NGT Orders

This section of at Enviro Annotations brings news on NGT Orders, Court Orders. NGT Orders 2023, NGT Orders 2024, Latest NGT Orders, What is NGT and its function? What is the purpose of NGT? Subscribe

13th Sept 2024 YouTube X LinkedIn

The National Green Tribunal (NGT) Eastern Zone Bench in Kolkata, under the bench of Justice B. Amit Sthalekar (Judicial Member) and Dr. Arun Kumar Verma (Expert Member), conducted a hearing regarding the alleged illegal transfer of forest land for industrial use in Odisha. The case, Dilip Kumar Pradhan & Anr. vs. State of Odisha & Ors., was heard on 11st September 2024.

The Applicants, represented by renowned Advocate Mr. Sankar Prasad Pani and his companion Advocate Mr. Ashutosh Padhy, claimed that the Odisha Industrial Infrastructure Development Corporation (IDCO) was involved in the illegal transfer of forest land in favor of industrial purposes without adhering to the Forest (Conservation) Act, 1980. The Applicants, residents of Village Kosala in Chhendipada, Angul District, Odisha, argued that they are directly affected by the lease granted to the project proponent, NALCO, by IDCO for industrial development and the establishment of a rehabilitation and resettlement colony.

According to the petitioners, IDCO requested the lease of government land measuring 54.20 acres (21.9360 hectares) in Village Kosala on 3rd November 2009, for setting up industries and an R&R Colony for NALCO. The land in question is contiguous to the Kosala Reserve Forest, which is home to various species of flora and fauna, including an elephant pathway. The Applicants submitted photographs indicating that the land resembles a forest area and that a signboard on the site mentions it as a "Cashew Plantation and Sal Forest" protected by the villagers.

The petitioners also highlighted that the land in question has historically been recorded as "Chhota Jungle" (forest type) until 1984 when its classification was altered to "Puratan Patita" (non-forest wasteland) following a mutation proceeding. They argued that since the land was classified as forest land at the time of the Forest (Conservation) Act's enactment on October 25, 1980, it cannot be put to non-forest use without the approval of the Central Government. The Applicants pointed to a clarification from the Revenue and Disaster Management Department of Odisha dated 24th October 2011, which supports their contention that the Forest (Conservation) Act, 1980 applies to any land recorded as a forest in the original records before October 25, 1980, regardless of its subsequent classification.

Upon hearing the arguments, the NGT ordered the issuance of notices to the Respondents, including the State of Odisha, the Ministry of Environment, Forests and Climate Change, and IDCO. The Tribunal directed all Respondents to file their counter-affidavits within four weeks. The matter has been listed for further hearing on 21st November 2024.

Key Points:

• Original Application No.187/2024/EZ in the matter of Dilip Kumar Pradhan & Anr versus State of Odisha & Ors. 

• The NGT is examining the alleged illegal transfer of forest land by IDCO in Odisha for industrial purposes.

• The Applicants claim that the land, classified as "Chhota Jungle" (forest), cannot be converted for non-forest use without the Central Government's approval.

• Notices issued to the Respondents, who must file their counter-affidavits within four weeks.

• Next Hearing on 21st November 2024.

The case highlights critical concerns over forest conservation and the potential misuse of land earmarked for industrial development, underscoring the importance of adhering to environmental laws and protecting wildlife habitats.

13th Sept 2024 YouTube X LinkedIn

The National Green Tribunal (NGT) Eastern Zone Bench in Kolkata conducted a hearing on an appeal filed by Sukanta Kumar Nayak, challenging the Environmental Clearance (EC) granted to Subarnarekha Port Private Limited for the extraction of stone metal from the Mirigini Stone Quarry-1 in Nilagiri, Balasore District, Odisha.

The appeal, heard by the bench comprising Justice B. Amit Sthalekar, Judicial Member, and Dr. Arun Kumar Verma, Expert Member, focused on the EC dated 25th June 2024, granted by the State Environment Impact Assessment Authority (SEIAA), Odisha, for the quarrying project. The clearance permits the extraction of 170,068 cubic meters per annum over an area of 2.55 hectares in Village Mirigini, with a total production capacity of 405,882 cubic meters over a five-year period.

Allegations Against the Environmental Clearance

Represented by Celebrated Counsel, Advocate Sankar Prasad Pani, accompanied with Advocate Ashutosh Padhy, the appellant raised several allegations against the EC granted to Subarnarekha Port Private Limited:

1. Violation of Eco-Sensitive Zone Guidelines: The appellant contended that the stone quarry is located near the eco-sensitive zone of Kuldhia Wildlife Sanctuary. A previous application filed by the appellant had been disposed of by the NGT on 4th March 2024, with a direction to SEIAA, Odisha, to consider the site specifications before granting any clearance. Despite this, the appellant claims that the SEIAA approved the project without adequately addressing these concerns.

2. Proximity to Residential Areas: The appellant argued that the quarry site is situated in a densely populated area. According to the appellant, there are 181 houses which fall within 500 meters of the proposed quarry. It is also noted that some houses are within 100 meters of the site, contradicting the Odisha State Pollution Control Board’s report which cited a distance of 140 meters.

3. Blasting and Forest Land Concerns: The appellant further alleged that the EC has been granted without any blasting permission, despite the fact that the extraction of such a large quantity of stone metal would necessitate blasting. The Divisional Forest Officer (DFO), Balasore, in a letter dated 10th June 2022, stated that the plot proposed for quarrying (Plot No. 572, Khata No. 453) is recorded as DLC Forest and Notified Village Forest under the Odisha Forest Act, 1972.

4. Impact on Tribal Communities and Wildlife: The appellant highlighted the absence of an approach road to the quarry site and the proximity of the quarry to tribal hamlets, including Dhada Sahi, Salabandha Hamlet, and Chaturi Sahi, which are likely to be affected by the quarrying activities. It was also pointed out that the Tenda Reserve Forest is within 1 kilometer of the proposed quarry, and the Kuldhia Wildlife Sanctuary is within a 675-meter radius, both of which are critical habitats for elephants. The appellant warned that blasting activities could severely impact local wildlife and the tribal population.

NGT's Decision

The NGT Kolkata Bench noted that the matter requires thorough consideration and issued notices to relevant Respondent Nos. 1, 4, 6, and 8, including the State Respondents, returnable within four weeks. The Bench has called for counter-affidavits from the respondents to be filed in the prescribed time.

The case has raised significant concerns about environmental protection, the rights of local communities, and wildlife conservation in the eco-sensitive regions of Odisha. The next hearing scheduled on 20th November 2024 is anticipated to delve deeper into the compliance of the project with environmental regulations and the impact assessments conducted by SEIAA, Odisha.

12th Sept 2024 YouTube X LinkedIn

The National Green Tribunal (NGT) Eastern Zone Bench, comprising Justice B. Amit Sthalekar, Judicial Member, and Dr. Arun Kumar Verma, Expert Member, has directed the Manipur government to expedite the process of declaring the Zeilad Wildlife Sanctuary in Tamenglong District. The decision came in response to a petition filed by Mathew Gonmei.

Hearing on the Original Application No.53/2024/EZ, the Green Court acknowledged the State Government's efforts to protect the area's biodiversity but noted the ongoing legal challenges and law and order issues hindering the final declaration. The Tribunal emphasized the importance of preserving the forest and its ecosystem in the meantime.

The NGT also directed the State Government to take immediate measures to prevent tree felling and protect the boundaries of the proposed sanctuary, citing the provisions of the Wildlife (Protection) Act, 1972, and the Environment (Protection) Act, 1986.

In its order issued today, the Tribunal directed the Manipur government to file an Action Taken Report by January 31, 2025, regarding the progress made in the declaration of the Zeilad Wildlife Sanctuary.

#Manipur #wildlife #zeiladwildlife

10th Sept 2024 YouTube X LinkedIn

The National Green Tribunal (NGT) Principal Bench, has taken suo moto cognizance of alleged environmental violations by Omaxe Limited in Lucknow. The case, registered as Original Application No. 836/2024, arises from a letter petition dated 30th October 2023, submitted by Sarita Dwivedi, a resident of Lucknow. The hearing was presided over by Justice Sudhir Agarwal, Judicial Member and Dr. Afroz Ahmad, Expert Member.

In the background of the case, the applicant, Sarita Dwivedi, alleged that Omaxe Limited, has encroached upon five natural ponds while developing a residential township named "Omaxe City" in the area of Aurangabad Khalsa and Ramaniya Estate near Eldeco, Shaheed Path, Lucknow. The complaint alleges that these ponds have been illegally converted into plots, parks, and roads, causing environmental damage. It is claimed that these actions were conducted in collusion with local authorities, who have failed to take necessary action despite being informed of these violations.

Based on the allegations, the NGT observed that a substantial question relating to the environment has arisen from the implementation of the enactments mentioned in Schedule I of the NGT Act, 2010. To verify the facts and assess the extent of the environmental violations, the Tribunal has constituted a Joint Committee comprising the District Magistrate of Lucknow, the Uttar Pradesh Pollution Control Board (UPPCB), and the Central Pollution Control Board (CPCB). The Central Pollution Control Board (CPCB) has been designated as the Nodal Agency to coordinate and ensure compliance with this order.

The Joint Committee is tasked with submitting a factual report within one month to the Registrar General of the NGT. The Committee's report should cover aspects such as verification of the alleged encroachment and conversion of natural ponds, compliance with the conditions of Environmental Clearance granted to Omaxe Limited, and compliance with the provisions of the Water (Prevention and Control of Pollution) Act, 1974, and the Air (Prevention and Control of Pollution) Act, 1981.

