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NGT Southern Zone Sets Aside Tamil Nadu SEIAA’s Rejection of Environmental Clearance for Mining Project 

18th March 2025 YouTube X LinkedIn


The National Green Tribunal (NGT) Southern Zone Bench in Chennai pronounced its judgment today, which was reserved on 21st January 2025, in the case of Appeal No. 25 of 2023 (SZ) filed by Alex Paul against the State Environment Impact Assessment Authority (SEIAA) Tamil Nadu. The appeal challenged SEIAA's decision to deny Environmental Clearance (EC) for a proposed rough stone and gravel quarry project in Kanniyakumari District. Presided over by Justice Pushpa Sathyanarayana and Expert Member Dr. Satyagopal Korlapati, the tribunal examined the ecological and environmental concerns raised in the rejection order.


The appellant, Alex Paul, had sought approval for quarrying operations over an extent of 4.52 hectares in Ponmanai A Village, Thiruvattur Taluk. Having secured a mining lease from the Geology and Mining Department in 2022 for a five-year period, Paul applied for EC under Category B2 of the EIA Notification, 2006. The proposal included necessary clearances from the Forest Department and the Hill Area Conservation Authority (HACA), along with commitments to environmental mitigation measures and a corporate environmental responsibility contribution.


SEIAA Tamil Nadu, acting on the recommendations of the State Expert Appraisal Committee (SEAC), rejected the application on 25th May 2023, citing multiple environmental concerns. The committee highlighted that the proposed site is situated within the ecologically sensitive Western Ghats region and is surrounded by thick vegetation. The rejection was primarily based on findings that the site was located near an extensive rubber plantation, close to a National Highway, and within 2.75 km of the Kanniyakumari Wildlife Sanctuary, a designated Ecologically Sensitive Zone (ESZ). Additional concerns included the potential impact on biodiversity, disruption to the watershed, and a lack of a cumulative impact assessment for quarrying in the region.


In his appeal, the appellant contested SEIAA’s findings, arguing that the project site falls 3.07 km away from the ESZ and is not classified as ecologically sensitive by the Ministry of Environment, Forest and Climate Change (MoEF&CC). Paul further cited approvals from the Principal Chief Conservator of Forests (PCCF) and other authorities, which concluded that the project posed no significant threat to local flora, fauna, or wildlife corridors. He also pointed out that the project’s environmental management plan accounted for controlled blasting methods using NONEL-based electric detonators, which would mitigate potential damage from quarrying operations.


During the hearing, SEIAA defended its decision, maintaining that the SEAC conducted a thorough assessment using Keyhole Markup Language (KML) data and MoEF&CC’s Decision Support System. The state body reiterated that the quarry’s proximity to a National Highway and its location atop a watershed justified the denial of environmental clearance. SEIAA also noted that quarrying activity at the site could impact surface runoff and deplete topsoil, thereby affecting nearby water channels and ecological balance.


After detailed deliberation, the NGT Bench examined whether the SEIAA’s rejection was justified based on statutory provisions and scientific assessment. The tribunal reviewed evidence indicating that the project site was outside the officially notified ESZ of Kanniyakumari Wildlife Sanctuary, as per the MoEF&CC notification dated 22nd September 2020. The Bench also took into account the PCCF’s prior approval, which permitted the project with conditions such as fencing and a Rs. 15 lakh contribution to wildlife conservation.


On the matter of the watershed impact, the tribunal considered the appellant’s argument that the mining area was rocky and not conducive to vegetation, thereby negating concerns over topsoil depletion. The tribunal further assessed whether the 500-meter danger zone for blasting applied in this case, noting that the distance cited by SEIAA pertained to a district road rather than a National Highway.


With the arguments and evidence presented, the NGT Bench reserved its final decision on 21st January 2025. The tribunal’s ruling, delivered today, is expected to have significant implications for future quarrying projects in ecologically sensitive regions, particularly within Tamil Nadu’s Western Ghats region. The case underscores the ongoing challenges in balancing developmental projects with environmental conservation efforts. Judgment copy

NGT Chennai Bench Dismisses Plea to Shut Down ‘Discovery Village’ Resort on Lack of Merit

18th March 2025 YouTube X LinkedIn


The National Green Tribunal (NGT), Southern Zone, Chennai, promulgated its judgment on 18th March 2025 in Original Application No. 49 of 2023 (SZ) in the matter of Dinesh Kallahalli vs. Prashanth Prakash, ‘Discovery Village,’ and Others. The judgment, delivered by Justice Pushpa Sathyanarayana, Judicial Member, had been reserved on 10th February 2025. The applicant had sought a directive to the authorities to shut down the resort called ‘Discovery Village.’ 


A legal dispute concerning an alleged violation of environmental and planning laws by a resort near the Nagarhole Tiger Reserve has been dismissed by the adjudicating authority. The case was initiated by an applicant, a wildlife and social activist from Kallahalli Village, who sought action against the 'Discovery Village' resort, owned by the first and second respondents. The applicant claimed that the resort, spread over six acres in N. Belthur Village, H.D. Kote Taluk, Mysore District, Karnataka, had breached multiple legal and environmental regulations.


The applicant alleged that the resort had undertaken unauthorized construction and expansion beyond the permissible limits, adding cottages, a restaurant, a swimming pool, and a play area without obtaining necessary approvals. Furthermore, it was claimed that the resort was discharging untreated sewage into the Kabini River, leading to environmental pollution and affecting the local population and livestock. Additional concerns were raised regarding air pollution caused by the kitchen exhaust and a 63 KVA diesel generator.


The activist further contended that the resort had been built within the buffer zone of the Nagarhole Tiger Reserve, falling within the Eco-Sensitive Zone (ESZ) as per a 2017 government notification. As such, the project should have obtained clearance from the National Board for Wildlife, as per the Hon’ble Supreme Court's directives and the Environmental Impact Assessment (EIA) Notification, 2006. Another major contention was that the resort did not secure a No Objection Certificate (NOC) from the Forest Department and operated without the required Consent to Operate from the Karnataka State Pollution Control Board (SPCB), in violation of the Water (Prevention and Control of Pollution) Act, 1974, and the Air (Prevention and Control of Pollution) Act, 1981.


The Karnataka SPCB had previously confirmed that the resort was operating without mandatory environmental clearances and recommended legal action under Section 33(A) of the Water Act, 1974. Despite multiple complaints, the applicant argued that regulatory authorities had failed to take appropriate action against the resort.


In response, the resort owners refuted these allegations, asserting that the property was located more than 2 km away from the forest boundary, contrary to the applicant’s claim of a 1.88 km proximity. They cited the 2011 guidelines issued by the Ministry of Environment, Forest and Climate Change (MoEF&CC), which emphasized a site-specific approach to ESZs rather than a uniform prohibition. They also referenced the Supreme Court ruling in T.N. Godavarman Thirumulpad Vs. Union of India & Ors. [2023 SCC OnLine SC 504], which held that a fixed 1 km ESZ around protected areas was impractical and required modifications based on local conditions.


Regarding environmental compliance, the respondents stated that the resort occupied only 2,000 square meters, well below the 20,000 square meter threshold requiring Environmental Clearance under the EIA Notification, 2006. They also cited the Karnataka SPCB Notification of 2016, which exempts resorts with less than 20 rooms and wastewater generation below 10 KLD from requiring consent under the Air and Water Acts. The resort, with only 13 rooms and a wastewater output of 6.5 KLD, was thus exempt. Additionally, it was argued that the resort had a fully operational Sewage Treatment Plant (STP) with an annual maintenance contract and that all wastewater was treated and used for landscaping within the premises, eliminating any discharge into water bodies.


The Karnataka SPCB, in its affidavit, confirmed that the resort met all exemption criteria and was not required to obtain environmental clearance unless it expanded beyond the set thresholds. The Deputy Conservator of Forests also clarified that while the resort was within the larger buffer zone of the Nagarhole Tiger Reserve, it was located in a revenue village. The 2017 ESZ notification had lapsed in 2019, and no enforceable regulations existed at present.


Based on these findings, the Tribunal concluded that the applicant had not established any regulatory violations warranting action against the resort. It noted that the Karnataka SPCB had officially confirmed compliance with all environmental laws, including wastewater treatment, air pollution control, and the ESZ framework. Consequently, the tribunal dismissed the Original Application [O.A. No. 49 of 2023 (SZ)] for lack of merit.

Ganga Pollution in Bihar and UP

17th March 2025 YouTube X LinkedIn


The Bihar State Pollution Control Board (BSPCB) has submitted its response to the National Green Tribunal (NGT) in O.A. No. 491 of 2024 concerning the news report titled "Ganga Water Unsafe Even for Bathing Says Bihar Govt Report on River Pollution," published in Hindustan Times on 26th February 2024.


The BSPCB has stated that it is regularly conducting water sample analyses at 34 sites along the river Ganga. As per the findings, key parameters such as pH, Dissolved Oxygen (DO) levels, and Biochemical Oxygen Demand (BOD) conform to the standards prescribed by the Ministry of Environment, Forest and Climate Change (MoEF&CC), Government of India. DO levels have been reported between 6.7 mg/l and 10 mg/l, while BOD levels exceeded 3 mg/l only twice, recorded at 3.4 mg/l and 3.6 mg/l.


However, the BSPCB has acknowledged that Total Coliform and Fecal Coliform levels are significantly beyond the prescribed standards. The primary cause has been attributed to the direct discharge of untreated household sewage into the Ganga from urban areas.


To address this issue, Sewage Treatment Plants (STPs) are being constructed across various cities in Bihar. As per the BSPCB’s submission, STPs have already been built at four locations in Patna and at Barh, Munger, Sonpur, Sultanganj, Maner, Navgachiya, Chapra, Danapur, and Phulwari Sharif. The effectiveness of these treatment facilities in reducing bacterial contamination and improving river water quality remains to be seen.


With the Ganga being a lifeline for millions, ensuring its cleanliness and ecological health is of utmost importance. While the BSPCB claims to have been regularly monitoring water quality, critical questions arise about the agency’s response to pollution control. If the pollution levels and their sources were known, what measures were taken to curb contamination? Did the board only act after media reports brought attention to the issue and subsequently reached the NGT? The lack of preventive actions and enforcement mechanisms remains a pressing concern.


It is important to note that in O.A. No. 200/2014 (M.C. Mehta v. Union of India & Ors.), the State of Uttar Pradesh has been directed to submit a report disclosing complete details of existing drains, their tapping/untapping status, and STP locations across 10 districts. The report will also provide information on compliance with pollution control norms affecting the Ganga and its tributaries.


Furthermore, the State of Uttar Pradesh is expected to file a response before the NGT addressing each of the points and recommendations mentioned in the applicant’s submission. Additionally, a timeline along with the name of the responsible officer for executing the remediation measures is to be provided. Environmentalists argue that disclosing the names of responsible officers may enhance transparency and ensure effective implementation of pollution control measures, if not complete pollution mitigation.

NGT Directs Action Against Illegal Mining in Sitarganj, Uttarakhand

17th March 2025 YouTube X LinkedIn


The National Green Tribunal (NGT) Principal Bench, presided over by Justice Prakash Shrivastava (Chairperson), Justice Sudhir Agarwal (Judicial Member), and Dr. A. Senthil Vel (Expert Member), has disposed of Original Application No. 703/2023, which pertains to illegal mining in Sitarganj, Uttarakhand. The application was registered suo-motu based on a news report published in Hindustan on 31st October 2023, titled "ग्रामीणों ने SDM से कैलाश नदी में अवैध खनन रोकने की मांग की" (Villagers demand SDM to stop illegal mining in Kailash River). The NGT convened a hearing on 21st February 2025 and passed its final order, emphasizing strict enforcement of environmental regulations.


The issue under scrutiny involved allegations of illegal mining activities in the Kailash River at Santfarm of Nakulia village, where heavy machinery such as JCBs and Pokeland excavators were reportedly being used, causing severe environmental degradation. Upon taking cognizance of the matter, the NGT, in its order dated 28th November 2023, had impleaded the concerned authorities and issued notices to them.


The District Magistrate, Udham Singh Nagar, submitted an initial report on 2nd February 2024, confirming that while pits were found at several locations during a site inspection, no individuals were caught in the act of illegal mining. Subsequently, another report submitted on 16th December 2024 provided detailed findings, including the names of mining leaseholders involved in unlawful activities.


