Supreme Court stays action ordered by NGT against Ghaziabad local body

The Supreme Court recently stayed a National Green Tribunal (NGT) order directing punitive action against a local body in Ghaziabad district for a non-functional sewage treatment plant [Executive Officer v Afsar Ali and anr]..However, a Bench of Justices Abhay S Oka, Ahsanuddin Amanullah and Augustine George Masih ordered that the interim environment compensation of ₹23.7 lakh that was imposed by the NGT on nagar panchayat of Dasna be deposited with the top court for the time being. "Issue notice returnable on 9th December, 2024. In the meanwhile, there will be stay of operation of paragraph 13 of the order dated 4th July, 2024 subject to condition of the appellant depositing the compensation amount in this Court on or before 2nd December, 2024," the Supreme Court ordered..The Bench was hearing appeals filed by the Dasna nagar panchayat's executive officer against NGT's order. The case concerned a sewage treatment plant that was to come up at a pond polluted by alleged dumping of garbage.The NGT found that the plant was not fully functional and imposed a penalty based on alleged violations of the Water (Prevention and Control of Pollution) Act. The local body told the Supreme Court that the plant was being completed despite genuine technical and financial obstacles faced by it. It was also pointed out that the panchayat has a very minimal role in approvals and establishing sewage treatment plants. But the tribunal failed to appreciate the efforts and systemic challenges being faced by the nagar panchayat and proceeded to impose the penalty, it was argued.It was further contended that the order under challenge violated the principle of natural justice and were a disproportionate measure. .The appeal raised the following questions of law:-Whether a judicial authority must ascertain a statutory duty of a particular officer or institution and breach of that duty thereafter before imposition of any penalty? -Whether imposition of environmental compensation is the only method of ensuring compliance of environmental norms? -Whether prosecution of officers can be directed to be ordered by the NGT without first ascertaining as to who is the main person responsible for the violation of environmental norms? -Whether Panchayats can be hauled up by Courts, when it actually plays a very minor role in decision making projects of the State?.The Court after hearing the panchayat proceeded to stay the punitive action..Advocates Sumeer Sodhi and Chaitanya Sharma appeared for the officer before the apex court..[Read order]