The Tribunal has also impleaded several parties as respondents in the case, including the State of Uttar Pradesh, through Additional Chief Secretary/Principal Secretary, Environment, Forest, and Climate Change, Lucknow; UPPCB, through its Member Secretary; CPCB, through its Member Secretary; Lucknow Development Authority, through its Vice Chairman; District Magistrate, Lucknow; and Omaxe Limited. Notices to to be served to all the respondents, who are required to file their responses within three weeks from the date of receipt of the notice.

The matter is scheduled for further consideration on 22nd October 2024. #omaxecity #OmaxeCityLucknow

10th Sept 2024 YouTube X LinkedIn

The National Green Tribunal (NGT) Western Zone Bench, comprising Justice Dinesh Kumar Singh (Judicial Member) and Dr. Vijay Kulkarni (Expert Member), admitted an application filed by the Govandi New Sangam Welfare Society. Hearing Original Application No.173/2024 (WZ) filed by the Society against the State of Maharashtra & Ors. on 6th September 2024, the Tribunal noted that the Society had provided detailed submissions for the period from 29th June 2018 to 2nd February 2023. During this period, Respondent No.5, SMS Envoclean Pvt. Ltd., was allegedly in continuous violation of environmental norms.

The applicant prayed that for this period, the Environmental Damage Compensation (EDC) amount be calculated by an Expert Committee and ordered to be levied from SMS Envoclean. The applicant further clarified that this is the sole relief sought in the present Original Application.

The Society also informed the NGT Bench that in PIL (L) No.33884 of 2022, the High Court of Bombay, in an order dated 11th September 2023, had directed the applicant to approach the Tribunal to seek the levy of EDC for past violations. 

According to a resident, in September 2023, the Bombay High Court mandated that the SMS Envoclean biomedical waste incinerator be relocated from Govandi Deonar to an industrial area within two years. The factory was also found to have violated environmental standards. Residents have installed air quality monitors and petitioned the Bombay High Court for 'Environmental Damage Compensation' in line with the "Polluter Pays Principle."

Following a hearing, the Bombay High Court ordered that the petition be transferred to the NGT by a writ of mandamus. The challenged final order led to the filing of a Public Interest Litigation in the Bombay High Court, which was subsequently dismissed.

The matter is scheduled for the next hearing on 12th November 2024. #govandi #biomedical

9th Sept 2024 YouTube X LinkedIn

The National Green Tribunal (NGT), Central Zone Bench, Bhopal, has taken up two critical environmental cases related to toxic gas leakage and illegal sand mining, both involving multiple casualties.

In Original Application No. 125/2023 (CZ), taken up suo motu following a news report in The Times of India on 31st August 2023 titled “5 die in toxic gas at MP factory,” the NGT reserved its order after hearing arguments. The case involves the Madhya Pradesh Pollution Control Board #MPPCB and other respondents concerning the death of five people due to a toxic gas leak at a factory in Madhya Pradesh. The bench, comprising Justice Sheo Kumar Singh, Judicial Member and Dr. Afroz Ahmad, Expert Member, heard the arguments from several counsels representing the respondents. The Bench has reserved the Order. 

In a separate case, Original Application No. 184/2024 (CZ), also taken up suo motu based on a news item titled “Jabalpur 3 die 3 injured while mining sand” published in The Times of India on 6th June 2024, the NGT addressed the issue of illegal sand mining near Jabalpur. This incident resulted in the death of three individuals and injuries to three others. During the hearing, it was noted that the MPPCB had submitted its reply, but other necessary parties had yet to file theirs. The Central Pollution Control Board (CPCB) was granted three more weeks to submit its response. The matter has been listed for further hearing on 27th November 2024.

The NGT continues to scrutinize both incidents, seeking accountability and adherence to environmental and safety regulations to prevent such tragedies in the future. For detailed reports subscribe/be a member

9th Sept 2024 YouTube X LinkedIn

The National Green Tribunal (NGT), Eastern Zone Bench, Kolkata, has directed the Divisional Railway Manager, Howrah Division, to submit a detailed action plan for implementing pollution control measures at #Dankuni Goods Shed, as per the recommendations of the Railway Board and the West Bengal Pollution Control Board.

During a hearing in Original Application No. 121/2024/EZ, the Tribunal noted that although the Railway Division's affidavit outlined a proposal for pollution control works with a tender completion date of 15th September 2024, it lacked details on the implementation of specific recommendations.

The NGT, comprising Justice B. Amit Sthalekar and Dr. Arun Kumar Verma, has given four weeks for the Railway Division to file the required plan and also granted the applicants time to file a rejoinder. The next hearing is scheduled for 29th November 2024. For detailed reports subscribe/be a member

8th Sept 2024 YouTube X LinkedIn

The National Green Tribunal (NGT) Western Zone Bench, comprising Justice Dinesh Kumar Singh (Judicial Member) and Dr. Vijay Kulkarni (Expert Member), has disposed of Appeal No. 32 of 2024 (WZ), filed by SHCHEM Corporation against the Gujarat Pollution Control Board (GPCB). The appeal contested the imposition of Environmental Damage Compensation (EDC) by GPCB. The hearing also addressed I.A. No. 87/2024, which sought a stay on the implementation of the impugned order.

SHCHEM Corporation had challenged the interim EDC of ₹53.15 lakh imposed by the GPCB, citing alleged non-compliance with closure directives. The appellant argued that the EDC amount was not finalized and requested a stay on the GPCB's order. On the other hand, the GPCB was represented by Advocate Mr. N.R. Mehta, who defended the imposition of the EDC as justified.

In compliance with an earlier order from the NGT, the GPCB conducted a personal hearing for the appellant giving SHCHEM Corporation an opportunity to present its case. After re-evaluating the matter, GPCB reaffirmed the EDC of ₹53.15 lakh. This amount was calculated after excluding a 77-day period (from 26th November 2020 to 12th February 2021) as a concession. The calculation was based on the Central Pollution Control Board’s (CPCB) guidelines for assessing environmental compensation, aligning with the NGT's directives.

During the hearing, the appellant's counsel expressed concerns that the GPCB's order referred to the EDC as an interim measure rather than a final determination. However, the counsel for the GPCB clarified that the EDC amount of ₹53.15 lakh is indeed the final figure, although this clarification was not explicitly mentioned in the order issued by the GPCB.

The NGT observed that, since the GPCB has now issued a final order on the EDC and provided the appellant with an opportunity for a hearing, the appeal concerning the interim EDC is rendered moot. The Tribunal disposed of the appeal, clarifying that the appellant retains the right to file a new appeal if aggrieved by the final EDC order.

Key Takeaways from the NGT's Decision:

• Finality of Environmental Compensation: The NGT clarified that the ₹53.15 lakh Environmental Damage Compensation (EDC) imposed by the GPCB on SHCHEM Corporation is now a final order. This resolves any ambiguity about whether the compensation was interim or final.

• Right to Appeal: The appellant, SHCHEM Corporation, retains the right to challenge the final EDC order if it believes there are grounds for further legal action. This underscores the importance of due process and the right to appeal in environmental compliance cases.

• Impact on Future Cases: This decision could serve as a precedent for similar cases where parties dispute the finality or amount of environmental compensation imposed by regulatory bodies. It highlights the necessity of clear communication and adherence to due process by both appellants and regulatory bodies.

7th Sept 2024 YouTube X LinkedIn

The Kerala High Court has resolved a Public Interest Litigation (PIL) requesting that draft notifications be translated into Malayalam, the official regional language of Kerala, and published on official government websites.

The petitioners had filed the PIL seeking directives for the Union of India and the Ministry of Environment, Forest, and Climate Change to extend the public notice period for filing objections to the draft notification. They requested an extension of two months from the date of publication of the Malayalam translation on the website. The petition also asked for the waiver of the requirement to submit documents in the vernacular language to ensure justice.

The Ministry of Environment, Forests, and Climate Change had issued a draft notification in English on August 2, 2024, inviting objections and suggestions on the proposal within a specified period, ending on October 1, 2024. The notification aims to encourage public participation in the review process of the Central Government's proposal.

The Senior Government Pleader argued that without a Malayalam version, the notification would be ineffective, referring to a 2020 judgment where the Court mandated the translation of such notifications into Malayalam. The Court recognized the validity of this argument, noting that publishing the notification in the local language is essential to ensure meaningful public participation.

The Deputy Solicitor General of India’s counsel stated that the State Government is responsible for providing an accurate translation of the notification and is prepared to do so.

Taking into account the facts and arguments, the Division Bench, comprising Acting Chief Justice A. Muhamed Mustaque and Justice S. Manu, issued the following directions:

• The third respondent (State Government) is to provide translated copies of the draft notification to the first respondent (Union of India) within two weeks from the receipt of the judgment copy.

• Upon receiving the translated version, the first respondent must publish it and provide a 60-day period for the public to raise objections and suggestions from the date of publication.

With these directions, the matter has been disposed of by the Court.

7th Sept 2024 YouTube X LinkedIn

There was a complaint before the National Green Tribunal (NGT) that a number of kilns operating in Gujri Bazaar are of Meerut. The operators are alleged to be using saw dust and wood as fuel for roasting groundnuts, grams, and murmure. The allegation was that the act causes emission of huge, polluted air and thereby causing air pollution. The complainants have stated that no action has been taken by Health Department or Pollution Control Board despites complaints made to them. The emission of polluted air is causing breathing problems to local residents. 

The NGT bench comprising Justice Sudhir Agarwal, Judicial Member and Dr. Afroz Ahmad. Expert Member found that such activities come within the mischief of Air (Prevention and Control of Pollution) Act, 1981. Restriction imposed under Section 21(1) of Air Act, 1981 talks of “industrial plant” and reads under “21[(1) Subject to the provisions of this section, no person shall, without the previous consent of the State Board, establish or operate any industrial plant in an air pollution control area: 

The Tribunal noted that the term "industrial plant," as defined under Section 2(k) of the Air Act, refers to any plant used for industrial or trade purposes that emits any air pollutant. However, there is no evidence to suggest that the small kilns involved in roasting groundnuts, grams, or murmure meet the criteria of an "industrial plant" under this definition.