One of the key findings in the report was that Priya Agarwal, listed at serial no. 4 among the project proponents, was found guilty of illegal mining. As a result, an order dated 18th April 2024 was passed against her, imposing a penalty of ₹6,53,258, which was duly deposited by the leaseholder. The report also identified three other leaseholders who were still operating, raising concerns about their compliance with environmental regulations.


In light of the findings, the NGT underscored the necessity of environmental compensation and directed the Uttarakhand Pollution Control Board (UKPCB) to take immediate action against the offenders. The Tribunal issued the following key directives:

NGT Western Zone Bench Disposes of Environmental Plea Against Stone Crushing Unit in Ratnagiri

12th March 2025 YouTube X LinkedIn


The National Green Tribunal (NGT) Western Zone Bench, Pune, has disposed of Original Application No. 130 of 2024 (WZ) filed by applicants Sureshbhai Tukaram Naame and another against Ravi Infra Build Projects Ltd. The case pertained to alleged environmental violations linked to the operation of a stone crushing unit in village Palu, Taluka Lanja, District Ratnagiri, Maharashtra. The bench, comprising Hon’ble Mr. Justice Dinesh Kumar Singh (Judicial Member) and Hon’ble Dr. Vijay Kulkarni (Expert Member), ruled on the matter after considering submissions from the Maharashtra Pollution Control Board (MPCB) and Central Pollution Control Board (CPCB).


The applicant alleged that Ravi Infra Build Projects Ltd. was violating environmental regulations while carrying out stone crushing activities for the four-laning of the Ratnagiri-Kolhapur section of NH-166. Concerns were raised regarding the unit’s compliance with pollution norms, its proximity to an ecologically sensitive area, and inadequate dust control measures.


MPCB submitted an affidavit dated 2nd October 2024, providing details about the project:


During an MPCB inspection conducted on 23rd September 2024, it was observed:


Following an NGT directive on 3rd October 2024, MPCB conducted a second site visit on 18th February 2025 in the presence of the applicants and local authorities. The unit was found temporarily shut down due to a major breakdown, with resumption planned within 8-10 days. MPCB noted that:


MPCB requested three weeks to conduct air quality monitoring once operations resumed.


Tribunal’s Decision: The NGT bench, upon reviewing the affidavits and inspection reports, found that necessary pollution control measures had been adopted. While some gaps remained, such as air quality assessment, the tribunal held that no immediate violations warranted intervention. It directed MPCB to conduct a final site visit after operations resumed and submit a report within three weeks.


“The application is disposed of with a direction that if any breach of air quality norms is found, appropriate action shall be taken against the project proponent, and a compliance report shall be submitted to the tribunal,” stated the order.

Encroachment Allegations in Khalpal Reserve Forest

11th March 2025 YouTube X LinkedIn


Odisha has reportedly utilised utilised ₹2,606.64 crore under CAMPA on afforestation and related activities during the last three years i.e. Financial Year 2021-22 to 2023-24. Odisha has recorded a significant increase in its forest and tree cover between the India State of Forest Report (ISFR) 2021 and ISFR 2023. The state's total forest and tree cover grew from 58,038.44 sq km in 2021 to 58,597.01 sq km in 2023, marking a net increase of 558.57 sq km. Odisha ranks third in terms of absolute increase in forest and tree cover, following Uttar Pradesh (559.19 sq km) and Chhattisgarh (683.62 sq km).


According to the Forest Survey of India (FSI), Odisha has recorded 20,973 forest fire detections between November 2023 and June 2024, making it one of the most affected states in India. The high frequency of forest fires in the state raises concerns over environmental degradation, biodiversity loss, and air pollution, necessitating urgent mitigation measures. Odisha ranks second highest in India for forest fire incidents, just behind Uttarakhand (21,033 detections). The state contributes to over 10% of the total 2,03,544 forest fire detections nationwide.


Another concerning data point is that Odisha has reported a staggering 40,507.56 hectares (ha) of forest land under encroachment as of 31st March 2024, highlighting significant concerns over deforestation, land use violations, and ecological degradation. The state ranks among the worst-affected in India, with encroachment posing a severe threat to biodiversity, wildlife habitats, and environmental sustainability. Odisha ranks fifth in India for total encroached forest land.


On 19th February 2025, the National Green Tribunal (NGT) Eastern Zone Bench, Kolkata, took cognizance of a petition filed in Original Application No. 26/2025/EZ by the Youth United for Sustainable Environment Trust against the State of Odisha and others. The petition alleges illegal encroachment of forest land and environmental violations in the Khalpal Reserve Forest within the Mahabirod Forest Range, Dhenkanal district.


A bench comprising Justice B. Amit Sthalekar, Judicial Member and Dr. Arun Kumar Verma, Expert Member, heard arguments presented by acclaimed Advocate Sankar Prasad Pani, counsel for the applicant, along with Advocate Ashutosh Padhy.


Key Allegations in the Petition: The applicant has sought the following reliefs:


The allegations focus on Respondent No. 8, Suresh Sahoo, who has allegedly encroached upon more than five acres of forest and revenue land without permission. The land is reportedly being used for a hotel (New Surya Dhaba), parking space for heavy vehicles, a vehicle washing center, garage, and a dynamo repairing workshop. The encroachment also includes a constructed residential house and fly ash dumping to create a makeshift road.


Past Complaints and Official Responses:


The Divisional Forest Officer (DFO), Dhenkanal, in his 19th November 2024 response, indicated that:


Tribunal’s Directives and Next Hearing:

Taking the allegations into consideration, the NGT issued notices to the State of Odisha, the Odisha State Pollution Control Board (OSPCB), the Ministry of Environment, Forest & Climate Change (MoEF&CC), and the private respondent, Suresh Sahoo. All respondents have been directed to file their counter-affidavits within four weeks.


Additionally, the tribunal has formed a Joint Inspection Committee comprising Senior Scientist, Odisha State Pollution Control Board and District Magistrate, Dhenkanal or an Additional District Magistrate-level representative. The District Magistrate, Dhenkanal, has been designated as the nodal officer to facilitate the investigation and submit the Joint Inspection Report on affidavit.


The matter is scheduled for the next hearing on 28th March 2025.


The case highlights the growing concerns over forest land encroachment and environmental degradation due to unauthorized commercial activities. 

NGT Western Zone Dismisses Two Environmental Complaints Citing Compliance Reports 

11th March 2025 YouTube X LinkedIn


The National Green Tribunal (NGT) Western Zone Bench, Pune, has disposed of two environmental complaints—one concerning alleged air pollution from an industrial unit in Gujarat and another related to alleged illegal hill cutting in Goa—after regulatory authorities submitted compliance reports denying any violations. Both cases, heard on 25th February 2025, saw no representation from the applicants, leading the tribunal to rely on official investigation reports to reach its decisions.


In Original Application No. 143 of 2024 (WZ), filed by Towards Socialism President Chakradhar Pandey against Shree Raghukul Text Prints Pvt. Ltd., the applicant had alleged that the industrial unit was burning restricted wood to generate steam for its mill boiler, causing the release of black fog and resulting in health hazards for local residents. The tribunal had earlier directed the Gujarat Pollution Control Board (GPCB) to investigate the matter and verify the claims. The report submitted by GPCB concluded that no violations or non-compliance were observed at the unit. Furthermore, the board clarified that the unit was operating within the conditions of its Consent to Operate under the Consolidated Consent and Authorization (CCA) issued by the GPCB. Additionally, a gazette notification had included firewood in the list of approved solid fuels for industrial use. Based on this report, the tribunal ruled that no further action was required and dismissed the application.


Similarly, in Original Application No. 139 of 2023 (WZ), filed by Krishna Kankonkar against the State Environment Impact Assessment Authority (SEIAA), Goa, the applicant had alleged environmental violations at a construction site in Calapur village, Tiswadi Taluka, North Goa, linked to Dr. Kenkre. The complaint cited large-scale hill cutting, destruction of green forest areas, and damage to the service road due to excavation and transportation of materials. Acting on these allegations, the tribunal had sought a report from SEIAA, Goa. The submitted report confirmed that heavy earthmoving equipment was being used at the site, and excavation activities were ongoing, with murrum and laterite rubble stones being transported. However, it also noted that the project had received necessary approvals from the Town and Country Planning (TCP) Department through a technical clearance order dated 29th November 2022. Since the project area was below 20,000 square meters, it did not require Environmental Clearance (EC). Based on these findings, the tribunal determined that there was no violation of environmental regulations and found no grounds to issue further notices. The case was accordingly closed.

NGT Southern Zone Directs SEIAA to Reconsider Environmental Clearance for Srimex Mines & Minerals

28th February 2025 YouTube X LinkedIn


The National Green Tribunal (NGT) Southern Zone, Chennai, has set aside the rejection of an Environmental Clearance (EC) application by Srimex Mines & Minerals and directed the State Environment Impact Assessment Authority (SEIAA), Telangana, to reconsider the proposal afresh. The Tribunal observed procedural lapses in the rejection process and emphasized the need for proper site verification.


Srimex Mines & Minerals filed an appeal (Appeal No. 30 of 2024) challenging SEIAA's rejection of the EC application for a mining project in Cheepunthala Village, Talakondapalli Mandal, Rangareddy District. The project involved the extraction of quartz and feldspar across 12.95 hectares. SEIAA had rejected the clearance on the grounds that the mining site allegedly encroached upon the Padkal Reserve Forest and did not meet the prescribed minimum siting distance requirements.


The appellant argued that the mining site was located in government-owned Survey No. 22, distinct from the Padkal Reserve Forest. Official survey reports were cited to support this claim. The appellant also alleged procedural irregularities and lack of opportunity to clarify their position before SEIAA.


Key Findings of the Tribunal


The Tribunal remitted the matter back to SEIAA, instructing them to:


The case raises crucial concerns regarding the accuracy of land classification and due diligence in granting Environmental Clearances. The Tribunal’s order ensures a fair process while emphasizing environmental safeguards. The decision also underscores the role of scientific verification over digital mapping tools in determining land status. With the matter now returned to SEIAA for fresh consideration, stakeholders, including local communities and environmental activists, will be keenly watching for the final outcome of the case.

NGT Chennai Bench Sets Aside SEIAA Tamil Nadu’s Rejection of EC for Mining Project 

28th February 2025 YouTube X LinkedIn

The National Green Tribunal (NGT) Southern Zone, Chennai, in Appeal No. 38 of 2024 (SZ), delivered a judgment on 28th February 2025 setting aside the rejection of Environmental Clearance (EC) by the State Environmental Impact Assessment Authority (SEIAA), Tamil Nadu. The appeal, filed by S. Sivakumar, challenged the rejection of EC for his proposed rough stone and gravel quarry project in Kuchanur Village, Uthamapalayam Taluk, Theni District.


S. Sivakumar, the appellant, was granted a mining lease for five years by the Department of Geology and Mining on 5th July 2023, for extraction up to 42 meters below ground level with a volume of 2,04,390 cubic meters. Following due procedure, the appellant submitted an online proposal on 10th August 2023, and a physical application on 23rd August 2023, seeking EC under 'B2 Category' of Item 1(a) of the Environmental Impact Assessment (EIA) Notification, 2006.


The mining plan and progressive quarry closure plan, as approved by the Assistant Director of Geology and Mining, were submitted along with a No Objection Certificate (NOC) from the District Forest Officer, Theni, confirming the absence of Ecologically Sensitive Zones (ESZ), protected areas, or critically polluted areas within a 10-km radius.


The appellant’s proposal was placed before the State Expert Appraisal Committee (SEAC), Tamil Nadu, which rejected the proposal on 23rd November 2023, citing environmental concerns. The SEIAA, based on SEAC’s recommendations, issued a final rejection on 20th December 2023.


SEIAA Tamil Nadu justified its decision by stating that the proposed site, being a fresh, unmined area with rich organic soil, is adjacent to a 100-hectare coconut farm. The committee raised concerns about environmental degradation, potential loss of fertile topsoil, and adverse effects on the surrounding coconut groves.


The appellant argued that SEIAA’s rejection was arbitrary and lacked scientific appraisal. Key contentions included:



The Tribunal, comprising Justice Pushpa Sathyanarayana (Judicial Member) and Dr. Satyagopal Korlapati (Expert Member), examined whether SEIAA’s rejection aligned with legal and procedural mandates under the EIA Notification, 2006.


