A new report has found a significant gap between the National Green Tribunal’s (NGT) orders and their on-the-ground implementation in India’s coal-bearing regions. The analysis reveals that while the NGT has repeatedly mandated compensation and environmental restoration based on the principle of absolute liability, a lack of monitoring and weak regulatory enforcement have often prevented the money from reaching affected communities and delayed crucial clean-up efforts.
Restoration Mandates Often Unmet
The report highlights several cases where the NGT ordered mandatory environmental restoration. For example, in the Sonbhadra case, a committee was directed to plan repairs for damage caused by coal dumping. In the Mejia case, over ₹12 crore was set aside for restoration. However, the report notes that delays are common due to an absence of clear timelines and a lack of oversight from regulatory bodies. The NGT has emphasized that problems will persist without a thorough clean-up and environmental restoration, but this has proven difficult to enforce.
Key Recommendations for Effective Implementation
To bridge this gap, the report makes several key recommendations:
• Regular Monitoring: It calls for a systematic and regular monitoring system in coal-bearing areas to track changes in air and water quality, soil health, and biodiversity. This will help assess the effectiveness of NGT orders and hold regulatory authorities accountable.
• Community Involvement: The report strongly recommends involving affected communities in restoration committees. Their traditional knowledge and direct understanding of the impacts on their lives and livelihoods are crucial for effective clean-up and a just transition. The participation of civil society and independent experts is also vital.
• NGT Follow-Up: A unique recommendation suggests that the NGT could keep cases pending and require regulatory agencies to submit regular progress reports. This would ensure continued follow-up on action items, though the report acknowledges this could place a burden on the tribunal.
• Prioritizing Restoration and Health: The report urges the Union Ministry of Environment, Forest and Climate Change to make active restoration and clean-up a key mission in all areas with ongoing or past coal operations. Furthermore, health impact assessments should be mandatory in all large-scale coal operating areas to properly address the social and economic effects on local communities.
• Data-Driven Decisions: The report emphasizes the need for long-term studies and data collection to ensure that compensation and policymaking are based on a solid foundation, not just on one-time assessments.