Consequently, the NGT concluded that the case does not fall under its jurisdiction as outlined in Sections 14 and 15 of the NGT Act, 2010, since the Air Act, 1981, does not apply in this context. The Tribunal, therefore, dismissed the complaint.

4th Sept 2024 YouTube X LinkedIn

The National Green Tribunal (NGT) today issued a significant order in a case involving illegal mining activities in Jammu and Kashmir. In response to a complaint filed by Hassina Wajid, a local Sarpanch, the tribunal found that Dewan Stone Crusher and Shahzad Shabnam had engaged in illegal mining, causing significant environmental damage.

The NGT ordered the violators to pay an interim environmental compensation of Rs. 7,20,000. The final compensation amount will be determined by the Jammu and Kashmir Pollution Control Committee (JKPCC) within two months. Additionally, the tribunal directed the removal of the illegal mining units from the site within two months.

The NGT's decision highlights the importance of environmental compliance and the consequences of illegal mining activities. The tribunal emphasized the need for strict enforcement of environmental laws to protect the natural resources and ecosystems of the region.  This is a latest example of "Consequences of illegal mining UPSC".

22nd August 2024 YouTube X LinkedIn

On 19th August 2024, the National Green Tribunal (NGT) Southern Zone in Chennai pronounced a judgment in Original Application No. 124 of 2024 (SZ), filed by Aalayam Kaappom Foundation Limited., an NGO. 

The NGO, represented by its President Mr. P.R. Ramanan, sought to declare the Environmental Clearance (EC) dated 19th September 2022, granted to the Arulmigu Subramaniya Swamy Thirukoil temple, as illegal. However, it was not a matter of air pollution report. The application argued that the EC violated the Coastal Regulation Zone (CRZ) Notification, 2011, and requested the demolition of the already constructed structures.

The Tribunal was informed that a similar issue is being addressed in W.P (MD) No. 1086 of 2024 filed by Mr. B. Ramkumar Adityan. This writ petition seeks a mandamus to ensure that the temple authorities comply with the EC conditions and remove unauthorized constructions in CRZ-IA areas, which are designated as Archaeological and Heritage Sites under the CRZ Notification.

Given the overlap of issues with the ongoing High Court case, the NGT Bench comprising Justice Pushpa Sathyanarayana, Judicial Member and Dr. Satyagopal Korlapati, Expert Member decided not to proceed with the application and closed the case, advising the applicant to address the matter with the High Court if necessary.

20th August 2024 YouTube X LinkedIn

The National Green Tribunal (NGT) Principal Bench recently held a hearing on the Original Application No. 164/2024, filed by Delhi based Environmentalist Varun Gulati against the State of Haryana and other respondents, concerning the alleged environmental violations in construction projects at Panipat, Haryana. The bench, comprising Justice Prakash Shrivastava, Chairperson; Justice Arun Kumar Tyagi, Judicial Member; and Dr. A. Senthil Vel, Expert Member; reviewed the progress and findings related to the environmental concerns raised in the application.

Noted Environmentalist Varun Gulati has alleged that the construction projects developed by Ansal Properties and Infrastructure Pvt. Ltd. and Taneja Developer & Infrastructures Ltd., listed as Respondents No. 5 and 6, respectively, were operating without functional Sewage Treatment Plants (STPs) and were discharging untreated sewage into the green belt and nearby drains, thereby creating a significant health hazard.

In response to these allegations, the Tribunal had previously issued an order on 21st February 2024, constituting a Joint Committee to visit the site, ascertain the current situation, determine the extent of the violations by the respondents, and suggest remedial measures. The Tribunal had also issued notices to the respondents.

In compliance with the Tribunal's directions, the Joint Committee submitted its report on 28th May 2024. The report revealed several violations by the respondents. Specifically, it noted that Respondent No. 5, Ansal Properties & Infrastructure, was operating two projects: Sushant City, Phase-I, Panipat, and API Limited, Sushant City, Phase-II. Both projects were found to be operating without a valid Consent to Operate (CTO). While an STP was installed in Phase-I, it was not operational. Additionally, the two STPs in both projects lacked essential components, such as a flow meter and energy meter, and logbooks were not maintained. The Haryana State Pollution Control Board (HSPCB) had issued closure orders for both phases on 10th November 2022, restraining the registry of the sale deeds. Environmental Compensation of ₹1.79 crores was imposed on these projects for violating environmental norms.

Regarding Respondent No. 6, the report highlighted that the company had not obtained the required CTO. The STP with a capacity of 550 KLD, installed by Respondent No. 6, was non-operational, lacked a flow meter and energy meter, and did not maintain logbooks. The untreated effluent generated by the township was being discharged onto the green belt, vacant plots, and roads due to the absence of a functional treatment facility. The HSPCB had issued a closure order on 9th May 2022, restraining the registry of sale deeds related to the plots of the project, and a prosecution case had been filed against the directors of the project proponent. An environmental compensation of ₹5.47 crores had been recommended on 27th April 2024.

The Joint Committee made several recommendations to address these violations. It emphasized that both projects must obtain the CTO from the HSPCB under the Water Act, 1974, and Air Act, 1981. It also recommended that Ansal Properties & Infrastructure submit a plan for the installation and operation of a 2 MLD STP and obtain permission from the Haryana Shahari Vikas Pradhikaran (HSVP) for discharge into their master sewer line. The environmental compensation must be deposited within 30 days once the order is issued by the competent authority.

The committee further stressed that both units must maintain proper logbooks regarding freshwater consumption and wastewater treatment. TDI Infratech Ltd. was directed to provide an STP with a capacity of 4,720 KLD as per environmental clearance conditions and to ensure that no wastewater is disposed of without treatment. Until the STP is operational, TDI Infratech Ltd. must arrange for the treatment of their wastewater through agreements with nearby STPs operated by authorities such as the Public Health Engineering Department (PHED), Municipal Corporation (MC), or HSVP in Panipat.

During the hearing, Respondents No. 5 and 6 sought three weeks to file objections to the Joint Committee's report. The Tribunal granted this request and also allowed all other respondents to file their responses or objections if they wished. Additionally, the HSPCB informed the Tribunal that, following the Joint Committee's report, it had initiated action to enhance the environmental compensation against the violators.

7th August 2024 YouTube X LinkedIn

The National Green Tribunal (NGT) Southern Zone in Chennai has dismissed Original Application No. 77 of 2024, filed by Jerome, a resident of Karyanchavadi, Chennai, alleging noise pollution by a local temple.

The application, initially a letter petition, was transferred from the Principal Bench and concerned noise disturbances from the Angala Parameshwari Temple on Jakeir Hussain Street during the Aadi festival. The petitioner claimed that loudspeakers used during the festival caused significant noise pollution, affecting his one-year-old child and elderly parents. Though it is not a matter of air pollution report, noise pollution standards are linked with Air Act.

Upon review, the NGT established a Joint Committee, including representatives from the Tamil Nadu Pollution Control Board (TNPCB) and the District Collector, Chennai. The Committee conducted an inspection on June 7, 2024, finding no loudspeakers in use at the time. They confirmed that the temple had temporarily used box speakers during the Aadi festival in 2023, with police approval.

The Joint Committee instructed the temple administration to adhere to the Noise Pollution (Regulation and Control) Rules, 2000, which mandate sound levels not exceeding 55 dB during the day and 45 dB at night. The temple administration agreed to comply, and the petitioner's father indicated no further issues post-festival.

Despite the Committee's findings, the report noted that the complaint did not fall under Section 21 of the Air (Prevention and Control of Pollution) Act, 1981, as the temple is not an industrial plant requiring TNPCB consent. Instead, the Noise Pollution Rules define the procedure for addressing such grievances, involving authorities like the District Magistrate or Police Commissioner.

The Tribunal referenced a similar case (O.A. No. 65 of 2017) where it was determined that complaints of noise pollution should follow procedures outlined in the Noise Pollution Rules. Given that the matter was resolved amicably, the NGT decided to close the Original Application.

The Bench, comprising Justice Pushpa Sathyanarayana and Dr. Satyagopal Korlapati, emphasized that redressal should be sought through appropriate authorities per the Noise Pollution Rules. The Tribunal, noting the settlement facilitated by the TNPCB, formally disposed of the application.

7th August 2024 YouTube X LinkedIn

Today, on 7th August 2024, the Southern Zone Bench of the National Green Tribunal (NGT) in Chennai reviewed Review Application No. 07 of 2024 (SZ) related to Original Application No. 196 of 2021 (SZ). T.M. Umashankar sought a review of the Tribunal's order dated February 27, 2024, which had dismissed his application challenging environmental violations by the Karnataka Waste Management Project, operated by Ramky Enviro Engineers Ltd.

The review application requested reconsideration of the dismissal order. Under Rule 22 of the NGT Practice and Procedure Rules, 2011, the Tribunal opted to decide the matter on circulation, finding no need for a detailed hearing.

Umashankar had previously contested the establishment of the Treatment, Storage, and Disposal Facility (TSDF) through a 2007 writ petition and a 2016 petition transferred to the NGT, which resulted in O.A. No. 654 of 2019. The Principal Bench had dismissed the petition but directed the project proponent to secure Environmental Clearance. The Supreme Court also dismissed Umashankar’s appeal in 2020 but allowed him to pursue compensation.