NGT observed that SEIAA’s rejection relied on general environmental concerns without a legal basis or prescribed regulatory prohibitions. The Tribunal emphasized that while ecological factors are crucial, they must be backed by legal and scientific evaluation. Citing Supreme Court precedents such as Lafarge Umiam Mining Pvt. Ltd. v. Union of India (2011) and Electrothem (India) Ltd. v. Patel Vipulkumar Ramjibhai (2016), NGT underscored that:



In its judgment, NGT ruled that SEIAA’s rejection lacked sufficient reasoning and scientific evaluation. The Tribunal directed SEIAA Tamil Nadu to reconsider the appellant’s EC application with due diligence, ensuring adherence to the principles of environmental law while maintaining transparency in decision-making.

NGT Southern Zone Bench Directs Reassessment of Environmental Clearance for Rough Stone and Gravel Quarry

28th February 2025 YouTube X LinkedIn


The National Green Tribunal (NGT) Southern Zone, Chennai, has set aside the rejection of an Environmental Clearance (EC) for a rough stone and gravel quarry project in Veeranakunnam Village, Maduranthagam Taluk, Chengalpattu District, Tamil Nadu. The tribunal, comprising Justice Pushpa Sathyanarayana, Judicial Member, and Hon'ble Dr. Satyagopal Korlapati, Expert Member, remitted the matter back to the State Environment Impact Assessment Authority (SEIAA) - Tamil Nadu for a fresh examination within six weeks.


The appeal was filed by S. Perumal, a resident of Kancheepuram District, challenging the SEIAA-Tamil Nadu's decision to reject the EC for the proposed mining project. The project, covering an extent of 4.90.48 hectares of patta lands, falls under the ‘B2 Category’ and had been processed through a NABET-accredited consultant, M/s. Global Mining Solutions.


The application was placed before the State Expert Appraisal Committee (SEAC) - Tamil Nadu in its 413th meeting held on 5th October 2023, where the appellant and their consultant presented necessary documents, including the mining plan and pre-feasibility report.


The SEAC and SEIAA - Tamil Nadu rejected the EC application on multiple grounds:


Based on these concerns, the SEIAA - Tamil Nadu denied the EC, citing risks to water bodies and agricultural lands.


The appellant's counsel pointed out discrepancies in the rejection order, including:


After reviewing the arguments and evidence, the tribunal held that the rejection by SEIAA - Tamil Nadu lacked a clear scientific basis and was not supported by statutory guidelines. The key observations were:


On the above findings, in the judgment pronounced on 27th February 2025, which was reserved on 24th January 2025, the tribunal ruled in favor of the appellant and directed:

NGT Directs Thane Municipal Corporation to Establish Landfill and Waste Disposal Facility Within Three Months 

28th February 2025 YouTube X LinkedIn

The National Green Tribunal (NGT) Western Zone Bench, Pune, comprising Justice Dinesh Kumar Singh (Judicial Member) and Dr. Vijay Kulkarni (Expert Member), has issued directives to the Thane Municipal Corporation (TMC) regarding the establishment of a landfill site and scientific disposal of solid waste. The directives were passed in Execution Application No. 08/2024 (WZ) in Original Application No. 122/2023 (WZ), filed by Rohit Manohar Joshi against the Thane Municipal Corporation and others.


During the hearing, the tribunal acknowledged the Bombay High Court’s order dated 30th January 2025, issued in Public Interest Litigation No. 96 of 2024. The High Court directed municipal corporations and district collectors to enforce Clause 2 of the revised Central Pollution Control Board (CPCB) guidelines on idol immersion. This clause strictly prohibits the manufacture and immersion of Plaster of Paris (PoP) idols.


As the High Court has already mandated strict compliance with these guidelines, the tribunal observed that no further intervention was required on this matter.


The second issue addressed in the case pertained to the setting up of a landfill site and the scientific disposal of municipal solid waste in accordance with the Solid Waste Management Rules, 2016. In its affidavit dated 17th February 2025, TMC submitted an Action Plan, confirming that government land measuring 34.72 hectares in Village Aatkoli, Taluka Bhiwandi, District Thane, has been designated for the waste management facility. The land, consisting of Survey Nos. 4, 5, 13, and 14, was handed over to TMC by the Collector, Thane, on 22nd April 2024.


Additionally, the Thane Municipal Corporation has applied for the necessary authorization under the Solid Waste Management Rules, 2016, which is currently under process with the Maharashtra Pollution Control Board (MPCB). The MPCB stated that once the Environmental Clearance (EC) is obtained, the Consent to Establish and Consent to Operate will be issued accordingly.


Observing the lack of a definite timeline in TMC’s affidavit, the NGT has directed:


With these directions, the tribunal disposed of the application along with any pending related applications. Order

NGT Pune Bench Declines Plea Against Alleged Illegal Construction in Panchgani, Cites Lack of Master Plan Challenge 

27th February 2025 YouTube X LinkedIn


The National Green Tribunal (NGT) Western Zone Bench, Pune, comprising Justice Dinesh Kumar Singh, Judicial Member and Dr. Satyagopal Korlapati, Expert Member, recently disposed of the Original Application No. 22/2025. The application was filed by Hrishi Jain against Mountvalley Properties LLP for alleged illegal construction at Plot No. 80/1, Khinger Road, Panchgani, Taluka Mahabaleshwar, District Satara. The application sought a stay on the ongoing construction, replantation of felled trees, and disclosure of all permissions granted by the Panchgani Municipal Council.


The applicant contended that Mountvalley Properties LLP was raising construction in an eco-sensitive area without the requisite approvals from the Ministry of Environment, Forest and Climate Change (MoEF&CC). The applicant relied on two key notifications—one dated 17th January 2001 and another dated 29th April 1983—to establish that the project site fell within the regulated Eco-Sensitive Zone (ESZ) of the Mahabaleshwar-Panchgani region.


As per these notifications, the state government was mandated to prepare a Zonal Master Plan for the area, requiring MoEF&CC approval. Until such approval was granted, restrictions on Floor Area Ratio (FAR), building height, the number of storeys, and forest/agricultural zones remained in place. The applicant argued that, in the absence of such an approved plan, the project proponent had illegally secured approval from the District Collector, rendering the construction unlawful.


During the hearing, the Tribunal examined photographic evidence submitted by the applicant, which purportedly showed tree felling at the project site. However, the bench noted that while some branches had been trimmed, there was no conclusive evidence of entire trees being uprooted.


Additionally, the Tribunal observed that the construction in question was undertaken based on a plan approved by the District Collector of Satara. The NGT clarified that once such an approval is granted, any challenge to its legality must be pursued through an appellate process, rather than through an original application before the Tribunal.


The bench acknowledged the applicant’s argument that the MoEF&CC had not approved a Zonal Master Plan for the region. However, it reiterated that unless the District Collector’s approval was set aside in an appropriate legal proceeding, the construction could not be deemed illegal.


Concluding its deliberations, the Tribunal ruled that the applicant should have filed an appeal against the approval granted by the District Collector instead of filing the present application before the NGT. Accordingly, the Tribunal disposed of the application without granting the requested reliefs.

NGT Orders Stricter Environmental Norms for Brick Kilns, Directs Compensation for Agricultural Losses 

27th February 2025 YouTube X LinkedIn


The National Green Tribunal (NGT) Principal Bench, comprising Justice Prakash Shrivastava (Chairperson), Justice Arun Kumar Tyagi (Judicial Member), and Dr. A. Senthil Vel (Expert Member), has delivered its judgment in Original Application No. 359/2022. The case, titled Rafhat Naeem Siddiqui versus State of Uttar Pradesh & Others, pertains to allegations of illegal soil mining by brick kilns, adversely affecting agricultural land in Bijnor district, Uttar Pradesh.


The application, initially filed as a letter petition by Advocate Rafhat Naeem Siddiqui, was treated as an Original Application. The applicant, along with other residents of Ajupura Rani village in Nagina Tehsil, claimed that illegal soil mining had rendered agricultural land uncultivable. The excavation of soil, allegedly beyond permissible limits, was conducted by a brick kiln operator, Mohd. Akram, with the use of JCB machinery, causing significant environmental damage.


The Tribunal, in its order dated 23rd May 2022, constituted a Joint Committee comprising the Uttar Pradesh Pollution Control Board (UPPCB) and the District Magistrate of Bijnor. The committee was directed to investigate the environmental impact, particularly regarding loss of topsoil, air quality deterioration, and effects on local biodiversity. The investigation was also required to examine compliance with an earlier NGT order in Utkarsh Panwar vs. Central Pollution Control Board & Others (O.A. No. 1016/2019).


Key Environmental Questions Deliberated by NGT

The NGT considered three critical issues in its judgment:


The Tribunal affirmed that excavation of topsoil for brick making must be restricted to conserve agricultural land. It also emphasized the importance of utilizing topsoil for land reclamation and restoration to ensure sustainable agricultural practices.


Directives Issued by NGT

In light of its findings, the NGT issued the following key directions:


Observations on Laxity of Authorities

The NGT expressed strong dissatisfaction over the "casual and unsatisfactory manner" in which official reports were prepared and submitted before the Tribunal. It noted deliberate misrepresentation of facts and inaction by authorities despite previous orders. Consequently, the Tribunal directed higher authorities to take disciplinary action against defaulting officials and implement measures to prevent similar lapses in the future.


Legal Precedents and Environmental Compensation

Referring to the landmark Supreme Court judgment in M.C. Mehta vs. Kamal Nath & Others (2000) 6 SCC 213, the Tribunal reiterated that environmental violations constitute a "civil wrong" and necessitate compensation for ecological damage. The principle of "polluter pays" was underscored, emphasizing that those responsible for environmental degradation must be held accountable.


The NGT ruled that the applicant may claim compensation for agricultural losses from the environmental compensation imposed on Shiv Ent Udyog and Himchal Devi. Additionally, stringent compliance monitoring of brick kilns will be enforced to prevent further environmental damage. 

NGT Kolkata Bench Orders Odisha SPCB to Recover ₹98.31 Crore Environmental Compensation from Laterite Quarry Violator 

26th February 2025 YouTube X LinkedIn


On 11th February 2025, the National Green Tribunal (NGT) Eastern Zone Bench in Kolkata, comprising Justice B. Amit Sthalekar, Judicial Member, and Dr. Arun Kumar Verma, Expert Member, convened to deliberate on Original Application No. 122/2023/EZ with Interlocutory Application No. 34/2024/EZ. The case, titled "Ajay Kumar Behera versus State of Odisha & Ors.," centered on allegations of unauthorized laterite stone quarrying by Respondent No. 13, Prahallad Biswal, in Damanbhuin village, Tangi Tahasil, Khordha district. 


What is a laterite stone? Laterite is a rusty-red rock that's rich in iron and aluminum. It's commonly found in tropical regions and is used as a building material. Where is laterite stone found in India? Almost all Indian bauxite deposits are associated with laterite, except those in Jammu & Kashmir.


The applicant, represented by eminent Advocate Sankar Prasad Pani, contended that Damanbhuin Laterite Stone Quarry-A had been granted Consent to Establish (CTE) by the Odisha State Pollution Control Board on 22nd June 2022, under the Water (Prevention and Control of Pollution) Act, 1974, and the Air (Prevention and Control of Pollution) Act, 1981. This consent permitted the production of 1,500 cubic meters (or 3,615 metric tonnes) of laterite stone annually, totaling 7,500 cubic meters (or 18,075 metric tonnes) over a five-year period. The designated mining area spanned 4.139 hectares (10.23 acres) on Plot No. 2161(P) of Khata No. 708, classified as 'Gochar' (grazing land).


Despite these permissions, it was alleged that Biswal commenced mining operations immediately after depositing the required royalty and charges, as directed by the Tahasildar, Tangi, on 12th August 2021. The Collector of Khordha, in an affidavit, revealed that a survey by the Odisha Space Application Centre (ORSAC) assessed illegal extraction of approximately 97,775.217 cubic meters of laterite and 68,754.88 cubic meters of morrum from the quarry.


In response, Biswal filed I.A. No. 134/2024/EZ, seeking to implead additional individuals allegedly involved in the illegal mining activities. However, the Tribunal observed that since the lease and consents were in Biswal's name, it was his responsibility to prevent unauthorized mining. The bench noted that environmental compensation amounting to ₹98,31,49,135 had been computed against Biswal for the excess extraction.


