Introduction:

The Principal Bench of the National Green Tribunal (NGT) addressed a pressing issue related to air pollution based on a news article titled “Feeling anxious? Toxic air could be to blame” from The Times of India. The case, titled In re: News item appearing in Times of India dated 10.10.2023, highlighted the potential link between air pollution and adverse health effects, including increased risks of depression, anxiety, and respiratory disorders. The bench, presided over by Justice Sudhir Agarwal and Dr. A. Senthil Vel, scrutinized the response of the Ministry of Environment, Forest and Climate Change (MoEFCC) and the Central Pollution Control Board (CPCB) concerning measures taken to combat air pollution.

Arguments of Both Sides:

The NGT found the MoEFCC’s response unsatisfactory when questioned about the steps taken to address air pollution. Counsel for MoEFCC failed to provide concrete actions taken, leading to the imposition of a fine of Rs.25,000 for the vague and irrelevant reply. Additionally, the Tribunal noted the admission by CPCB of various pollutants in the air without effective control measures. Furthermore, it flagged the diversion of environmental compensation funds by CPCB for unauthorized purposes, seeking an account of these funds and preventing further misuse.

Court’s Judgment:

Highlighting the gravity of the situation, the NGT emphasized the need to prevent the diversion of environmental compensation funds and demanded clarity on their utilization. The Tribunal granted a month to CPCB to ensure the appropriate use of funds and refrain from activities beyond its domain. While imposing a penalty on MoEFCC for the lack of clarity in their response, the case is adjourned until February 14, 2024, signifying the Tribunal’s intent to address the severe issue of air pollution.