NGT Orders

This section of at Enviro Annotations brings news on NGT Orders, Court Orders. Subscribe

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.