Consequently, the NGT directed the Odisha State Pollution Control Board to recover the environmental compensation and undertake necessary measures to restore the damaged environment. The application was disposed of, with all interim applications addressed accordingly. This is another significant order issued by the NGT, exemplifying the legal maxim Ubi jus, ibi remedium—where there is a right, there is a remedy. 

NGT Eastern Zone Bench Admits Plea Against Land Allotment for Yoga and Naturopathy Institute in Odisha

26th February 2025 YouTube X LinkedIn


Yoga and Naturopathy are holistic disciplines that emphasize the integration of mind, body, and spirit to promote overall well-being. They empower individuals to take an active role in their health journey, fostering self-awareness, resilience, and a harmonious existence with the environment. However, in the contemporary world, which is rife with aberrations, the establishment centers of Yoga and Naturopathy are often found to be in conflict with environmental harmony.


The National Green Tribunal (NGT) Eastern Zone Bench, Kolkata, has admitted a petition challenging the allotment of 20 acres of forested land in Binjhagiri Mouza, Khordha District, Odisha, for the construction of a Central Research Institute of Yoga & Naturopathy. The application, filed by senior citizens Hazari Dehuri and Hrudanand Kodamsingh, raises concerns over environmental degradation due to the felling of thousands of trees for the project.


The petitioners contend that the conversion of dense forest land to 'Patit Kisam' (barren land) was carried out in violation of the Forest (Conservation) Act, 1980, and the Forest (Conservation and Augmentation) Act, 2003. They seek directives to relocate the proposed project to alternative sites and declare the land in question as deemed forest to ensure its protection. The doctrine of Salus populi suprema lex esto, meaning 'the welfare of the people shall be the supreme law,' is relevant in the present case, where environmental conservation takes precedence over commercial interests.


The Central Council for Research in Yoga & Naturopathy (CCRYN), under the Ministry of AYUSH, submitted a request to the Odisha government in 2011 for land to establish a 100-bedded hospital and research institute. Subsequently, 20 acres of Gochar (grazing) land in Khata No. 331, Plot No. 133 of Binjhagiri Mouza were identified for leasing to CCRYN. The petitioners argue that out of the 88.3 acres of Gochar land in the area, approximately 47 acres are covered with dense forest.


The petitioners highlight that villagers have nurtured and protected the land since 1970, transforming it into a forested area with a variety of tree species, including medicinal plants like Mahula, Kendu, Harida, Bahada, and Amla. The land is also in close proximity to the Chandaka-Dampara Wildlife Sanctuary and falls within its designated Eco-Sensitive Zone (ESZ), as notified by the Ministry of Environment, Forest and Climate Change (MoEF&CC) on 9th September 2016.


A joint verification conducted by the Khordha Divisional Forest Officer (DFO) and the Range Officer in 2013 revealed an estimated 26,400 trees growing in the disputed 20-acre land parcel, with a tree density of over 70%. The villagers had earlier requested authorities to allocate alternative plots, specifically Plot Nos. 550, 551, 553, and 554 in Khata No. 329, for the Yoga and Naturopathy Institute, but their appeals remained unaddressed.


The petitioners also submitted letters from the Chhatabar Gram Panchayat, which had urged authorities in 2012 to reconsider the land allotment, given the ecological significance of the area and the community’s long-standing efforts to conserve it.


After hearing arguments from the petitioners’ counsel, Advocate Sankar Prasad Pani and Advocate Ashutosh Padhy, the Tribunal Bench of Justice B. Amit Sthalekar, Judicial Member and Dr. Arun Kumar Verma, Expert Member, noted that the matter requires detailed consideration. Notices have been issued to the Government of Odisha and its relevant departments, the Central Council for Research in Yoga and Naturopathy (CCRYN), the Ministry of Environment, Forest and Climate Change (MoEF&CC), and the Odisha Biodiversity Board. The respondents have been directed to file their counter-affidavits within three weeks. The case is expected to have significant implications for environmental conservation and land-use policies in Odisha, underscoring the principle of fiat justitia ruat caelum—'let justice be done, though the heavens fall.'

NGT Rejects Plea Against Alleged Illegal Tree Felling in Mumbai Redevelopment Project 

15th February 2025 YouTube X LinkedIn


The National Green Tribunal (NGT) Western Zone Bench, Pune, comprising Justice Dinesh Kumar Singh, Judicial Member and Dr. Vijay Kulkarni, Expert Member, has dismissed Original Application No. 236/2024 (WZ) filed by environmental activist Hemant Punamiya against multiple authorities, including the Ministry of Environment, Forest and Climate Change (MoEF&CC), the Chairman of the Tree Authority through the Mumbai Municipal Corporation, and the Brihanmumbai Municipal Corporation (BMC). The application sought a stay on further permissions related to the redevelopment project by Acme Metal Industries Private Limited in Goregaon, Mumbai, due to alleged unauthorized felling of trees.


The applicant alleged that Acme Metal Industries Pvt. Ltd., had illegally felled 37 trees without obtaining necessary approvals under the Maharashtra (Urban Areas) Protection and Preservation of Trees Act, 1975. The petition sought an order restraining authorities from granting an Occupation Certificate (OC) or any further clearances for the project until proper environmental clearances were obtained and the felled trees were replanted.


Punamiya argued that the project, located on land bearing CTS No.36A & 36B in Goregaon West, had originally received a Tree No-Objection Certificate (NOC) in 2003, which mandated the preservation of all 61 trees on-site. However, an environmental investigation in 2022-2023 revealed that only 24 trees remained, leading to allegations of unauthorized tree felling. The matter was escalated through complaints to various municipal and police authorities, including an FIR registered at Goregaon Police Station on 28th March 2024. The applicant further claimed that despite these complaints, no action had been taken against the developer.


The NGT noted that the redevelopment project had received necessary approvals in 2002-2003 and construction had progressed to the stage of obtaining an Occupation Certificate. Given that the allegations were based on events spanning over two decades, the tribunal found the petition significantly time-barred. Additionally, the bench pointed out that the applicant had failed to establish a clear timeline for the alleged unauthorized tree felling, making it difficult to determine the validity of his claims.


In its ruling, the tribunal dismissed the petition, stating that the request to halt the issuance of the OC and demands for restoration of the site were legally untenable at this stage. The bench also rejected an amendment application that sought to introduce a new cause of action dated 24th April 2024, as it contradicted prior complaints filed in April 2023.


With this dismissal, the redevelopment project by Acme Metal Industries Pvt. Ltd. is set to proceed unhindered. 

NGT Directs Compliance with 2021 Order on Ridge Protection, Rejects Cost Waiver Plea

15th February 2025 YouTube X LinkedIn


The National Green Tribunal (NGT), Principal Bench, heard Execution Application No. 32/2024 on 13th February 2025, which seeks enforcement of the 15th January 2021 order passed in MA No. 258/2015 (OA No. 10/2014) regarding the protection of Delhi’s Ridge area. The Tribunal expressed strong displeasure over the lack of compliance by authorities and directed strict adherence to its previous directives.


The Ridge, a vital ecological zone in Delhi, has been subject to encroachments and unauthorized constructions. In its 15th January 2021 order, the Tribunal had directed the Government of NCT of Delhi to issue a notification under Section 20 of the Indian Forest Act, 1927 for protecting the Ridge as a reserved forest. The order also mandated fencing, vigilance, and the removal of encroachments within a specified timeframe. Additionally, an Oversight Committee (OC) was constituted under the Chairmanship of the Director General (Forest), Ministry of Environment, Forest and Climate Change (MoEF&CC) to monitor compliance.


However, despite repeated opportunities, multiple authorities failed to submit compliance reports or take effective action. Consequently, the Tribunal was compelled to entertain an execution application to ensure enforcement.


During the previous hearing on 17th January 2025, the Tribunal, comprising Justice Prakash Shrivastava. Chairperson; Justice Sudhir Agarwal, Judicial Member; and Dr. A. Senthil Vel, Expert Member; had observed that several respondents had not filed their responses, despite multiple opportunities. As a consequence, it imposed a cost of ₹5,000 each on Respondents No. 1 to 5, to be deposited with the Registrar General of the Tribunal.


In the latest hearing, it was noted that:


After considering the arguments, the Bench rejected the waiver plea but granted Respondents three weeks to deposit the cost. Respondents No. 1 and 2 have also submitted their replies.


The Applicant, Pavit Singh, contended that the Tribunal’s orders have not been effectively implemented. The applicant pointed out that instead of enforcement, fresh encroachments continue to take place within the Ridge area, with unauthorized constructions receiving basic amenities such as electricity and water connections. These developments, according to the applicant, reflect continuous violations of the Tribunal’s orders.


The Tribunal had issued notices to the Respondents on 24th September 2024, instructing them to submit their replies at least a week before the next hearing through e-filing. However, even after three and a half months, only Respondent No. 6 (Deputy Commissioner of Police, South District, Hauz Khas, New Delhi) filed a response.


The Tribunal expressed strong disapproval over the casual approach of the authorities. It emphasized that despite ample time, the respondents failed to provide compliance reports. Noting that the original order was passed almost four years ago (15th January 2021) and yet remains unimplemented, the Tribunal described the delay as unacceptable.


Granting a final opportunity, the Bench directed that:


The matter has been listed for the next hearing on 19th May 2025, when the Tribunal is expected to review the compliance status and decide on further action against non-complying authorities.

Over ₹7.38 Crore Environmental Compensation Imposed on Dankari Mining Lessee 

13th February 2025 YouTube X LinkedIn


The National Green Tribunal (NGT) Eastern Zone Bench, Kolkata, convened a hearing in the matter of Youth United for Sustainable Environment Trust vs. State of Odisha & Ors., Original Application No. 147/2024/EZ. The case was heard by Justice B. Amit Sthalekar, Judicial Member, and Dr. Arun Kumar Verma, Expert Member. 


The applicant, represented by Sankar Prasad Pani and Ashutosh Padhy, raised serious concerns about rampant and unscientific stone quarrying in Dankari Hill and the broader Jajpur district of Odisha. The application alleged that illegal and unregulated quarrying activities in the region have led to severe environmental degradation and loss of human life. A major incident on 15th May 2024, where a stone quarry collapsed, resulted in five workers being trapped under debris, leading to the tragic death of three individuals. The laborers were reportedly engaged in black stone mining, as documented in a news article published in Orissa Post on 17th May 2024.


Violation of Environmental Norms and Regulatory Approvals


The applicant submitted that the Lessee of Dankari Black Stone Quarry No.5/10 (Respondent No. 13) was granted Environmental Clearance (EC) on 6th May 2022 to operate a quarry spanning 4.00 acres in Dharmsala Tehsil, Jajpur District. However, the quarry’s location within the catchment area of the Ranibandha Minor Irrigation Project (MIP) raises significant concerns. The irrigation project, situated just 200 meters away from the quarry, is reportedly suffering due to the quarry’s blasting activities, which disrupt water flow and cause heavy siltation. Additionally, a mega stone crusher in close proximity has exacerbated environmental damage.


The petition alleges that Respondent No. 13 was granted Consent to Operate (CTO) on 18th April 2024 without adequate site verification or regular inspections by the Odisha State Pollution Control Board (SPCB). The quarry is accused of engaging in excessive mining, uncontrolled blasting, road damage due to overloaded heavy vehicles, fugitive dust pollution, destruction of agricultural land, depletion of groundwater, and increased accident risks due to poorly managed transportation routes.


Two Minor Irrigation Projects—Ranibandha and Paikarapur—located adjacent to the proposed Dankari Stone Quarries, have been severely impacted. Official communications from the Assistant Executive Engineer of the Minor Irrigation Division, Badachana, dated 31st August 2018, highlight how quarry-related blasting has caused siltation in the basin of the Paikarapur Dam Project, significantly reducing its water-holding capacity and affecting irrigation. The villagers of Paikarapur and Turang have also reported acute water shortages due to silt deposition in reservoir areas.


Regulatory Oversight and Environmental Compensation


The quarry’s operation has reportedly violated the Central Pollution Control Board (CPCB) guidelines, which mandate a minimum 200-meter distance between blasting zones and nearby settlements, public buildings, roads, water bodies, and heritage sites. Despite these violations, the mine continued to operate, leading to disastrous consequences.


