Daily Court Digest: Major environment orders (May 14, 2019)

Source:- downtoearth.org.in

Considerable change in Yamuna flood plain observed: NGT panel report

The National Green Tribunal (NGT) on May 9, 2019 received a report by the joint inspection team that investigated the demarcation of Yamuna river floodplain in Agra and the construction in it.

During inspection, the team found that area along flood plain had changed considerably owing to construction activity and some of the drains were blocked owing to human activity. The flood plain area at many of places has been significantly filled up. The team studied and mapped demarcated flood line in eight properties and found that many constructions fell within the flood line.

Plant trees, prepare action plan for Polavaram project: Committee tells NGT

The NGT on May 10, 2019 heard the issue of remedial steps against violation of environmental norms in construction of Indira Sagar Polavaram Multipurpose Project in Andhra Pradesh. A four-member committee submitted a report on the matter suggesting, among other things, afforestation on dumps to prevent air pollution and action plan be prepared on the feasibility of utilising the excavated material within the project area.

Another report furnished by the committee was to rectify the deficiencies pointed out by the tribunal. The committee indicated timelines extending up to June 30, 2019 and asked the project proponent to take further specified actions.

21 states/ UTs yet to submit action plan on treated waste water

NGT’s three-member bench of Justices Adarsh Kumar Goel, SP Wangdi and K Ramakrishnan on May 10, 2019 asked 21 states/Union Territories to submit their action plans on utilisation of treated waste water from sewage treatment plants by June 30, 2019. Failing this, coercive measures including compensation for loss to environment would be considered, said the bench.

The plans should include a monitoring mechanism in states for coordination with local bodies, which would be the responsibility of the chief secretaries of all states/UTs. Also, the matter has been connected with the rejuvenation of 351 river stretches.

MoHUA to provide funds to Himachal for solid waste processing plant

The Himachal Pradesh government had told NGT it needed funds from the Centre to set up solid waste processing plant to ensure waste is not dumped in river Beas.

This gave way to a conflict between the Ministry of Environment, Forests and Climate Change and the Ministry of Housing and Urban Affairs (MoHUA) on who will provide the funds. The tribunal had asked both ministries to hold a joint meeting, where the housing ministry approved the proposal to provide funds to Himachal under Swachh Bharat Mission.

Diesel buses older than 10 years can ply but with conditions: SC

After taking into consideration National Green Tribunal’s (NGT) order of July 27, 2018, the Supreme Court (SC) on May 10, 2019 allowed Sarvodaya Public School to ply diesel buses for the unexpired period of three years on the condition that they will not enter into the National Capital Territory (NCT) of Delhi. The SC also gave the Ministry of Road, Transport and Highways some more time to make a statement about the availability of environmental friendly modes of transport.

Illegal constructions in Bengaluru’s Kaikondarahalli Lake

On May 9, 2019, the NGT heard a petition, filed by the Mahadevpura Parisara Samrakshane Mattu Abhivrudhi Samiti, on violation of environment norms in the fragile buffer zone of Kaikondarahalli Lake at Bengaluru.

A joint committee report revealed illegal constructions affecting the environment, ecology and feeder canals of Kaikondarahalli Lake. The tribunal directed submission of a report within two months on the action taken and for that the Karnataka State Pollution Control Board has been asked to coordinate with Bruhat Bengaluru Mahanagara Palike and Bangalore Development Authority.

Banned Chinese nylon thread used for flying kites in Amritsar

The NGT on May 9, 2019 heard the case of the banned Chinese nylon thread being used for kite flying in Amritsar. The Tribunal directed the District Magistrate, Amritsar to look into the matter and take appropriate action in accordance with the law.

AYM Syntex asked to install night vision camera to monitor wastewater discharge

The issue of remedial action against discharge of untreated effluents in river Kotar in village Sayli in Silvasa, Dadar and Nagar Haveli by AYM Syntex Ltd. came up for hearing before the NGT on May 9, 2019.