Despite the Supreme Court’s decision and the grant of Environmental Clearance to the project, Umashankar's Original Application No. 196 of 2021 was dismissed with a cost of Rs. 1 lakh. In his review application, Umashankar argued that the previous order mischaracterized his case as a personal rivalry and challenged the cost imposition as unjust.

The Tribunal, however, found no new evidence or errors on the record that warranted review. It reaffirmed that review is reserved for correcting manifest errors or addressing new, significant facts, not for re-arguing cases. The Bench, consisting of Justice Pushpa Sathyanarayana and Dr. Satyagopal Korlapati, thus dismissed the review application.

In another hearing on Review Application No. 10 of 2023, a challenge to Original Application No. 100 of 2022 brought by Akula Satish against the State of Telangana and others, the Court delved into allegations of the Tribunal's undue reliance on submissions by Modi Builders & Realtors Pvt. Ltd., to the detriment of the official respondents' report. The dispute centered on the alleged encroachment of nine acres of land belonging to the notified lake, Visukavani Cheruvu.

The Tribunal, citing a wealth of precedent from the Supreme Court, affirmed the stringent standards for review applications. It held that such applications are typically limited to patent errors or newly discovered evidence. Finding the present application devoid of merit, the NGT Bench dismissed it outright.

7th August 2024 YouTube X LinkedIn

Today, the National Green Tribunal (NGT) has uploaded an Order passed by the Principal Bench on On 5th August 2024, The Bench of Justice Prakash Shrivastava, Chairperson, Justice Arun Kumar Tyagi, JM and Dr. A. Senthil Vel, EM took suo motu cognizance of a critical environmental issue highlighted in a recent news report. The report, published by The Hindu on 19th July 2024, detailed a significant and troubling trend of elephant deaths in Kerala, prompting immediate judicial intervention by the Tribunal.

The NGT's action follows revelations that between 2015 and 2023, Kerala experienced the deaths of 845 elephants, with a concerning rise in fatalities among younger individuals. The data points to a particularly severe impact on elephants under ten years old, with approximately 40% of these young deaths attributed to Elephant Endotheliotropic Herpesvirus-Haemorrhagic Disease (EEHV-HD). The report emphasizes that while larger herds offer a degree of immunity that improves survival rates against EEHV-HD, the current decline in herd size and health poses a grave concern.

The Tribunal noted that the escalating threats to the elephant population are multifaceted. Habitat shrinkage, climate change, invasive plant species, and other environmental stressors are exacerbating the situation. These factors contribute to a decline in population sizes, increased sensitivity to temperature fluctuations, and heightened susceptibility to diseases. The news article suggests that Kerala could benefit from adopting an Elephant Death Audit Framework (EDAF), akin to the system implemented in Tamil Nadu, to systematically investigate the causes of elephant deaths and formulate targeted conservation measures.

The NGT's suo motu cognizance of the issue raises serious questions about compliance with environmental regulations, particularly the Environment Protection Act of 1986 and the Biological Diversity Act of 2002. The Tribunal's involvement underscores the urgency of addressing these compliance issues to enhance the effectiveness of conservation efforts and safeguard the remaining elephant populations.

In response to the report, the Tribunal has directed that notices be issued to key respondents, including the Ministry of Environment, Forest & Climate Change, the Principal Chief Conservator of Forest in Kerala, and the Chief Wildlife Warden in Kerala. The Tribunal has instructed these bodies to provide detailed responses regarding the current measures in place and their plans for addressing the crisis.

Advocates representing the Principal Chief Conservator of Forest and Chief Wildlife Warden have requested a four-week extension to file their responses. The Ministry of Environment has also been directed to submit a response ahead of the next hearing. Given the gravity of the situation, the Tribunal has decided to transfer the case to the Southern Zonal Bench in Chennai for further examination.

The next hearing is scheduled for 30th September 2024, at the Southern Zonal Bench, where the Tribunal will review the responses and continue its efforts to ensure effective conservation strategies are implemented to protect Kerala's elephant population. The case file is to be transferred to the Chennai Bench for further proceedings.

5th August 2024 YouTube X LinkedIn

Today, the National Green Tribunal (NGT) published an order dated 3rd August 2024, issued by the Bench of Justice Sudhir Agarwal, Judicial Member, and Dr. Afroz Ahmad, Expert Member, in the case of Deepank Kumar Sharma versus the Ministry of Environment, Forest, and Climate Change (OA No.272/2024). The Bench convened to review Interlocutory Application No. 350/2024, which addressed concerns regarding the non-communication of information from the Tribunal's Registry. This lapse had previously led to non-compliance with earlier orders, prompting the Divisional Forest Officer, Bijnor, to request the recall of the non-bailable warrant issued on 5th July 2024. 

The NGT has suspended the July 5 order concerning the non-bailable warrant but mandated that the Divisional Forest Officer appear in person on 6th August 2024. Failure to do so may result in further legal action.

On 31st May 2024, bailable warrants were issued to the Divisional Forest Officer of the Bijnor Moradabad Circle, with instructions for execution through the Station House Officer (SHO) of the relevant area. Despite a letter sent on 15th June 2024, to the Senior Superintendent of Police in Moradabad requesting action, no report has been received, nor has it been confirmed whether the bailable warrant was executed. 

Additionally, there was a delay of 15 days in forwarding the warrant for execution, which was erroneously sent to the Senior Superintendent of Police in Moradabad instead of Bijnor. The officer responsible for this error has been called upon to explain the non-compliance and the possibility of departmental action. The Divisional Forest Officer's continued absence has led to the issuance of a non-bailable warrant under Section 19(4)(a) of the National Green Act, 2010, and relevant provisions of the CPC, 1908. The Superintendent of Police, Bijnor, is now required to ensure the execution of this non-bailable warrant to guarantee the Divisional Forest Officer's presence before the Tribunal on 6th August 2024.

1st August 2024 YouTube X LinkedIn

The National Green Tribunal's Eastern Zone Bench, Kolkata, has taken a crucial step towards addressing the grievances of the victims of the Baghjan Oil Well blowout and fire incident in Assam. The bench, presided over by Justice B. Amit Sthalekar, JM and Dr. Arun Kumar Verma, EM, has revived the Original Application No. 44/2020/EZ filed by the Wildlife and Environment Conservation Organization.

The original application was initiated by the applicant organization on behalf of villagers affected by the catastrophic blowout and subsequent fire at the Baghjan Oil Well in Tinsukia district, Assam, which occurred on 27th May 2020, and 9th June 2020, respectively. The incident resulted in substantial loss of life, property, and livelihood for over 1300 families from Motapung and Baghjan villages. The Tribunal's initial final order on 19th February 2021, was contested by the applicants in the Supreme Court, leading to a directive for reassessment and reconstitution of the Expert Committee.

The Tribunal has accepted the Miscellaneous Application No. 31/2024/EZ, seeking the restoration of the Original Application No. 44/2020/EZ. The primary objective is to ensure proper identification and compensation disbursement to the affected families.

Following the Supreme Court's remittance on 23rd January 2023, and subsequent orders on 3rd July 2023, the case has been referred back to the Tribunal, emphasizing the need for accurate damage assessment and compensation allocation.

The Tribunal noted that no further matters are pending before the Supreme Court concerning the Baghjan incident. The next hearing for related cases, including the one filed by Banani Kakkar, is scheduled for 5th September2024.

Chaitanyashil Priyadarshi, representing the applicant organization, highlighted the inadequate compensation received by the affected families. He pointed out that villagers from Baghjan received a one-time compensation of Rs. 25,000, while those from Motapung received Rs. 15,000, disregarding the full extent of their losses, including livelihood, livestock, crops, and property damage.

The Tribunal has instructed all parties to ensure that pleadings and affidavits are completed and exchanged at least a week before the next scheduled hearing on 5th September 2024. Additionally, the Tribunal mandated that the copies of the Original Application and all affidavits be collected from its office.

29th July 2024 YouTube X LinkedIn

The National Green Tribunal (NGT) Central Zone Bench, Bhopal, held a hearing on 26th July 2024 regarding the tragic bus accident that resulted in 12 deaths and 14 injuries. The incident, which took place on 9 April 2024, involved a bus carrying over 30 employees of Kediya Distilleries that skidded off the road and fell into an unguarded 40-feet deep murum soil mine pit in Kumhari, Durg district, Chhattisgarh. The NGT took Suo Moto cognizance of the accident based on a news item published in 'The Hindu' on 10 April 2024.

The bus accident prompted the NGT Principal Bench at New Delhi to initiate the case. The hearing was presided over by Justice Sheo Kumar Singh, Judicial Member, and Dr. Afroz Ahmad, Expert Member.

The Chhattisgarh Environment Conservation Board (CECB) updated the NGT on the steps taken, which included Compensation of ₹10,00,000 (Rupees Ten Lakhs) paid to each of the deceased workers' families by Kediya Distilleries. The Tribunal directed that, upon identifying the person(s) responsible for leaving the pit unguarded, appropriate actions, including the imposition of environmental compensation, should be taken. The CECB was instructed to submit a detailed report. With relevant observations, the NGT disposed of Original Application No. 99/2024. 

27th July 2024 YouTube X LinkedIn

The National Green Tribunal (NGT) Western Zone Bench, Pune, convened a hearing regarding the ongoing case on wetland protection in the Vasai-Virar region. The session was presided over by Justice Dinesh Kumar Singh, Judicial Member and Dr. Vijay Kulkarni, Expert Member, in which various motions and requests from the involved parties were addressed. The session focused on several motions, including requests for 24/7 monitoring of illegal dumping and the formation of a Special Investigation Team (SIT).

The applicant highlighted ongoing debris dumping and sought an expedited hearing. However, the Tribunal noted that urgency was not formally requested in the original application. The applicant was allowed to withdraw a specific application to amend and refile it, with the condition of serving copies to all parties for objections.

