facility was to be brought into compliance with environmental norms.

However, an inspection by the Odisha State Pollution Control Board (OSPCB) in January 2025, and a subsequent affidavit filed earlier this month, revealed substantial non-compliance. The report stated that the penalty amount had not been deposited, STPs remained uninstalled, and bio-mining was incomplete. Untreated sewage was continuing to pollute the Jeera River, and water samples from the river and nearby groundwater sources indicated contamination beyond permissible limits.

In an affidavit dated May 12, 2025, the District Collector of Bargarh cited progress, including the receipt of ₹1.21 crore for bio-mining and a revised proposal for a single wastewater treatment plant. However, the Tribunal found these claims inadequate, stating that the directions issued in 2023 had remained largely unimplemented even after more than two years.

The Bench has granted the respondents - namely the State of Odisha, the District Collector, and Bargarh Municipality - one month to show cause why prosecution should not be initiated under Section 26 of the NGT Act. This provision allows for imprisonment of up to three years, a fine of up to ₹10 crore, or both, for failure to comply with Tribunal orders.

Further, the Member Secretary of the OSPCB has been asked to explain why no penal action or environmental compensation has been imposed on the violators despite the documented breaches.

The matter is listed for the next hearing on July 28.

Shankar Pani, counsel for the petitioner, noted that it was a rare instance of the Tribunal contemplating prosecution against government functionaries for repeated defiance of its orders.

Published - May 29, 2025 08:53 pm IST