Daily Court Digest: Major environment orders (June 3, 2019)

Source:- downtoearth.org.in

Down To Earth brings you the top environmental cases heard in the Supreme Court, the high courts and the National Green Tribunal

Illegal dumping in Banganga river

The National Green Tribunal (NGT) on May 31, 2019 heard a case on illegal dumping of construction materials in Rajasthan’s Banganga river that is obstructing its flow. The case was filed by residents of Sikandra, a village in Dausa district. 

The tribunal had directed the district collector of Dausa and the Member Secretary of Rajasthan’s pollution control board (PCB) to take action under the provisions of the Air Act, 1981, and the Water Act, 1974, to stop the illegal activities, prosecute the polluters and recover compensation for damage caused to the environment.

The state PCB submitted a report cited stone cutting waste and slurry being generated and dumped into the river. 

Expressing dissatisfaction at the report submitted and action taken, the tribunal said it was hardly sufficient to meet the mandate of law. It further directed them to file a compliance report and to remain present in person to explain why proper action was not taken, at the next date of hearing.

Suraj Kund: Construction on forest land

Taking cognisance of the illegal construction on forest land at Suraj Kund, in Faridabad district, Uttar Pradesh, the NGT directed the Faridabad divisional commissioner to furnish a report.

The officer had informed the tribunal that some of the constructions had been demolished and compensatory afforestation charges levied.

On May 31, 2019, the tribunal expressed its dissatisfaction at the report and said that it was not clear whether necessary action has been taken on the ground for recovery of the compensation and for restoration of the area and directed a further action taken report to be furnished after two months.

Sand mining in Ken river 

The NGT on May 31, 2019 looked into the case of sand mining by Katyani Natural Resources in Uttar Pradesh’s Ken river, in violation of environmental clearance (EC) conditions.

The tribunal has asked a joint committee comprising representatives of the Uttar Pradesh PCB, the State Environment Impact Assessment Authority and the district magistrate of Banda to furnish a factual and action taken report in the matter within one month.

Plea to stop a hotel in Chamba

The NGT on May 31, 2019 heard an application filed by Janesh Mahajan alleging that construction of a hotel in cantonment area of Chamba district in Himachal Pradesh is in violation of municipal laws.

The tribunal directed the Himachal Pradesh state pollution control board (PCB), sub-district sub-divisional magistrateand district forest officer of Dalhousie and its municipal corporation to furnish a factual and action taken report.

Mining affects Bhiwani groundwater

The NGT on May 31, 2019 ordered a report on whether mining was affecting the groundwater and water ecology of Bhiwani district in Haryana. The application was filed by Paani Foundation in Haryana.

The tribunal directed the Central Pollution Control Board, Haryana PCB, State Environment Impact Assessment Authority and the district magistrate of Bhiwani to submit a report.