The Tribunal granted a three-week extension for filing a Joint Committee report due to delays in obtaining necessary information. There was also a noted non-compliance from certain forest officials who failed to appear or file required documents.

The next hearing is scheduled for 23rd October 2024. 

26th July 2024 YouTube X LinkedIn

The National Green Tribunal (NGT) Eastern Zone Bench in Kolkata conducted a hearing on July 25, 2024, for the Original Application No.145/2024/EZ filed by Sapan Kumar Ghosh against the State of Odisha and others. The case concerns allegations of ammonia gas leakage from a cold storage unit in Ward No.25, Palbani, District-Mayurbhanj, posing a threat to public safety.

The applicant, represented by Advocate Sankar Prasad Pani and Advocate Ashutosh Padhy (virtually), highlighted a public complaint made on April 17, 2023, to the Director of Factories & Boilers about the gas leakage. Subsequent inspection by the Assistant Director of Factories & Boilers, Keonjhar Zone, revealed several safety deficiencies at the cold storage operated by Respondent No.5.

The inspection identified critical issues, including the absence of testing and certification for the ammonia receiver and pipelines, lack of color coding and flow direction markings, missing sensors and safety equipment, inadequately trained workers, and improper safety measures for handling toxic ammonia gas. Additionally, the inspection found the absence of a Material Safety Data Sheet for ammonia, inadequate housekeeping, and missing safety measures such as rubber mats below electric panels.

The Tribunal noted that information regarding the Consent to Establish (CTE) and Consent to Operate (CTO) for the cold storage was unavailable, necessitating further investigation.

The NGT issued notices to the respondents, requiring them to respond within four weeks. Ms. Samapika Mishra and Mr. Dipanjan Ghosh, present in court, accepted notices on behalf of the State of Odisha and the Odisha State Pollution Control Board, respectively. A notice was also issued to Respondent No.5.

To address the allegations, the tribunal constituted a committee comprising a Senior Scientist from the West Bengal Pollution Control Board, the District Magistrate of Mayurbhanj or an Additional District Magistrate, and a representative from the Factories & Boilers, Odisha. The committee is tasked with visiting the site and submitting a factual and action taken report.

The District Magistrate of Mayurbhanj will act as the nodal body for logistical purposes and file the committee's inspection report. The applicant is instructed to serve electronic copies of the application and annexures to the respondents' counsel within 48 hours and file an affidavit of service.

The next hearing is scheduled for August 27, 2024.

26th July 2024 YouTube X LinkedIn

The National Green Tribunal Eastern Zone Bench has allowed 10 days for the State Environment Impact Assessment Authority (SEIAA), Odisha, to file the Inspection Report in the matter of Sanjib Dhal & Ors. versus State of Odisha & Ors., Original Application No. 100/2024/EZ. The Bench, comprising Justice B. Amit Sthalekar, Judicial Member, and Dr. Arun Kumar Verma, Expert Member, conducted a hearing on the matter on 25th July 2024. The Original Application No. 100/2024/EZ was filed by four applicants represented by Advocate Sankar Prasad Pani, with Advocate Ashutosh Padhy also assisting in the matter.

The applicants, stated to be residents of Nihalprasad village under Gondia Tahasil of Dhenkanal District in Odisha, are aggrieved by the alleged illegal blasting, excess mining, and clearing of vegetation by the Tolarpasi Road Metal Quarry (black stone quarry). It is stated that Environmental Clearance was granted to the Tolarpasi Road Metal Quarry on 18.10.2021 for an annual production capacity of 20,034 cubic meters over a land area of 12.25 acres.

It is alleged that the mining company does not have a blasting permit for quarrying and is extracting quantities far beyond the approved capacity outlined in the Environmental Clearance. Consequently, the mining company is operating the quarry in violation of the conditions stipulated in the Environmental Clearance. Further allegations include the transportation of nearly 200 trips of stone-loaded vehicles on the RD Road, which is not capable of handling such heavy traffic, affecting people in six panchayats. This is also said to be in violation of three Environmental Clearance conditions.

Additionally, it is claimed that the quarry depth exceeds the permitted 6 meters, reaching more than 20 meters, violating three Environmental Clearance conditions. The operator is also accused of extracting groundwater from a borewell without permission from the Central Ground Water Authority (CGWA), violating Environmental Clearance as well as groundwater regulations. Moreover, there are allegations of illegal blasting contrary to the Consent to Operate, absence of a green belt around the quarry, and dust from the quarry operation affecting adjoining agricultural fields. 

The matter shall be taken up for further hearing on 16th August 2024.

17th July 2024 YouTube X LinkedIn

The National Green Tribunal (Southern Zone) today dismissed Review Application No. 17 of 2023 (SZ) filed by G. Ramalingam against Indian Oil Corporation Limited and others, seeking to challenge the order passed on November 1, 2023. The original application, No. 166 of 2023(SZ), was brought under Sections 18 and 14 of the National Green Tribunal Act, 2010.

In the review proceedings, Ramalingam argued that the original dismissal order contained an error apparent on the face of the record, citing certain legal precedents not considered in the judgment. The original application had sought the permanent closure and removal of a petrol pump established near Sri Vinayaka Public School, alleging it was within prohibited distance from the school.

Justice Pushpa Sathyanarayana and Dr. Satyagopal Korlapati, presiding over the case, observed that the application was dismissed previously on grounds of limitation, as the petrol pump had commenced operations on November 27, 2022, well within the applicant's knowledge. Despite sending legal notices, Mr. Ramalingam did not pursue the matter actively, leading to the application being filed nearly 10 months after the pump's inauguration.

The Tribunal further clarified that a review cannot substitute its original decision unless there is a manifest error or miscarriage of justice evident on the face of the record. It emphasized that mere disagreement with the decision does not warrant a review and must not be treated as an appeal. The review application failed to demonstrate any such error and hence was dismissed.

17th July 2024 YouTube X LinkedIn

Illegal sand mining is a pervasive problem, often involving influential individuals and those with criminal backgrounds who collude to exploit natural resources. This illicit activity has led to numerous reports of irregularities, with a plethora of news stories highlighting the extent of the issue. Hundreds of court cases are currently in progress, reflecting the widespread and ongoing nature of these illegal operations.

Environmental activists, who risk their lives to raise awareness and combat these illegal activities, continue to be at the forefront of this battle. The latest case, deliberated by the National Green Tribunal (NGT) Eastern Zone Bench in Kolkata, involves allegations of illegal sand mining in the Mahanadi River, linked to the Ambavona Police Station in Bargarh District, Odisha.

The National Green Tribunal's (NGT) Eastern Zone Bench in Kolkata conducted a hearing on July 16, 2024, to address allegations of illegal sand mining in the Mahanadi River at Chikhili in the Ambavona Tahasil of Bargarh District, Odisha. The Original Application No. 140/2024/EZ was filed by Fakir Mohan Patel against the State of Odisha and others. The applicant was represented by eminent Advocate Sankar Prasad Pani, who was also assisted  by Advocate Ashutosh Padhy.

Allegations and Initial Findings:

The application revealed that on June 9, 2024, a raid was conducted by the Mining Officer of Bargarh, along with a Mining Squad and the Ambavona Police, targeting the sand stock of a private individual. This raid resulted in the penalization for 1,000 cubic meters of sand, with the respondent fined Rs. 2,10,000 on June 11, 2024.

Further allegations stated that on June 22, 2024, the Mining Officer discovered an additional substantial sand stock of approximately 8,688 cubic meters in the presence of Rohit Patel, the father of the respondent. Despite requests to inspect three more sites, the Mining Officer did not proceed, citing jurisdictional limitations as one site was in Jharsuguda District.

Photographs dated June 8, June 20, and June 22, 2024, illustrated ongoing sand mining operations and vehicular transportation of sand despite prior raids. It was alleged that the respondent had illegally mined around 2 lakh cubic meters of sand, causing an estimated loss of Rs. 10 crores to the state exchequer. Additionally, the region is prone to flooding, with severe flooding recorded in 2022. Satellite images dated January 25, 2024, depicted the use of suction pumps on boats for sand extraction.

Tribunal's Directives:

Acknowledging the gravity of the allegations, the Tribunal's Bench of Justice B. Amit Sthalekar, Judicial Member and Dr. Arun Kumar Verma, Expert Member, issued notices to all respondents, including the State Respondents. The Central Pollution Control Board, initially listed as Respondent No. 7, was removed from the proceedings at the request of the applicant's counsel. All respondents are required to file their counter-affidavits within four weeks.

Furthermore, a committee comprising a Senior Scientist from the Odisha State Pollution Control Board, the Mining Officer of Bargarh, and the District Collector of Bargarh was constituted to inspect the site and submit a fact-finding report within four weeks. The District Collector of Bargarh will serve as the nodal officer for logistics and the submission of the committee's report.

The matter is scheduled for the next hearing on August 30, 2024.

16th July 2024 YouTube X LinkedIn

The National Green Tribunal (NGT) convened to deliberate on three crucial matters listed on suo-motu grounds, addressing significant environmental and public safety issues.

Illegal Coal Mining Tragedy in Gujarat

The first matter, based on a news item titled "Three die of asphyxiation at illegal coal mine in Gujarat" published in The Hindu on July 15, 2024, was disposed of by the NGT. The incident involved the death of three laborers due to asphyxiation inside an illegal coal mine in Surendranagar district, Gujarat. The Principal Bench noted that this was the fourth such incident reported in the past year, resulting in a total of 10 fatalities while digging for low-grade coal. The coal extracted from these illegal mines fuels factories within the state and beyond.