An affidavit submitted by the Deputy Director of Mines, Jajpur Circle, confirmed that a landslide at Dankari Black Stone Quarry No. 5/10 on 16th May 2024 led to three fatalities. The lease for this quarry had been awarded to Sri Narayan Rout for a five-year term. Following the incident, an FIR was lodged by the Mining Officer, and a prohibitory order under Section 144 Cr.P.C. was imposed on 18th May 2024.


A Joint Assessment, conducted via a drone survey by T.K.S. Consultancy Services, Bhubaneswar, revealed unauthorized over-extraction of 79,999.41 cubic meters of black stone. As a result, the Mining Officer of Jajpur imposed a penalty of ₹3.81 crore for illegal extraction, while the SPCB calculated an environmental compensation of ₹3.57 crore. The total penalty levied on the lessee amounted to ₹7.38 crore.


Official Responses and Legal Compliance


Several government bodies have filed affidavits in response to the case. The Ministry of Environment, Forests, and Climate Change (MoEF&CC) confirmed that the EC was granted in compliance with the EIA Notification, 2006. The Odisha SPCB submitted its inspection report dated 16th April 2024, confirming that the quarry and associated crusher units had valid operating consents. The SPCB also noted that measures such as water sprinkling, tarpaulin-covered transportation, and wet drilling had been proposed to mitigate dust pollution.


The affidavit from the Director General of Mines Safety, dated 15th January 2025, clarified that illegal mining does not fall under the purview of the Mines Act, 1952, and that no regulatory permissions under the Metalliferous Mines Regulations, 1961, had been granted to any stone quarry in Dharmasala Tehsil.


Tribunal's Observations and Further Proceedings


After reviewing submissions from all parties, the NGT acknowledged the authenticity of the allegations regarding excessive and unscientific quarrying in Dankari Hill. TheTribunal directed to the State Respondents to proceed to take action for recovery of the Environmental Compensation as well as the amount towards over extraction of black stone from the Quarry of the Respondent No.13 and carry the proceedings to its logical conclusion within a period of two months hereof. 


The State Government was also directed to pay ex-gratia amount of ₹2.5 Lakh each to the three persons who have died in the landslide at the Dankari Stone Quarry whose names have not been disclosed in any of the affidavits of the Respondents and such payment shall be made within a period of one month hereof. The payment of ex-gratia shall be without prejudice to any claims which may be raised by the family of the deceased as per law.

NGT Issues Notice Over Alleged Violation of CPCB Guidelines in GAIL CNG Station Construction in Bhubaneswar

13th February 2025 YouTube X LinkedIn


The National Green Tribunal (NGT) Eastern Zone Bench, Kolkata, has taken cognizance of a petition concerning the establishment of a CNG and Piped Natural Gas (PNG) station in Chandrasekharpur, Bhubaneswar. The matter, registered as Original Application No. 19/2025/EZ, was filed by Shukadev Mohanty against the State of Odisha and Others. The petitioner alleged that the proposed site for the CNG station violates the Standard Operating Procedure (SOP) guidelines issued by the Central Pollution Control Board (CPCB) on 7th January 2020.


The case was heard by Justice B. Amit Sthalekar, Judicial Member, and Dr. Arun Kumar Verma, Expert Member, with the applicant represented by Advocate Sankar Prasad Pani, assisted by Advocate Ashutosh Padhy in virtual mode.


According to the petitioner, the CNG and PNG station is being developed within five meters of a residential property in Kanan Vihar, Phase-1, which poses environmental and safety risks. The project, initiated by Gas Authority of India Limited (GAIL), is located on a Plot said to be under Kisam "Gochara", Mouza Chandrasekharpur, within the Bhubaneswar Municipal Corporation (BMC) limits. The petitioner contended that the site is dangerously close to the residential zones of Kanan Vihar and Shree Vihar (Ward-3).


One of the key allegations in the petition is that GAIL commenced construction without obtaining a Consent to Establish (CTE) from the Odisha State Pollution Control Board (OSPCB), which is a statutory requirement under environmental regulations. The application further claims that the project violates environmental safeguards due to its proximity to a densely populated area.


Taking note of the concerns, the NGT deemed the matter to be of significance and directed the issuance of notices to the concerned authorities. The Tribunal instructed the respondents to file their counter-affidavits within four weeks. The following authorities have been issued notices to State of Odisha, Bhubaneswar Municipal Corporation, Odisha State Pollution Control Board, Central Pollution Control Board, Petroleum and Explosives Safety Organization (PESO), Gas Authority of India Limited and Ministry of Environment, Forest & Climate Change (MoEF&CC), Regional Office, Bhubaneswar.


Observing the need for further examination of the allegations, the NGT listed the matter for the next hearing on 26th March 2025. This case highlights ongoing concerns over environmental compliance and urban planning within Bhubaneswar's rapidly expanding municipal limits. The Tribunal’s decision on this matter is expected to have implications for similar projects in residential areas across the state.

NGT Issues Notice on Plea Against Construction and Commercial Activities in Notified Wetland Ramgarh Taal, Gorakhpur 

10th February 2025 YouTube X LinkedIn


Recently, on 2nd February 2025, India observed World Wetlands Day with the theme ‘Protecting Wetlands for Our Common Future’. The event was organized in Uttar Pradesh, by the Ministry of Environment, Forest and Climate Change. India has reported a total of 1,308 wetlands, including 89 Ramsar Wetlands of International Importance, 111 significant wetlands, and 1,108 classified under the 'Other Wetlands' category.


A wetland is defined as “areas of marsh, fen, peatland, or water, whether natural or artificial, permanent or temporary, with water that is static or flowing, fresh, brackish, or salt, including areas of marine water where the depth at low tide does not exceed six meters.” Additionally, to protect ecologically coherent sites, Article 2.1 of the Ramsar Convention states that “wetlands may include riparian and coastal zones adjacent to the wetlands, as well as islands or bodies of marine water deeper than six meters at low tide lying within the wetlands.”


India's Ramsar-recognized wetlands have increased significantly over the past decade. However, the number of litigations aimed at protecting wetlands from encroachments and commercial exploitation has also surged.


On 6th February 2025, the National Green Tribunal (NGT) issued notices to the concerned authorities in response to a plea challenging construction and commercial activities in Ramgarh Taal, a notified wetland in Gorakhpur. The matter was heard by a bench comprising Justice Prakash Shrivastava (Chairperson), Justice Arun Kumar Tyagi (Judicial Member), and Dr. Afroz Ahmad (Expert Member).


The applicant, Sudhir Kumar Jha, in Original Application No. 1057/2024, alleged that the Gorakhpur Development Authority is constructing JSR Garden by encroaching upon Ramgarh Taal in violation of environmental guidelines. The applicant cited a notification dated 7th December 2020, which officially designated Ramgarh Taal as a wetland.


Additionally, the plea raised concerns over commercial activities on the lake, including a cruise operated by a private company, ‘Lake Queen,’ which offers dining services. A floating restaurant named “Float” was also inaugurated on 19th September 2024. The three-story restaurant provides live entertainment and party halls, raising concerns about violations of environmental norms.


Furthermore, it was alleged that Respondent No. 6, K.K. Group, is engaged in large-scale construction near the lake. The applicant submitted photographic evidence to support these claims.


The Tribunal allowed the applicant’s plea (I.A. No. 571/2024) to submit additional documents and approved the impleadment of parties involved in the floating restaurant, cruise, and construction activities (I.A. No. 502/2024).


However, the application for an early hearing (I.A. No. 617/2024) was dismissed as infructuous. The Tribunal also condoned the delay in filing the application for impleadment and additional documents (I.A. No. 572/2024), noting that its previous order dated 12th August 2024 had permitted the applicant to furnish additional evidence of environmental violations.


The NGT issued notices in the Original Application and directed the applicant to serve notices to all respondents, including the newly added parties. 


The matter is now scheduled for the next hearing on 15th May 2025.

NGT Directs Expedited Decision on Closure Revocation of Agro Industry in Osmanabad, Orders Environmental Damage Compensation Calculation 

10th February 2025 YouTube X LinkedIn


The National Green Tribunal (NGT), Western Zone Bench, Pune, on 4th February 2025, conducted a hearing in the matter of Original Application No. 146/2024(WZ) filed by Babasaheb Mahadev Patil against Shikshan Maharshi Dnyandeo Mohekar Agro Industries Ltd. and others. The bench, comprising Justice Dinesh Kumar Singh, Judicial Member, and Dr. Vijay Kulkarni, Expert Member, passed an order continuing its earlier directives issued on 22nd July 2024, 30th September 2024, and 10th December 2024.


In compliance with the Tribunal’s previous order dated 10th December 2024, Shikshan Maharshi Dnyandeo Mohekar Agro Industries Ltd. submitted a reply affidavit on 3rd February 2025. The respondent contended that the applicant had no locus standi to file the application, as he was not an aggrieved party. It was argued that the applicant resided in Chinchwad, approximately 277 kilometers away from the factory located in Village Moha, Osmanabad, Maharashtra. The respondent also submitted that its unit had obtained Consent to Operate under the Orange Category from the Maharashtra Pollution Control Board (MPCB) on 28th November 2019, valid until 31st October 2029.


The affidavit further refuted allegations that the factory had started molasses production using borewell water. The respondent also informed the Tribunal that an inspection was conducted by MPCB, which resulted in proposed directions issued on 26th January 2024. The company responded on 27th February 2024, asserting that its Effluent Treatment Plant (ETP) was operational and had been improved per MPCB’s instructions. The affidavit also mentioned that a pipeline carrying untreated water had been damaged during construction work, leading to leakage, but the issue had since been rectified.


Addressing another allegation regarding unauthorized expansion, the respondent stated that it had applied for Consent to Establish for its Khansari Project on 10th March 2023 at the Sub-Regional Office in Latur. The affidavit also noted that in an earlier case (Original Application No. 73 of 2022), the Tribunal had imposed an environmental compensation of ₹12,62,340, which was duly deposited on 27th January 2023.


The respondent also acknowledged that MPCB had issued a closure order on 18th November 2024, which was contested on 25th December 2024. An inspection was conducted on 26th December 2024, confirming that the closure order’s concerns had been addressed. Another inspection on 1st February 2025 found the factory’s operations satisfactory. Consequently, the respondent filed an application for revocation of the closure order, which remained pending before MPCB.


During the proceedings, the respondent’s counsel urged the Tribunal to direct MPCB to expedite the pending application for revocation. Meanwhile, MPCB filed a reply affidavit on 3rd February 2025, confirming that its inspections on 10th December 2024 and 1st February 2025 found the respondent had complied with the necessary environmental norms.


The applicant, however, contended that violations persisted and requested an opportunity to file a rejoinder affidavit. The Tribunal declined the request, stating that the applicant’s grievances had been adequately heard. The applicant also argued that the respondent was a repeat offender and pressed for the imposition of Environmental Damage Compensation (EDC) for the period during which violations occurred. The Tribunal acknowledged the respondent’s prior violations and directed MPCB to calculate the EDC amount after granting the concerned parties an opportunity to be heard.


MPCB cited its inspection report from 17th January 2024, which found that the respondent had not been operating its ETP, leading to untreated effluent being discharged into a nearby water body. The report also identified deficiencies in the effluent channeling system, a lack of a holding tank for treated effluent, and the non-operation of the wet scrubber system for air pollution control. However, a subsequent inspection on 1st February 2025 confirmed that these violations had been rectified.


The Tribunal directed MPCB to determine the EDC for the period between 17th January 2025 and 1st February 2025, excluding the duration during which the industry remained closed due to its seasonal nature. It instructed MPCB to resolve the pending application for revocation of the closure order within two weeks and complete the EDC calculation within one month. The Tribunal further ruled that the collected EDC amount should be utilized for environmental restoration in the affected area.


Concluding the proceedings, the Tribunal stated that any remaining grievances could be addressed through further legal recourse as per the applicable rules. With these directives, the application was disposed of, along with any pending related applications.

NGT Kolkata Orders Probe into Alleged Environmental Violations by Rimjhim Ispat Ltd. 

6th February 2025 YouTube X LinkedIn


The National Green Tribunal (NGT), Eastern Zone Bench, Kolkata, in a significant hearing conducted in the matter of Harihar Samal & Anr. versus State of Odisha & Ors., has deemed the case to require thorough consideration. The applicants have sought intervention from the NGT to direct the Odisha State Pollution Control Board (OSPCB) to revoke the Consent to Operate (CTO) issued to Rimjhim Ispat Ltd. until it fully complies with the CTO conditions and environmental pollution control measures.


