Nature's Trust: Developer's Plea Dismissed

The National Green Tribunal (NGT) has dismissed a real estate developer's appeal against an Rs 8.94 lakh environmental compensation. This penalty was imposed for allegedly discharging untreated sewage outside a housing society's premises. The NGT invoked the 'Doctrine of Public Trust' to highlight the state's non-negotiable duty to safeguard natural resources for the public.

The doctrine, rooted in Roman and English common law and supported by Supreme Court precedents, asserts that vital natural resources are held in trust by the state for public benefit. The NGT emphasized that environmental obligations cannot be diluted by contracts or convenience.

The case involved a developer who argued that responsibility for operating the sewage treatment plant had been transferred to the residents' society. However, the NGT found that the environmental violations occurred while the project was still under the developer's control, prior to a completion certificate dated August 9, 2024.

This ruling reinforces the principle that the state must regulate and maintain water bodies, ensuring they are free from pollution and encroachments. The 'polluter pays' principle was also discussed, with a caution that it should not lead to a 'right to pollute.' The tribunal stressed that polluters are liable not only for compensation but also for restoring the environment.