The report highlighted that the deceased workers were not provided with essential safety gear, exacerbating the hazardous working conditions. Illegal mining in Surendranagar has proliferated, creating a death trap for impoverished workers who earn a meager ₹500-₹700 daily. These workers extract coal from pits 80 to 100 feet deep using illegal blasting methods without helmets, gloves, or protective clothing. In the past six months alone, around 20 laborers have perished in these dangerous mines, with minimal action from authorities to curb this activity.

The coram, comprising Justice Prakash Shrivastava (Chairperson), Justice Arun Kumar Tyagi (Judicial Member), and Dr. A. Senthil Vel (Expert Member), noted violations of the Public Liability Insurance Act, 1991, and the Environment Protection Act, 1986. They impleaded the Central Pollution Control Board, Gujarat State Pollution Control Board, Integrated Regional Office (Gandhinagar) of the Ministry of Environment, Forest and Climate Change, and the District Magistrate of Surendranagar. The matter will be further addressed at the Western Zonal Bench of the Tribunal on September 17, 2024.

Explosion at Illegal Firecracker Godown in Uttar Pradesh

The second matter, based on a news item in India Today dated June 14, 2023, titled "2 minors among 4 killed as explosion rocks illegal firecracker godown in UP; owners held," involved a tragic explosion at an illegal firecracker godown in Sambhal district, Uttar Pradesh. The NGT, recognizing the violation of safety norms and the need for compensation to the victims' families, had previously impleaded parties such as the Member Secretary of the Uttar Pradesh Pollution Control Board, District Magistrate of Sambhal, Joint Chief Controller of Explosives (PESO) in Agra, and the ADG of the State Disaster Response Force, Uttar Pradesh. Only the Joint Chief Controller of Explosives, Agra was represented in the hearing.

On April 5, 2024, the Tribunal had also impleaded industry proponent Shabeer Ali, the State of Uttar Pradesh through the Municipal Secretary, Environment, and the Chief Controller of Explosives, Uttar Pradesh. Notices were issued to these parties, and further directions were given for the District Magistrate of Sambhal to be present virtually. The matter is scheduled for further hearing on October 3, 2024.

Misuse of Groundwater in Noida

The third matter, concerning the misuse of groundwater by the Noida Authority, was taken up based on a news item in the Hindustan Times dated June 11, 2024. An activist alleged that despite directions to use treated wastewater for irrigation in city parks, green belts, and other green covers, groundwater was being used instead. This violation was specifically noted in Sectors 74, 75, 116, and 117.

The NGT Principal Bench has impleaded the Uttar Pradesh Pollution Control Board, Noida Authority, and the District Magistrate of Noida. The matter is set for further hearing on October 16, 2024.

15th July 2024 YouTube X LinkedIn

In the ongoing case of EA 22/2023, JAGDEV versus the Lieutenant Governor of Delhi & Ors., the Delhi Development Authority (DDA) has submitted a comprehensive compilation of judgments related to the preservation of the Yamuna flood plains to the National Green Tribunal (NGT), Principal Bench, New Delhi.

Background of the Case: The case, filed by petitioner Jagdev, addresses concerns about the environmental management and preservation of the Yamuna flood plains. The petitioner has sought judicial intervention to ensure that these ecologically sensitive areas are protected from degradation and encroachment.

Compilation of Judgments: The compilation, submitted by DDA, includes a series of significant judgments and orders passed by the Hon’ble High Court of Delhi and the Hon’ble National Green Tribunal. This collection provides a detailed legal framework and precedents regarding the protection of the Yamuna flood plains. Key judgments included in the compilation are:

• Judgment dated 03-04-2013 in WP(C) 2029/2013: “Haq through its Member Abdul Shakeel vs DDA & Anr.” by the High Court of Delhi.

• Judgment dated 13-01-2015 in OA No. 6/2012: “Manoj Mishra versus Union of India & Ors.” by the National Green Tribunal.

• Judgment dated 07-02-2017 in OA No. 6/2012: “Manoj Mishra versus Union of India & Ors.” by the National Green Tribunal.

• Judgment dated 31-01-2018 in LPA 479/2013: “Sunil Kumar Ors. vs. DDA through VC” by the High Court of Delhi.

• Order dated 09-10-2018 in WP(C) 9342/2018: “Uday Raj & Ors. vs. Govt. of NCT of Delhi & Ors.” by the High Court of Delhi.

• Judgment dated 11-09-2019 in OA No. 6/2012: “Manoj Mishra versus Union of India & Ors.” by the National Green Tribunal.

• Judgment dated 03-01-2020 in OA No. 6/2012: “Manoj Mishra versus Union of India & Ors.” by the National Green Tribunal.

• Judgment dated 07-10-2020 in LPA 276/2020: “Shakil Ahmed & Anr. vs Delhi Development Authority” by the High Court of Delhi.

• Judgment dated 27-01-2021 in OA No. 6/2012: “Manoj Mishra versus Union of India & Ors.” by the National Green Tribunal.

• Judgment dated 01-02-2022 in WP(Crl) 2035/2020: “Yamuna Bank Kishan Bachao Morcha vs. State Of NCT of Delhi & Ors.” by the High Court of Delhi.

• Judgment dated 08-03-2022 in WP(C) 12/2019: “Shri Roshan Lal vs DDA” by the High Court of Delhi.

• Judgment dated 02-08-2022 in WP(C) 6779/2021: “Shakarpur Slum Union Vs DDA” by the High Court of Delhi.

• Judgment and Order dated 15-03-2023 in WP(C) 11871/2022: “Randheer & Ors. Vs. Commissioner of Police & Ors.” by the High Court of Delhi.

• Judgment dated 27-03-2023 in WP(C) 5214/2018: “Bela Estate Mazdoor Basti Samiti vs. Delhi Urban Shelter Improvement Board & Ors.” by the High Court of Delhi.

• Order dated 11-10-2023 in WP(C) 11871/2022: “Randheer & Ors. Vs. Commissioner of Police & Ors.” by the High Court of Delhi.

• Judgment dated 08-04-2024 in WP(C) 7594/2018: “Court on its own motion vs Union of India & Ors.” by the High Court of Delhi.

• Judgment dated 27-05-2024 in WP(C) 1980/2023: “Paras Ram Dangal Society vs Estate Officer -IV DDA & Anr.” by the High Court of Delhi.

• Judgment dated 29-05-2024 in WP(C) 12817/2023: “Prachin Shiv Avam Akhada Samiti vs DDA & Ors.” by the High Court of Delhi.

• Judgment dated 31-05-2024 in WP(C) 2377/2023: “Mahant Shri Nagababa Bhola Giri vs SDM & DDA” by the High Court of Delhi.

This compilation of judgments serves as an essential reference for understanding the legal stance on preserving the Yamuna flood plains. It highlights the consistent efforts by the judiciary to protect these areas and provides a legal basis for future actions and policies.

Next Steps:  The NGT is expected to consider these judgments in its proceedings and decisions related to the ongoing case. The preservation of the Yamuna flood plains remains a critical environmental issue, and the tribunal's rulings will be pivotal in ensuring their protection.

9th July 2024 YouTube X LinkedIn

The National Green Tribunal (NGT) Eastern Zone Bench has noted a clear finding of Hexavalent Chromium contamination in the groundwater of different regions of Sukinda Valley and the surrounding area. In Original Application No.73/2024/EZ, titled "Mantu Das versus State of Odisha," the NGT took up a suo motu case based on a complaint letter submitted by the Applicant. The letter alleged severe water pollution leading to kidney-related deaths in the Kaliapani area of Jajpur District, Odisha. The Kaliapani area, known for Chromite mining, falls under Sukinda Tehsil. It was also alleged that 10-15 deaths were reported due to the consumption of contaminated groundwater with high toxicity levels from Iron, Chromite, Total Coliform, and Fecal Coliform.

The NGT constituted a joint committee comprising a Senior Scientist of the Central Pollution Control Board (CPCB), a Senior Scientist of the Odisha State Pollution Control Board (OSPCB), a Senior Officer of the Central Ground Water Board (CGWB), and the Collector & District Magistrate of Jajpur or their representative not below the rank of Additional District Magistrate to verify the allegations. An inspection of 11 mines in the Sukinda Valley was conducted on April 30, 2024.

The committee reported that the deposit of Chromite mineral and its mining might cause the leaching of Chromium content into the water through weathering. Therefore, utmost care should be taken to ensure the conversion of the toxic form of Chromium to its non-toxic trivalent form before it reaches surface water or the groundwater table. Dhamsala Nalla is the main discharge area of treated effluent from mining industries in Sukinda Valley. The analysis report of OSPCB, dated April 6, 2024, reveals that the range of hexavalent Chromium at nine sampling points was 0.011 to 0.032 mg/L. The joint committee compared the results with the permissible limit of 0.05 mg/L specified in Drinking Water Standards.

The OSPCB report, based on monitoring in March 2024, indicates that the range of total Chromium in groundwater was 0.015 to 0.117 mg/L, with the maximum concentration reported in Saruabil mines.

The committee report states that the extent of groundwater contamination in different regions of Sukinda Valley and the surrounding area is a matter for further investigation by a competent agency. This, surprisingly, shows the understanding of CPCB, SPCB, and CGWB—all scientific bodies. Hearing the matter on July 4, 2024, the NGT Bench of Justice B. Amit Sthalekar, Judicial Member, and Dr. Arun Kumar Verma, Expert Member, remarked that the CGWB should have further investigated the matter independently.

Interestingly, the Committee mentioned that the lack of evidence in the petition and the subsequent investigation report of the medical authority suggests that drawing a correlation between hexavalent Chromium contamination and kidney failure deaths may be a biased conclusion. According to experts, this is a way for the government to escape responsibility. The mines require environmental clearance, which includes baseline data on social infrastructure. These reports must be correlated, says R K Tyagi, a former EHS expert with over 40 years of experience.