The applicants of Original Application No. 15/2025/EZ, represented by eminent Environmental Advocate Sankar Prasad Pani, assisted by Advocate Ashutosh Padhy, have raised serious allegations against Rimjhim Ispat Ltd., accusing the company of violating CTO conditions and Central Pollution Control Board (CPCB) guidelines. The key allegations include:


Rimjhim Ispat Ltd. acquired the steel plant, originally established by BRG Iron & Steel Co. (P) Ltd., through a resolution process under the National Company Law Tribunal (NCLT) on 28th February 2022, completing the acquisition in December 2023. The State Pollution Control Board granted the CTO on 31st March 2023 under its previous name, which was later amended to Rimjhim Ispat Ltd. on 7th May 2024. However, the company reportedly continues to operate without a valid Environmental Clearance under its new name.


Taking cognizance of the allegations, the NGT Bench, comprising Justice B. Amit Sthalekar, Judicial Member and Dr. Arun Kumar Verma, Expert Member, deemed it appropriate to constitute a fact-finding committee to inspect the site and verify the claims. The committee will comprise Senior Scientist, Ministry of Environment, Forest & Climate Change (MoEF&CC), Integrated Regional Office, Bhubaneswar; Senior Scientist, Central Pollution Control Board (CPCB); Senior Scientist, Odisha State Pollution Control Board (OSPCB); District Collector, Dhenkanal, or his representative not below the rank of Additional District Magistrate.


The committee has been directed to conduct a thorough inspection and submit a report within four weeks. The District Collector, Dhenkanal, has been designated as the nodal agency for logistical support and for filing the committee’s findings before the Tribunal.


The matter is scheduled for the next hearing on 19th March 2025, where the NGT will review the findings of the committee and decide on further action.

NGT Halts Illegal CHWTSDF Development on Forest Land in Odisha, Upholds Forest Conservation Act in Landmark Ruling

6th February 2025 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 delivered its final order in Original Application No. 39/2023/EZ. The application was filed by Prakash Chandra Nayak and five other applicants against the State of Odisha and others. The case revolved around allegations that the Odisha Industrial Infrastructure Development Corporation (IDCO) was illegally diverting forest land for industrial purposes without obtaining the necessary forest clearance.


The applicants contended that 7.5 acres of Sabik Kisam Forest Land were being usurped by IDCO for the benefit of Western Integrated Waste Management Facility Pvt. Ltd., which planned to establish a Common Hazardous Waste Treatment, Storage, and Disposal Facility (CHWTSDF) at Village Patamrapada, Tehsil Parjang, District Dhenkanal, Odisha. Eminent Environmental Advocate Sankar Prasad Pani, representing the applicants, argued that the disputed land was classified as "Sabik Kisam Jungle" in the revenue records and that no forest clearance had been obtained for its use.


Citing the Bhulekh records, Advocate Pani pointed out that while the land was recorded as "Taila-2" under the "Kisam" category, it was designated as "Sabik Kisam Jungle" in the remarks column. He also referred to Alienation Case No. 1/2021, which resulted in an order dated 6th September 2022 transferring the land to IDCO and reclassifying it as Khatian 985/532, Mouza Patarpada, District Dhenkanal, with its Kisam altered to "Patita." Pani argued that since these records were published after the cut-off date of 25th October 1980, as per the Forest (Conservation) Act, 1980, the reclassification was unlawful.


The applicant’s counsel further alleged that large tracts of forest land were being illegally diverted by IDCO without following the due process laid down in Section 2 of the Forest (Conservation) Act, 1980. It was stated that approximately 93 acres of land, including 12 acres of "Gochar" land and 7.5 acres of "Sabik Kisam Land," had been brought under the Land Bank Scheme (LBS) as per the Land Schedule Map (LSM) of IDCO. Out of this, around 70 acres had been proposed for allocation to Western Integrated Waste Management Facility Pvt. Ltd. The facility was initially planned to handle 7,00,000 metric tons of hazardous waste but was later scaled down to 20,000 tons per annum, with the required land area reduced from 70 acres to 27 acres. Environmental clearance for the project was granted on 18th February 2022.


The applicants also took reliance on the Government of Odisha, Revenue and Disaster Management Department Circular No. GE(GL)-S-76/2010-43968/R&DM dated 24th October 2011, which stated that the Forest (Conservation) Act, 1980, applied to any forest land, including those recorded as non-forest land in Hal records published after 25th October 1980, if they were categorized as "Jungle" in Sabik records before this date. This circular was issued in compliance with the Supreme Court’s order dated 12th December 1996 in W.P.(C) No. 202/1995, T.N. Godhavarman v. Union of India & Others, which held that the term "forest land" in Section 2 of the Act included any area recorded as forest in government records, irrespective of ownership.

The second major submission from the applicants was that large-scale tree felling had occurred on the land without permission from the Forest Department, causing significant environmental damage. Despite objections from local villagers, construction activities continued on the land.


The District Magistrate and Collector, Dhenkanal, in an affidavit dated 11th July 2023, stated that Plot No. 5, Khata No. 1023, had always been recorded as non-forest land (Patita Kisam) in the Sabik Record of Rights (RoR) from the pre-1980 settlement record. It was asserted that the Sabik RoR of Plot 5 was not traceable as it was an old document. However, the classification available at the office of the Settlement Officer, Dhenkanal-Keonjhar Major Settlement, confirmed it was recorded as Government Abad Jogya Anabadi (AJA) land with Kisam "Taila-2" (Non-Forest Land) in the Hal Settlement Records (HSR) published on 1st May 1983. The affidavit clarified that such land could be leased to third parties.


The respondents also stated that in Bhulekh records, the "Remarks" column had inadvertently mentioned "Sabik Kisam Jungle" against the plot. However, the land had been converted to "Kisam Patita" under Section 34(e) of the Odisha Survey and Settlement Rules, 1962, and was leased to IDCO on 25th March 2022. Further classification changes from "Taila-2" to "Patita" were recorded on 2nd August 2021 and 4th August 2021.


The respondents also highlighted that land admeasuring 12.5 acres was leased to IDCO for industrial purposes, with Plot No. 5 sub-leased to Western Integrated Waste Management Facility Pvt. Ltd. The construction activities had been temporarily halted to address objections regarding "Sabik Kisam Jungle" plots. Similarly, regarding Plot No. 3, Khata No. 1026, 6.5 acres were de-reserved on 28th February 2022 as per the Orissa Government Land Settlement Act, 1962, and Orissa Government Land Settlement Rules, 1983. Only surplus "Gochar" land exceeding 5% of the effective revenue land area was de-reserved.


Regarding tree felling, a joint enumeration conducted by the Revenue, Forest, Odisha State Cashew Development Corporation Ltd. (OSCDC), and IDCO officials recorded 1,292 cashew trees and 81 Gohira trees on the land, and IDCO had deposited ₹70,650 for their required cost before the Tahasildar, Parjang.

Further, in an affidavit dated 14th September 2023, the Collector and District Magistrate, Dhenkanal, reaffirmed that all plots under Khata No. 1023, Mouza Patarpada, were not forest lands. The government cited Circular No. 21643/ACSR&DM dated 16th June 2023, which clarified that where Hal records had been published after 25th October 1980, old records must be consulted to ascertain the forest status. If unavailable, a Forest Diversion Proposal (FDP) was required unless the land met three criteria: (a) the Hal record classified it as non-forest, (b) Sabik records were unavailable, and (c) it was not listed in the District Level Committee (DLC) report submitted to the Supreme Court.


The Divisional Forest Officer (DFO) Dhenkanal, in an affidavit dated 11th July 2023, supported the Collector’s position, stating that the land was not forest land and no tree felling permission had been issued. 


The NGT examined the revenue records and found that the land in question, along with 280 other plots, was consistently recorded as Sabik Kisam Jungle in the Remarks column of the land records. The Tribunal rejected the respondents' claim that this entry was due to inadvertence, noting that such a large number of plots could not have been mistakenly classified as forest land. 


Based on the evidence and legal provisions, the NGT Bench held that the land in question was Sabik Kisam Jungle and directed the respondents to:


Important Legal References


The NGT’s ruling dated 31st January 2025 underscores the importance of protecting forest land and ensuring compliance with environmental laws. Considering a 90-year lease agreement was executed between IDCO and Western Integrated Waste Management Facility Pvt. Ltd. on 30th September 2022 this Order has a huge significance. 

NGT's Interim Order on Temporary Bridges Over Yamuna for Sand Miners 

21st January 2025 YouTube X LinkedIn


The National Green Tribunal (NGT), while addressing interlocutory applications in OA No. 581/2022, Vikas Kumar vs. State of Haryana & Ors., examined key issues related to sand mining activities, temporary bridge construction over river streams, and the responsibilities of central and state authorities in ensuring environmental compliance.


The Tribunal stated:

"In the peculiar facts and circumstances of the case, and considering the delay in submitting the study report, reviewing the existing policy or guidelines based on the study, and developing the requisite mechanism, we direct the following:
(i) Meanwhile, permission for constructing temporary bridges on the Yamuna River in Haryana may be granted by the Irrigation and Water Resources Department as per the Haryana Government Policy.
(ii) In view of the urgency explained, applications for permission to construct temporary bridges for mining and allied activities across the Yamuna River channels before the forthcoming monsoon must be processed expeditiously, preferably within two weeks of receiving the application.
(iii) Permission may be granted on a case-by-case basis, considering all relevant factors and environmental impacts, with the condition that such temporary bridges will be dismantled by 30th June 2025, as specified in the permission.
(iv) The use of machinery and transport vehicles for mining and allied activities must strictly comply with Environmental Clearance (EC) conditions."


The Tribunal further clarified:


Additionally, the District Magistrate of Sonipat has been instructed to investigate the causes of loss—besides the meandering nature of the Yamuna River—and take appropriate restoration and compensation measures per the law. The District Magistrate is to file a report at least three days before the next hearing.


During the proceedings, the NGT expressed dissatisfaction with the failure of several State Pollution Control Boards (SPCBs) and Union Territory Pollution Control Committees (UTPCCs) to respond to Central Pollution Control Board (CPCB) requests for information. The Tribunal emphasized that these entities, as statutory bodies in a constitutional democracy, are obligated to protect and improve the environment. It criticized the CPCB for not exercising its authority under the Environment Protection Act, 1986, to enforce compliance.


The Tribunal has now directed the CPCB to:


Non-compliant SPCBs and UTPCCs have been instructed to ensure the physical presence of their chairpersons and member secretaries at the next hearing.

NGT Chennai Bench Takes Note of Mass Olive Ridley Turtle Deaths Along Chennai Coast 

20th January 2025 YouTube X LinkedIn


The National Green Tribunal (NGT) Southern Zone, Chennai, has initiated Suo Motu proceedings following reports of over 350 Olive Ridley turtle carcasses washing ashore along the Chennai coastline between Marina and Kovalam beaches. The alarming deaths, reported in The New Indian Express on 16th January 2025, have raised concerns about the species’ survival.


Experts suspect the turtles, protected under the Wildlife (Protection) Act as a Schedule I species, died due to drowning after being trapped in fishing nets used for squid fishing. The absence of Turtle Excluder Devices (TEDs) in trawl nets is believed to be a significant factor.


In response, the Tamil Nadu government has scheduled a high-level meeting on 20th January 2025. The NGT has directed the Fisheries and Forest Departments to enforce existing regulations on trawling and TED usage and to penalize offenders. All concerned authorities have been asked to submit action reports by 22nd January 2025.


The tribunal emphasized immediate and coordinated action to prevent further fatalities as the death toll nears 500, marking one of the most severe marine conservation crises in recent years.

NGT Dismisses 'Tsunami on Road', Citing Lack of Jurisdiction 

17th January 2025 YouTube X LinkedIn


The National Green Tribunal (NGT) Principal Bench, New Delhi, has dismissed Original Application No. 638/2024, filed by Dr. Sanjay Kulshreshtha, who appeared in person via video conferencing. The application sought the implementation of a star rating system for all passenger vehicles based on fuel efficiency and CO₂ emissions. The hearing, held on 17th January 2025, was presided over by Hon’ble Justice Sudhir Agarwal, Judicial Member, and Dr. A. Senthil Vel, Expert Member.


