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Supreme Court Upholds Rs 58.38 Crore Fine on Agra Nagar Nigam for Polluting Yamuna

The NGT had penalised the Agra Nagar Nigam for reportedly allowing untreated sewage to flow into the Yamuna River between February and December 2023

The Supreme Court on Monday dismissed an appeal by the Agra Nagar Nigam challenging a National Green Tribunal (NGT) order that imposed a Rs 58.38 crore environmental compensation on the civic body for failing to control pollution. 

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A bench comprising Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra rejected the civic body's appeal, remarking it had done "nothing" to mitigate the pollution and had instead "created hell" for the environment and residents. 

The NGT had penalised the Agra Nagar Nigam for reportedly allowing untreated sewage to flow into the Yamuna River between February and December 2023. 

The bench noted that the city's sewage treatment plants were not operating to their full potential, which contributed to the persistent pollution of the Yamuna. 

The NGT, in its April order, had directed Agra Nagar Nigam to deposit the Rs 58.38 crore fine with the Uttar Pradesh Pollution Control Board within three months, emphasising the need for accountability in cases of environmental damage. 

Following the order, the civic body moved the Supreme Court, seeking relief from paying the fine. 

The top court upheld the NGT’s penalty but struck down the tribunal’s observations regarding the potential liability of officials under the Prevention of Money Laundering Act (PMLA). 

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The NGT had previously commented on the lack of enforcement by authorities under the PMLA, stating that inaction had encouraged environmental violations to continue unchecked. 

"More than 11 years have passed since the 2013 amendment to the PMLA, yet the Enforcement Directorate has not taken action against violators of environmental laws included in the Act's Schedule A,” the tribunal noted in its order. 

The NGT emphasised that the inclusion of environmental violations under the PMLA indicated Parliament’s intent to treat such infractions as severe offences, but lax enforcement had undermined this legislative effort. 

The top court's decision reinforces the NGT's stance on holding civic bodies accountable for environmental degradation, especially concerning critical waterways like the Yamuna. 

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