The NGT Bench stated that the responsibility falls upon the State Government to provide potable drinking water to the residents of different regions of Sukinda Valley and the surrounding area, free from hexavalent Chromium pollution or pollution from any other hazardous mineral.

The NGT Bench has sought further reports from the Government of Odisha and also from CGWB within four weeks showing what action has been taken on the report of the Joint Inspection Committee. The matter is listed on 16th August 2024 for further hearing.  Notable Advocate Sankar Prasad Pani is now representing the Applicant.

6th July 2024 YouTube X LinkedIn

Grasim Industries Limited, operating in Sonebhadra District, Uttar Pradesh, faces scrutiny from the National Green Tribunal (NGT) and the Supreme Court over its fly ash management practices. Despite claims of full ash utilization and environmental reclamation, the company's operations have come under legal challenge, questioning procedural fairness and environmental impact. As the Supreme Court mandates a review, stakeholders await pivotal decisions on regulatory compliance and environmental stewardship.

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6th July 2024 YouTube X LinkedIn

The National Green Tribunal (NGT) has dismissed NHAI's pleas regarding environmental compensation, maintaining a fine of Rs. 45 Crores. In its ruling on 5th July 2024, the Tribunal upheld its decision against NHAI for illegal constructions and tree cutting, emphasizing adherence to environmental laws.

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2nd July 2024 YouTube X LinkedIn

Bharat Serums and Vaccines Ltd. has been making headlines for various reasons. Despite a 5,000% spike in searches for "current covid symptoms" in the US recently, there is no link to the company. Instead, Enviro Annotations brings you the news that the NGT, Western Zone Bench, Pune, ruled in favor of Bharat Serums and Vaccines Ltd. in a case involving alleged hazardous waste near Chikhloli Dam.

The company’s recycling and internal reuse practices were found compliant, with no evidence of pollution to the dam’s catchment area. NGT concluded no relief was warranted for the applicant, highlighting the importance of factual scrutiny in environmental cases. For detailed news report SUBSCRIBE for a Paid Subscription for Daily Email Updates ₹600/= per year. 

2nd July 2024 YouTube X LinkedIn

The NGT Western Zone Bench, led by Justice Dinesh Kumar Singh and Dr. Vijay Kulkarni, ruled on July 1, 2024, in a case concerning the "River Villa" project near Pune. It found Jare World and V. Square had illegally constructed within the blue flood line of the Indrayani River, violating environmental laws. NGT directed PCMC to demolish these structures within six months and imposed a Rs. 5 Crore Environmental Damage Compensation on responsible parties. The judgment underscores NGT's commitment to environmental integrity, mandating swift action to restore compliance and deter future violations, reinforcing sustainable practices in Maharashtra's construction sector.

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1st July 2024 YouTube X LinkedIn

The National Green Tribunal (NGT) Western Zone Bench in Pune resumed proceedings on Appeal No. 58/2018(WZ) on 1st July 2024, following a directive from the Hon’ble Supreme Court of India. The case, involving M/s Vijay Engineers as the appellant and Goa Coastal Zonal Management Authority (GCZMA) among others as respondents, was originally disposed of by the NGT on 16th August 2018.

The Supreme Court, in its order dated 11th March 2024, overturned the NGT's earlier decision, citing procedural irregularities. The appeal arose from the GCZMA's decision in 2018, which the appellant claimed was made without affording them a fair hearing.

During the hearing, S. S. Swaminathan appeared on behalf of the appellant, seeking permission to substitute the legal heirs of the deceased appellant within one week. Responding to this, Ms. Manasi Joshi, representing GCZMA and the Deputy Collector & SDO of Goa, requested time to file a reply affidavit on behalf of GCZMA within the stipulated timeframe.

However, despite adequate notice, respondent No. 3, Shri Franky Monteiro, did not appear during the proceedings. In light of the principles of natural justice, the NGT granted respondent No. 3 an additional two weeks to submit a reply affidavit.

The NGT emphasized the importance of due process and scheduled the next hearing for further deliberation on 2nd August 2024, signaling a critical phase in the re-examination of this significant environmental case.

This re-opened appeal underscores ongoing legal scrutiny over environmental governance and procedural fairness in regulatory decisions affecting coastal management in Goa. 

1st July 2024 YouTube X LinkedIn

The National Green Tribunal (NGT) wasted no time in getting back to work after the summer break, tackling four significant cases on the first day. Among them, three stand out for their environmental impact: The Principal Bench has released a list of four disposed of cases. Enviro Annotations has deliberated the insights. A gist is here.  

Acid Mixing Facility in Mumbai: A Shalimar Bagh resident’s complaint about a hazardous acid mixing facility in Andheri East has prompted the NGT to form a joint committee to investigate. Reports of yellow smoke, damaged structures, and health issues for nearby residents have raised serious concerns about the facility's operations.

Unscientific Uprooting of Herbal Plants in Uttarakhand: In Uttarkashi, the unauthorized removal of Kingoda herbal plants has led to environmental degradation and soil erosion. The NGT has ordered an investigation to hold those responsible accountable and protect the area’s natural vegetation.

Illegal Tree Cutting in Patiala: A suo-moto case based on a letter petition revealed the illegal felling of 250 trees by a private school in Patiala. The NGT has mandated a thorough probe to address the environmental damage and ensure justice.

Discover the unfolding environmental crisis sparked by UltraTech Cement's limestone mining in Rajasthan. The NGT scrutinizes allegations of extensive violations, from exceeding permitted capacities to neglecting environmental safeguards. Uncover the health impacts, ecological concerns, and legal ramifications as stakeholders await the tribunal's decisive actions.

Stay tuned as the NGT’s investigations unfold, promising significant actions to uphold environmental laws and protect India’s natural resources.

20th June 2024 YouTube X LinkedIn

The Vacation Bench of the National Green Tribunal (NGT) recently heard two appeals regarding the closure and delisting of an application for the reappraisal of Environmental Clearance (EC) granted by DEIAA in Rajasthan. Despite the urgency, no interim relief was granted. The appeals are set for further hearing on 02.07.2024.

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Further, while hearing Original Application No. 740/2024 in the matter of Karan Singh versus State of Punjab & Ors., the NGT stated that no grounds for granting any urgent relief are made out at this stage. The matter pertains to non-compliance of stone crushers in Districts Pathankot and Gurdaspur. However, the question of the maintainability of the OA in its present form arises as it involves material aspects of compliance with the order dated 10.12.2020 passed by this Tribunal in OA No.57/2020 titled as Bachitter Singh Vs. State of Punjab. In case of noncompliance, this can be addressed through an execution application. The matter is listed for further hearing on 02.07.2024.

9th June 2024 YouTube X LinkedIn

Jindal Steel Works Ltd. responds to environmental violation allegations in NGT hearing, citing procedural discrepancies and contesting findings. The company asserts compliance with permissions and challenges the Joint Committee's reliance on Google Images for mangrove destruction claims. Additionally, Jindal Steel Works questions the OA's maintainability, highlighting non-inclusion of a relevant party and disputing CRZ violations. The firm denies environmental wrongdoing, attributing creek changes to natural phenomena. Subscribe for detailed report.

29.05.2024 YouTube X LinkedIn 

In the matter of Original Application No. 104/2024/EZ, Nilamani Mahapatra versus State of Odisha & Others, the National Green Tribunal (NGT) Eastern Zone Bench has issued an order for a comprehensive investigation into the operations of the Narangarh Khondalite Stone Quarry. The Bench, comprising Justice Sheo Kumar Singh, Judicial Member, and Dr. Arun Kumar Verma, Expert Member, opined that the allegations merit further consideration.

The Tribunal has mandated the formation of a committee to investigate the claims made in the application. The committee will consist of the District Magistrate of Khordha or a representative not below the rank of Additional District Magistrate; a Senior Scientist from the Odisha State Pollution Control Board (OSPCB); a Senior Scientist from the Central Pollution Control Board (CPCB); and a Senior Scientist from the State Environmental Impact Assessment Authority (SEIAA), Odisha

Eminent Advocate Sankar Prasad Pani filed the application on behalf of the petitioner. The application asserts that the Narangarh Khondalite Stone Quarry, operating over an 11.45-acre leasehold area in an orchard within Narangarh Mouza, Khordha District, is causing significant environmental degradation. The quarry is adjacent to residential areas in Bhogapur village and is in close proximity to more than three schools/Anganwadi centers within a 200-meter radius.

The petition alleges that the quarry's operations involve heavy machinery for drilling and cutting, leading to substantial noise and air pollution. Bhogapur, described as a densely populated village, is reportedly suffering from layers of dust settling on nearby houses and vegetation. The noise pollution, occurring both day and night, is said to disturb the residents' sleep, adversely affecting the study of children and the health of ailing senior citizens. These conditions are claimed to infringe upon the environmental rights of the local populace.

The NGT has directed the committee to conduct a site visit and submit its findings on affidavit within four weeks, addressing the allegations presented in the application. The District Magistrate of Khordha has been designated as the Nodal Officer responsible for coordinating the logistics and ensuring the timely filing of the committee's report on affidavit.

The matter is scheduled for further hearing on 8th August 2024. This investigation underscores the tribunal's commitment to addressing environmental concerns and ensuring the protection of community rights against industrial activities.

29.05.2024 YouTube X LinkedIn  Blogger 

When people were busy searching for the "ilomilo theory," we were focusing on recent views by the National Green Tribunal (NGT) on Corporate Environmental Responsibility (CER). On 28th May 2024, the NGT delivered a detailed judgment on a case involving marble mining operations in Haryana. The judgment, reserved on 22nd March 2024, was pronounced by Justice Arun Kumar Tyagi, Judicial Member, and pertains to Original Application No. 454/2023.