Dr. Kulshreshtha argued that vehicular pollution is a significant contributor to air pollution, accounting for 40% of air quality degradation according to the Ministry of Earth Sciences. Highlighting examples from developed countries and certain developing nations like Thailand, Vietnam, and Singapore, he emphasized the global adoption of such rating systems to mitigate vehicular emissions. He referenced a draft notification issued by the Ministry of Road Transport and Highways on 7th January 2016, which proposed amending the Central Motor Vehicle Rules, 1989, to introduce a similar rating system.


During earlier proceedings on 10th January 2025, the Tribunal had raised a critical jurisdictional issue. It pointed out that the Energy Conservation Act, 2001, under which the star rating system would fall, is not included in Schedule I of the NGT Act, 2010. The statutes listed in Schedule I define the scope of the Tribunal's jurisdiction to hear and decide original applications related to environmental matters.


In response, Dr. Kulshreshtha acknowledged that the Energy Conservation Act, 2001, is not within the NGT’s purview. Consequently, the Tribunal declared the relief sought as beyond its jurisdiction under Section 14 of the NGT Act, 2010.


The Tribunal dismissed the Original Application No. 638/2024 titled "Tsunami On Road" as not maintainable but clarified that the applicant retains the right to pursue other legal remedies if the cause of action remains valid.

NTPC Withdraws Appeal Against Wildlife Conservation Fee

17th January 2025 YouTube X LinkedIn


The National Green Tribunal (NGT), today, issued its final order in Appeal No. 28/2024 along with connected Interlocutory Applications No. 323/2024, 322/2024, and 321/2024. The appeal titled NTPC Limited versus the State of Uttar Pradesh and others contested a demand notice issued by the Conservator of Forest, Wildlife, Uttar Pradesh, directing NTPC to deposit 2% of the project cost as a conservation fee.


NTPC Limited operates the Feroz Gandhi Unchahar Thermal Power Project located near Unchahar Town in Rai Bareilly District, Uttar Pradesh. The project also includes an Ash Dyke situated at Umaran.


The demand notice, which is the subject of this appeal, stems from a decision taken in a meeting of the Standing Committee of the National Wildlife Board on 21st January 2015. NTPC filed an application seeking a review of this decision, which was ultimately rejected by the Standing Committee on 29th August 2023. Notably, the minutes of the meeting held on 21st January 2015 are not being challenged in this appeal.


In the subsequent hearing on 7th January 2025, the NGT examined the appeal under Section 16 of the National Green Tribunal Act, 2010. The Tribunal noted that the decision to require a 2% deposit of the project cost was communicated through a letter dated 29th September 2023 from the Conservator of Forest, Endangered Species Project, Uttar Pradesh. This letter was based on the resolutions made in the meetings held on 21st January and 25th February 2015.


The National Green Tribunal (NGT) observed that the appeal filed by NTPC Limited did not satisfy the conditions outlined in Section 16 of the NGT Act, 2010, particularly concerning the compliance with environmental clearance conditions. According to the Tribunal, Section 16, Clause (h) of the Act provides for an appeal against orders granting environmental clearance under the Environment (Protection) Act, 1986. Similarly, Clause (i) permits appeals in cases where environmental clearance is refused. However, the Tribunal clarified that there is no provision within Section 16 that allows for an appeal specifically addressing compliance with conditions attached to an environmental clearance. This lack of statutory provision formed a critical aspect of the Tribunal's observations during the proceedings. 


NTPC sought a three-day adjournment to prepare for the case. However, on 15th January 2025, NTPC filed a request to withdraw the appeal with the liberty to pursue the remedy through an appropriate forum. The request was granted, and the appeal was dismissed as withdrawn, with all pending IAs disposed of accordingly.

NGT Penalizes DPCC with ₹50,000 for Inconvenience and Delays in Environmental Compliance 

10th January 2025 YouTube X LinkedIn


In a significant ruling on 8th January 2025, the Principal Bench of the National Green Tribunal (NGT) addressed procedural lapses and delays in the execution of its earlier orders related to environmental remediation in Village Nilothi, Delhi. The matter, registered as Miscellaneous Application (M.A.) No. 117/2024, stems from Original Application No. 435/2021, filed by advocate Pardeep Kadiyan, who had alleged the operation of an illegal stone-crushing factory near his residence in Udai Vihar, Phase II, Village Nilothi.


The NGT had previously disposed of the original application on 27th July 2022, directing the Delhi Pollution Control Committee (DPCC) to close all illegal stone-crushing units, impose environmental compensation, and allocate the recovered funds for the restoration and improvement of the area's environment. Further, the tribunal mandated that the DPCC prepare and implement an action plan within six months of recovering the compensation and submit a compliance report.


Despite a status report filed by the DPCC in February 2023, subsequent developments revealed delays and non-compliance with the tribunal’s orders. This led to the registration of M.A. No. 67/2023, which was resolved on 23rd November 2023. The tribunal had then directed the DPCC to transfer ₹8 lakh to the Department of Forest and Wildlife, GNCTD, for afforestation activities in Nilothi or adjoining areas. It also instructed procedural improvements to ensure that orders imposing environmental compensation allowed violators the opportunity to file replies and appeals.


However, continued delays in compliance prompted the registration of M.A. No. 117/2024. During the hearing on 8th January 2025, the DPCC informed the Tribunal that the transfer of funds to the Forest Department occurred only on 30th December 2024, citing office relocation as the cause of the year-long delay. The bench, comprising Justice Arun Kumar Tyagi, Judicial Member and Dr. Afroz Ahmad, Expert Member, deemed the justification "unreasonable and unacceptable."


The Tribunal criticized the DPCC for non-compliance with its directives, emphasizing that such actions are punishable under Section 26 of the National Green Tribunal Act, 2010. While refraining from initiating prosecution against DPCC officials, the bench imposed a cost of ₹50,000 for the inconvenience and delays caused. The tribunal directed the DPCC to deposit this amount with the Registrar General of the NGT within one month, with the funds allocated for improving facilities for public visitors to the tribunal.


The Tribunal also reiterated its earlier directive to the Forest Department to utilize the ₹8 lakh for afforestation and submit a compliance report within six months. Failure to comply would result in the matter being listed before the bench again for further directions.


This judgment highlights the Tribunal’s firm stance on ensuring accountability and timely execution of environmental restoration measures, underscoring the critical importance of procedural adherence and the remediation of environmental harm. Order

NGT Overturns SPCB's Closure Order Against Poultry Farm, Citing Procedural Lapses and Natural Justice Violations 

10th January 2025 YouTube X LinkedIn

This judgment sets yet another example for entrepreneurs and business and industrial entities that resort to unlawful practices, disregarding the legitimate avenue of seeking redress through the courts, even when they possess a substantiated legal advantage. In a significant judgment delivered on 7th January 2025, the National Green Tribunal (NGT) Principal Bench overturned the Haryana State Pollution Control Board's (HSPCB) closure order against Bajaj Sanjay Poultry Farm. The appeal, filed under Section 16 of the National Green Tribunal Act, 2010, contested the HSPCB’s directive dated 3rd June 2024 to shut down the farm on grounds of procedural lapses and violations of natural justice.


The HSPCB, exercising powers under Sections 31A of the Air (Prevention and Control of Pollution) Act, 1981, and 33A of the Water (Prevention and Control of Pollution) Act, 1974, ordered the closure of Balaji Poultry Farms, operated by Bajaj Sanjay Poultry Farm. The order also directed the removal of birds within 60 days. The Appellant contended that the order was based on a show cause notice dated 16th April 2024, which was never served upon them, thus violating principles of natural justice.


The NGT identified procedural discrepancies and lack of due process in the issuance and service of the show cause notices. The bench highlighted that:


The inspection report dated 23rd January 2024 provided a clean chit, stating that the farm was operating in compliance since inception. This contradicted the closure order’s reliance on the same report.


The HSPCB failed to serve the show cause notice dated 16th April 2024 to the Appellant as required under Rule 34(7) of the Water (Prevention and Control of Pollution) Rules, 1975. Evidence suggested the notice was refused by an unnamed individual at the site, but the Tribunal observed this did not meet the standards for valid service.


A show cause notice dated 24th January 2024, cited by the HSPCB, was unrelated to any inspection findings and merely directed compliance with Central Pollution Control Board (CPCB) guidelines on poultry farms with capacities exceeding 25,000 birds.


The Tribunal's Bench comprising of Justice Sudhir Agarwal, Judicial Member and Expert Members Dr. A. Senthil Vel and Dr. Afroz Ahmad concluded that the closure order lacked application of mind, was arbitrary, and failed to adhere to the principles of natural justice.


The Tribunal set aside the closure order, allowing the appeal in favor of Bajaj Sanjay Poultry Farm. However, it granted liberty to the HSPCB to initiate fresh proceedings in accordance with the law, ensuring proper service of notices and adherence to prescribed procedural norms. Order

NGT Pune Bench Reviews Case Against Nix Polymers Over Environmental Violations 

3rd January 2025 YouTube X LinkedIn


The National Green Tribunal (NGT) Western Zone Bench, Pune, conducted a hearing on 3rd January 2025 in Original Application No. 55/2021 (WZ), restored following a Supreme Court order dated 18th November 2024. The application concerns alleged environmental violations by Nix Polymers in the absence of necessary consents from regulatory authorities.


The hearing, presided over by Justice Dinesh Kumar Singh, Judicial Member, and Dr. Vijay Kulkarni, Expert Member, centered on the Environmental Damage Compensation (EDC) levied against Nix Polymers.


Nix Polymers had obtained a Consent to Establish on 14th August 2015 but failed to secure the subsequent Consent to Operate from the Maharashtra Pollution Control Board (MPCB). The unit faced a Closure Order on 27th September 2021, leaving a period of violation between these two dates.


The applicant argued that the COVID-19 pandemic and medical issues disrupted operations, which led to delays in obtaining necessary permissions. 



The Tribunal granted Nix Polymers one week to file an affidavit detailing the pandemic closure period with supporting proof. MPCB and other respondents were directed to verify the claim and file objections within the following week.



The case is scheduled for further consideration on 24th January 2025, allowing all parties to present additional evidence and arguments. The NGT’s decision will address the validity of the EDC and the environmental accountability of Nix Polymers.

NGT Western Zone Bench Orders Survey on Pollution and Illegal Encroachments in Dombivli Industrial Area

3rd January 2025 YouTube X LinkedIn


The National Green Tribunal (NGT) Western Zone Bench in Pune today heard Original Application No. 108 of 2022 (WZ), filed by Nandakumar Waman Pawar and others. The application highlights pollution caused by over 500 industries in Dombivli Industrial Area, which spans Phase-I (148 Ha) and Phase-II (97 Ha). The applicants allege illegal encroachments and hazardous industrial practices.


The case was heard by Justice Dinesh Kumar Singh, Judicial Member, and Dr. Vijay Kulkarni, Expert Member.


Pollution and Industrial Hazards in Dombivli: The Dombivli Industrial Area houses over 500 industries, including textile, chemical, and engineering units, as well as hotels, restaurants, ice factories, plastic industries, and hospitals. These industries are accused of encroaching on open spaces and operating dangerous structures, such as boiler plants, chemical processing units, and acid tanks.


The emissions from these units include harmful pollutants, such as nitrogen oxides and volatile organic compounds, which contribute to smog and exacerbate asthma, lung diseases, and eye irritation. The toxic air also affects local plant life. Between May 2020 and December 2021, 30 industrial accidents occurred, killing 75 workers.


NGT’s Response and Survey Order: In response to an affidavit from Respondent No. 3, the Joint Director of Industrial Safety and Health, Kalyan, informed the Tribunal that a survey of illegal encroachments and additional constructions in the industrial area had already been conducted by MIDC. However, the NGT criticized the Joint Director for attempting to delegate the responsibility to MIDC, noting that MIDC is a member of the Committee. The Tribunal ordered that the Joint Director complete the survey as originally directed.


The Tribunal set a strict eight-week deadline for completing the survey, stressing that no further extensions would be granted. It also ordered that the applicants and other parties be included in the survey process.

The matter will be revisited on 5th March 2025, for further proceedings. 