The Dadar and Nagar Haveli Pollution Control Committee (DNHPCC) after going through the report submitted by the committee comprising Central Pollution Control Board (CPCB) and DNHPCC issued notice requiring to furnish appropriate reason for the generation of 5.68 MT of chemical sludge from wastewater treatment during the year 2018- 19, against the estimated quantity of 180 MT/year. It further directed for the installation of PTZ camera (night vision) to monitor any leakage or discharge from the pipelines (carrying raw effluent to ETP) running along the Kotar.

NGT directs MoEFCC to file report on eco-sensitive zone along Western Ghat

The National Green Tribunal (NGT) on May 7, 2019 heard an application filed before it on the finalisation of the notification on the eco-sensitive zone of the Western Ghat. The Tribunal noted that in the order of August 24, 2018 the matter was to be finalised within six months.

The NGT has directed the Ministry of Environment, Forest and Climate Change (MoEFCC) to furnish a report about the status of compliance of the orders within one month.

NGT restricts number of vehicles in Rohtang Pass

Reviewing the steps taken for maintaining the ecological balance of the Rohtang Pass in Himachal Pradesh, the NGT on May 6, 2019 said that steps should be taken expeditiously to restrict the number of vehicles. Keeping in view of the ensuing tourist season, the Tribunal said this was needed as the carrying capacity of the area was limited.

The status report filed by Himachal Pradesh mentioned that in principle, approval has been granted by the MoEFCC’s Regional Office in Dehradun for diversion of the forest land for the project of ropeway. Progress has also been indicated about setting up and upgradation of a sewage treatment plan (STP) at Manali and eco-friendly market at Marhi.

Effluent treatment plant at 12 public health facilities planned for Tripura: NGT

A status report filed by Tripura mentioning the steps taken for solid, plastic and bio-medical waste management came up for discussion before the  NGT on May 7, 2019. The report mentioned that Solid Waste Management Policy has been prepared by the Urban Development Department in October 2018 and that Rs 3.50 crores have been allocated for door-to-door solid waste collection and source segregation. Further, process has been initiated for setting up 12 effluent treatment plant (ETP) for pre-treatment of bio-medical waste.

The NGT said that a huge gap exists in the steps taken and the steps required to be taken in terms of the Solid Waste Management Rules 2016 and for ensuring sustainable development.

Finalise ‘deemed forest’ standard: SC to Uttarakhand

Finalising the criteria and standard to determine what constitutes “deemed forest” for the purpose of the Forest (Conservation) Act, 1980 for Uttarakhand came up for hearing before the Supreme Court (SC) on May 7, 2019.

In one of the previous hearings, the SC was informed that Uttarakhand had sent a draft criterion to MoEFCC and that it is lying with the Ministry since 2014. Now, it has come to the notice of the SC that “nothing concrete has been sent to the Ministry”.

The SC directed the state to send the necessary proposal within a period of six weeks to the MoEFCC, which, in turn, would have to investigate the said proposal and do the needful within a period of eight weeks thereafter.

NGT hears case of coal dust covering Chhenga Pahad

Raw coal transported by use of heavy trucks which are uncovered for the coal washery plant of ACB (India) Limited in Kanika village, Hemgir tehsil, in Odisha’s Sundargarh district has resulted in black coal dust settling along the route. The Chhenga Pahad Reserve Forest under Hemgir Forest Range, Sundergarh Forest Division has also been covered with coal dust affecting the health of the forest.

When these allegations came up for hearing before the NGT on May 6, 2019 and keeping in view the facts, the State Pollution Control Board (SPCB) and Sundergarh’s District Magistrate and the Divisional Forest Officer were directed to jointly inspect the area in question and verify on the correctness of the allegations and if found correct, take appropriate action in accordance with law to remedy the situation.

NGT asks to close Anurag City Centre in Chhatarpur, Madhya Pradesh

The bench of Justice Raghuvendra S. Rathore of the NGT on May 9, 2019 directed the District Collector and Superintendent of Police of Chhatarpur to close down the Anurag City Centre mall in Shanti Nagar, Chhatarpur, Madhya Pradesh immediately for not having consent to operate.