The NGT's deliberations revealed significant findings concerning the CER activities, which have been weakened by the incumbent Central Government. The Haryana State Pollution Control Board (HSPCB) reported that the marble miner concerned had implemented the proposed CER activities. However, the NGT found that the miner had not provided detailed expenditure reports to show the utilization of the budget allocated for CER activities. The tribunal emphasized that CSR/CER activities should be aligned with social and environmental management goals and should be carried out in the vicinity of the project and surrounding areas. Active participation of the Gram Panchayats of the affected and neighboring villages, as well as the District Environment Committee, is essential. The budget earmarked for CER activities should be meaningfully utilized for environmental restoration, protection, and improvement.

The judgment directed the marble miner to undertake several actions to ensure compliance and enhance community involvement. The miner must carry out blasting operations with advance intimation to local residents and by blowing a siren, ensuring strict adherence to the conditions imposed by blasting permissions. Additionally, the miner is required to conduct the requisite plantation of native species in consultation with forestry experts during the forthcoming monsoon season and submit a compliance report to the HSPCB within three months.

The NGT also mandated that the miner comply with the environmental clearance (EC) condition regarding dust suppression around the mining site. The miner must maintain a logbook recording the number of water tankers used daily and provide complete details to the HSPCB every three months. Furthermore, the miner is directed to execute CER projects in the vicinity of the project and surrounding areas, with active involvement from the Gram Panchayats and the District Environment Committee. The budget earmarked for CER activities must be utilized effectively, and a detailed report of CER activities and expenses incurred must be submitted to the HSPCB every three months.

The HSPCB has been tasked with verifying the compliance of these directives and filing a verification report within two months after the miner's submission of compliance reports. If necessary, the matter may be brought before the Bench for further directions.

This judgment underscores the NGT's commitment to ensuring that industrial activities are conducted responsibly, with a focus on environmental sustainability and community engagement. The directives aim to promote transparency, accountability, and active participation of local communities in environmental management, thereby fostering sustainable development practices in the mining sector.

29.05.2024 YouTube X LinkedIn  Blogger 

On May 28, 2024, the National Green Tribunal (NGT) delivered two significant judgments on environmental violations reserved on December 13, 2023. These judgments were issued in the cases of Original Application No. 246/2023 (Satya Narayan Singh vs. Forest Department, Firozabad and Others) and Original Application No. 505/2022 (Devendra Kumar vs. State of Himachal Pradesh and Others). The Bench, comprising Justice Arun Kumar Tyagi and Expert Members Dr. A. Senthil Vel and Dr. Afroz Ahmad, focused on the illegal cutting of trees in both cases.

In the case of Original Application No. 246/2023, the applicant, Satya Narayan Singh, highlighted the illegal cutting of 14 Neem trees by two individuals, which was in violation of the Supreme Court order dated May 8, 2015, in W.P (C) No. 13381/1984 (M.C. Mehta vs. Union of India and Others), as well as the directives issued by the NGT and existing environmental norms. The NGT emphasized the necessity of addressing the widespread illegal tree cutting, underlining the need for environmental restoration through compensatory measures. The tribunal, invoking Sections 14, 15, and 33 of the NGT Act, mandated that every individual found guilty of illegal tree cutting must plant and nurture two trees for each tree felled, over a period of five years. These plantations should occur in the next rainy season within the violator's land or an approved location by the Divisional Forest Officer. In cases of non-compliance, the Divisional Forest Officer is authorized to execute the plantation and recover the costs as arrears of land revenue.

In Original Application No. 505/2022, the grievance was the unauthorized construction of a road from Khoda Thatch to Jogni Gala in Bali Chawk, District Mandi, Himachal Pradesh. The applicant, Devendra Kumar, asserted that this construction would result in the illegal cutting of green trees, violating environmental norms and the Supreme Court's directives. The NGT noted that Damage Reports had been issued by the Forest Guard, with fines collected from offenders. However, the tribunal stressed that mere issuance of Damage Reports and fine collection does not suffice for environmental restoration. The Divisional Forest Officer, Nachan Forest Division, Gohar, Himachal Pradesh, was directed to undertake remedial measures to reclaim and restore land affected by unauthorized muck dumping.

The construction had led to the cutting of 30 Rai and Tosh trees, totaling a standing volume of 83.335 cubic meters. Compliance with Supreme Court orders resulted in the planting of 300 different species in degraded forest land, with Rs. 481,000/- allocated for compensatory afforestation by the Himachal Pradesh Public Works Division Thalout. The Divisional Forest Officer was instructed to ensure the completion of compensatory afforestation during the upcoming monsoon season and to submit an Action Taken Report within three months.

28.05.2024 YouTube X LinkedIn  Blogger 

Today, the Principal Bench of the National Green Tribunal (NGT) pronounced its order on Appeal No. 19/2022 in the matter of Junaid Ayubi & Ors. versus State of Haryana & Ors. The order, issued by the Bench comprising Justice Prakash Shrivastava, Chairperson, along with two Expert Members, Dr. A. Senthil Vel and Dr. Afroz Ahmad, had been reserved on 14th February 2024.

The appeal challenged the Environmental Clearance (EC) dated 29th January 2022, which was issued for riverbed sand mining in the Yamuna River at village Jairampur Jagiri, Tehsil Jagadhri, District Yamuna Nagar, Haryana. The appellants contended that the EC contained a condition mandating a replenishment study after the commencement of the project, which they argued was not permissible.

Citing the NGT's order dated 11th March 2022, in Appeal No. 23/2021, Pramod v. State of Uttar Pradesh & Ors., the appellants asserted that the necessity of a replenishment study before granting a sand mining lease had been established. They argued that issuing an EC for riverbed sand mining without conducting a replenishment study rendered the clearance legally untenable.

The NGT noted that in the current case, the EC was indeed issued without a prior replenishment study. Consequently, the EC dated 29th January 2022, was deemed flawed. However, the Tribunal decided not to interfere with the said EC at this stage. It observed that the initial one-year period had lapsed, a replenishment study had been conducted for the subsequent year, and the applicant had been protected by an interim order from the Supreme Court in Civil Appeal No. 5194/2022, issued on 22nd August 2022.

18.05.2024 YouTube X LinkedIn  Blogger 

The National Green Tribunal (NGT) issued its judgment on May 17, 2024, following a case between Dinesh Singla and K.K. Concrete Products Pvt. Ltd. The applicant sought closure of the industry due to environmental violations. Allegations included air and noise pollution from heavy machinery and transportation, particularly impacting senior citizens and children. During hearings, additional pollution sources were identified. NGT, led by Justice Arun Kumar Tyagi and Dr. Afroz Ahmad, addressed concerns regarding malpractice and pollution. They emphasized dust emissions from vehicular movement as a major issue. NGT dismissed the case's malpractice claims and mandated remedial actions, including the implementation of Amicus Curiae suggestions and HSPCB monitoring, to be completed within three months.

14.05.2024

The Principal Bench of the National Green Tribunal (NGT) convened on 13th May 2024, to deliberate on a significant case originating from the transfer of Public Interest Litigation (PIL) No. 4436/2003 by the High Court of Judicature at Allahabad, Lucknow. This transfer order dated 31st January 2024, marked a pivotal moment in the legal trajectory of addressing environmental concerns surrounding the discharge of untreated water and municipal waste into River Gomti.

The NGT Bench, comprising Justice Prakash Shrivastava, Chairperson, Justice Arun Kumar Tyagi, Judicial Member, and Dr. A. Senthil Vel, Expert Member, took cognizance of the transferred PIL. They directed the issuance of notices to all concerned parties, including the petitioner and respondents, intimating the next date of hearing scheduled for 27th August 2024.

13.05.2024

The Punjab Pollution Control Board (PPCB) has recently forwarded a comprehensive report to the National Green Tribunal (NGT) regarding environmental concerns raised against Nectar Life Sciences Limited. This report, pertaining to Original Application No. 173/2023 in the case of Shallabjit Singh v/s State of Punjab and Others, has been made public by the NGT on its official website.

The report addresses allegations made by Shallabjit Singh against Nectar Life Sciences Limited, accusing the company of discharging highly polluted chemical effluents in agricultural fields, resulting in crop damage and land degradation. However, despite the extensive 80-page report, there appears to be a lack of emphasis on the impact of soil contamination.

Highlighting the seriousness of the matter, the NGT has issued directives to the Member Secretary of PPCB to take appropriate action against concerned officers who failed to act despite knowing that Nectar Life Sciences did not possess the necessary consent to operate legally.

In response, the Member Secretary of PPCB provided insights into the timeline of the company's consent to operate under the Water and Air Acts, indicating procedural lapses in the renewal process. Despite several inspections and subsequent refusals, the company was eventually granted consent at a reduced capacity, raising questions about regulatory adherence.

Furthermore, the report submitted by PPCB contains analysis results, including instances of 'Below Detection Limit' (BDL) without clarification on detection thresholds. Additionally, concerns are raised regarding sludge disposal practices and incomplete groundwater monitoring data, indicating potential shortcomings in environmental monitoring protocols.

The report also sheds light on the discrepancies related to the NOC issued by the Central Ground Water Authority (CGWA) and inadequacies in addressing fly ash emissions from the company's operations.

Amidst these revelations, questions arise about the efficacy of existing environmental regulatory frameworks and the adequacy of enforcement mechanisms in ensuring environmental justice.

As the NGT deliberates on the submitted report and subsequent actions, it underscores the critical need for robust environmental governance to address emerging challenges and uphold the principles of environmental justice.