NGT Kolkata Bench Takes Up Alleged Illegal Transfer of 643 Ha Forest Land, Affecting 1,06,506 Trees for Coal Mining Project 

2nd January 2025 YouTube X LinkedIn


The National Green Tribunal's Eastern Zone Bench in Kolkata held a hearing on January 2, 2025, regarding Original Application No. 233/2024/EZ filed by Jharana Dehury and others, residents of Chhendipada and Saluikhaman villages under the Chhendipada Tahasil in Angul district, Odisha. The case involves the alleged illegal transfer of forest land to Singareni Collieries Company Ltd. (SCCL) for the Naini Open Cast Coal Mining Project. The applicants argue that this transfer was carried out without following the necessary procedures outlined in the Forest Conservation Act, 1980.


According to the applicants, SCCL, a government-owned company by both Telangana and the Government of India, has begun illegal activities within the forest area. These activities reportedly involve the felling of trees for vehicle access to the mining site. The applicants presented evidence of a letter dated 4th July 2024, from the Divisional Forest Officer of Angul to the General Manager of SCCL, requesting the handover of Chhendipada Reserve Forest land, which spans 643.095 hectares. The applicants allege that, as per the letter, a total of 106,506 trees from the Reserve Forest, 1,087 trees from the Revenue Forest, and 327 trees from non-forest areas are to be felled for the project, actions they claim are illegal.


The applicants' Counsel and eminent Advocate Sankar Prasad Pani further argue that the necessary conditions outlined in the Ministry of Environment, Forests, and Climate Change (MoEF&CC) approval orders, which are critical for the legality of this forest land transfer, have not been met. In particular, they point to the failure to comply with Condition No. 13 of the Stage-II clearance order dated 12th October 2022. This condition mandates the settlement of forest rights, written consent from the Gram Sabha, and adherence to an office memorandum from August 2009, which have not been fulfilled, as per the applicants’ claims. Moreover, the applicants state that they were unable to access the Stage-I approval documents through the Parivesh Portal and found discrepancies regarding the Stage-II approval.


Furthermore, the applicants highlighted a letter from the OSD-cum-Special Secretary to the Government of Odisha’s Forest, Environment & Climate Change Department, dated 20th January 2023, which called for amendments in several conditions of the Stage-II approval. This letter also requested that SCCL pay the full Net Present Value (NPV) for the forest land, a compliance measure which the applicants assert has not been followed by the user agency. Despite these non-compliances, the forest land was transferred to SCCL for non-forestry use, allegedly in violation of the conditions.


In response to these allegations, the Tribunal's Bench of Justice B. Amit Sthalekar, Judicial Member and Dr. Arun Kumar Verma, Expert Member, directed the issuance of notices to all the respondents, including the MoEF&CC and the Project Proponent, SCCL. The notices are returnable within four weeks, and the next hearing for the case is scheduled for 21st February 2025. The Tribunal acknowledged the seriousness of the matter and emphasized the need for further consideration.

NGT Orders Action in Alleged Environmental Violations by Rice Mill in Odisha 

2nd January 2025 YouTube X LinkedIn


The National Green Tribunal (NGT) Eastern Zone Bench in Kolkata heard a case concerning environmental violations allegedly committed by a rice mill, Navkiran Enterprises Pvt. Ltd., located in Padampur Tukuda, Boudh District, Odisha. The Applicant, Kishore Kumar Meher, filed the Original Application No. 234/2024/EZ seeking action against the Odisha State Pollution Control Board (OSPCB) for granting the Consent to Operate (CTO) to the unit despite non-compliance with environmental and pollution control measures.


The rice mill, with a capacity to produce 21 metric tons of boiled rice per hour, 0.3 metric tons of broken rice per hour, and 1.2 metric tons of rice bran per hour, was granted Consent to Establish (CTE) by the OSPCB on 27th January 2022, and CTO on 28th January 2022. However, the applicant argues that the CTO was granted without the requisite land conversion documents, as per Condition No. 2 of the CTE, which mandates submission of such documents when applying for the CTO.


One of the central allegations by the applicant, represented by eminent Advocate Sankar Prasad Pani, against the rice mill is its failure to adequately manage the environmental impact of its operations. The CTO approved that husk ash would be generated at the rate of 6 tons per day and would be stored within the plant. However, there was no proper assessment of the wastewater generated by the unit. The applicant claims that the CTO was issued in a "mechanical manner," with no specifics on the wastewater quantity or treatment measures.


Moreover, it was alleged that the unit has been extracting groundwater without obtaining the necessary permissions from the Central Ground Water Authority (CGWA). The applicant contends that the mill extracts groundwater at a rate of 9.9 cubic meters per day, a figure that appears to be misleading since the actual daily requirement exceeds 544 cubic meters for its operations. Additionally, two borewells have been installed on the premises for water extraction, yet the required permissions are not in place.


The environmental concerns are further compounded by the discharge of wastewater into the Bandhamunda Nalla, which eventually joins the Mahanadi River, approximately 2 kilometers away from the mill. This poses a potential risk to local water quality and ecosystems.


The NGT bench, led by Justice B. Amit Sthalekar, Judicial Member and Expert Member Dr. Arun Kumar Verma, has issued notices to the respondents, including the OSPCB, the Central Ground Water Authority, and other relevant parties. The court has also directed the formation of a fact-finding committee to investigate the allegations. The committee will consist of senior officials from the Odisha State Pollution Control Board, the Central Ground Water Authority, and the District Collector of Boudh, or a designated representative.


The committee will visit the site, assess the claims made in the Original Application, and submit its report within four weeks. If any environmental violations are found, the committee is expected to recommend remedial measures and outline the actions to be taken against the responsible parties.


The NGT has scheduled the next hearing for 21st February 2025 and directed the parties to submit their counter-affidavits within four weeks. 

NGT Orders Investigation Into Pollution Caused by Crematoriums in Howrah and Kolkata 

2nd January 2025 YouTube X LinkedIn


The National Green Tribunal (NGT) Eastern Zone Bench, Kolkata, has taken up a case concerning pollution caused by cremation activities in the twin cities of Howrah and Kolkata. The case, filed by Ankur Sharma under Original Application No. 235/2024/EZ, seeks a directive to local civic bodies to install a Pyre Fume Collection System (PFCS) in crematoriums to curb pollution generated by traditional wood pyre cremation methods. The application also highlights the environmental impact of electric cremation furnaces emitting thick black smoke.


In the petition, the applicant identified several crematoriums across Howrah and Kolkata, including prominent ones like Shibpur Burning Ghat, Salkia Burning Ghat, and Nimtola Burning Ghat, which are located in densely populated residential areas. The applicant claims that the traditional wood pyre cremation method consumes between 300-500 kgs of wood per cremation. Additionally, many electric crematorium incinerators are allegedly non-functional, leading families to rely on the wood cremation process.


A crucial aspect of the applicant's case is the assertion that the Pyre Fume Collection System (PFCS), developed by the National Environmental Engineering Research Institute (NEERI), has been successfully implemented at Nigam Bodh Ghat in New Delhi. Sharma points to the Kolkata Municipal Corporation's attempt to address the issue by installing an Air Pollution Control Device (APCD) at Sri Sri Ramkrishna Mahashasan Burning Ghat (also known as Cossipore Burning Ghat) in 2012. However, Sharma claims that during a visit on 30th October 2024, the device was found to be in a state of disrepair, raising concerns about the maintenance and effectiveness of such systems.


The NGT bench, comprising Justice B. Amit Sthalekar and Expert Member Dr. Arun Kumar Verma, directed notices to the concerned respondents, including the Government of West Bengal, West Bengal Pollution Control Board (WBPCB), Howrah Municipal Corporation (HMC), and Kolkata Municipal Corporation (KMC), to respond within four weeks. The court also constituted a Fact-Finding Committee to investigate the allegations. The committee will comprise senior officials from the District Magistrate’s office in Howrah, the WBPCB, Howrah and Kolkata Municipal Corporations, and the applicant. The committee is tasked with visiting the crematoriums, assessing the pollution levels, and submitting a report within four weeks. It will also suggest remedial actions if any environmental violations are identified.


The Tribunal has scheduled the next hearing for 21st February 2025, to further review the case.

MPPCB Flags Violations in Biomedical Waste Management Before National Green Tribunal 

2nd January 2025 YouTube X LinkedIn


In the matter of Rajeev Narayan Tripathi vs. State of Madhya Pradesh and Others (Original Application No. 65/2024), the Madhya Pradesh Pollution Control Board (MPPCB) has submitted a joint committee report dated December 31, 2024, to the National Green Tribunal (NGT). The case pertains to alleged violations of the Bio-Medical Waste Management (BMWM) Rules, 2016, by a waste management unit operating in Satna district.


The report points out that the current incinerator at the facility is not compliant with the technical and operational standards specified under Schedule-II of the BMWM Rules, 2016. Key deficiencies include the absence of an efficient burning system in the primary and secondary chambers, the lack of a mechanical feeding system, and inadequate ID and FD fans necessary for maintaining proper draft. The report further highlights that the primary and secondary chambers of the incinerator are square-shaped, which is not in line with prescribed guidelines. The absence of a tamper-proof PLC system adds to the operational inefficiencies.


The committee observed that the unit has retrofitted the secondary chamber with a temporary burner mounted on a movable platform, allowing manual operation. This setup raises concerns about potential negligence and non-compliance. While the unit presented a 2-second residence time (RT) certificate from the manufacturer, the certificate appeared questionable as it was previously issued before the installation of the secondary chamber.


Another concern raised in the report is the improper functionality of the GPS tracking system installed in the unit’s vehicles. The system, intended to provide real-time waste tracking, could not be verified due to slow internet speeds during the inspection. The report mentions constant buffering issues and an absence of end-to-end tracking data, which is a mandatory requirement under the BMWM Rules.


The report also scrutinizes the transportation of waste from Satna to other facilities, such as the Common Bio-Medical Waste Treatment Facility (CBWTF) in Shahdol and the People's Hospital in Bhopal, both situated at considerable distances. The committee deemed this practice unsustainable, recommending that waste be directed to the nearest authorized CBWTF instead.


Between August 13, 2024, and December 19, 2024, the unit claimed to have transported waste on alternate days. However, data discrepancies emerged, as GPS logs were provided for only 12 of the 127 operational days. Moreover, inconsistencies between vehicle numbers and waste disposal records further undermined the credibility of the unit’s claims.


The MPPCB has made several recommendations in its report:



The MPPCB report underscores the critical need for strict adherence to bio-medical waste management protocols to ensure public health and environmental safety. The matter remains under the scrutiny of the NGT for further adjudication.

NHAI Defends Highway Expansion Plan Before Green Tribunal 

2nd January 2025 YouTube X LinkedIn


The National Highways Authority of India (NHAI) has submitted its detailed response to the National Green Tribunal (NGT), Southern Zone, regarding the contentious highway expansion project from Moinabad to Manneguda junction in Telangana.


The project, aimed at widening the National Highway 163 from two lanes to four lanes, has faced opposition due to environmental concerns, particularly the felling of banyan trees. Despite being exempt from an Environmental Impact Assessment (EIA) under the 2013 amendments to the EIA Notification, the NHAI conducted an EIA in compliance with NGT directives to address ecological concerns.


According a document uploaded on 2nd January 2025, the key points of NHAI's submission include:



The NHAI's proactive measures, including saving an additional 161 banyan trees following EIA recommendations, were highlighted as a demonstration of their commitment to sustainable development. However, the applicants have challenged the EIA findings, arguing that bypasses should have been considered to save more trees.


The NHAI has requested the tribunal to refrain from further directives that could delay the project, emphasizing that the approved alignment ensures both environmental conservation and road safety.

This project, estimated at ₹966.23 crore (₹181.23 crore for land acquisition and ₹785 crore for civil works), is expected to significantly enhance connectivity and reduce traffic congestion while balancing environmental concerns.


The Tribunal is expected to deliver its final decision in the coming weeks.

MP High Court Upholds Writ Jurisdiction in Firecracker Factory Explosion Case, Directs NGT to Reassess Compensation Framework 

1st January 2025 YouTube X LinkedIn


In a writ petition filed by the owner of a firecracker factory, where a tragic explosion caused multiple fatalities, injuries, and property damage, the Madhya Pradesh High Court addressed challenges to various orders issued by the National Green Tribunal (NGT) and the District Collector. A Division Bench comprising Sanjeev Sachdeva and Vinay Saraf, JJ., refused to quash the impugned orders at this stage but allowed the petitioners to approach the NGT for reconsideration. The Court directed the NGT to scrutinize compensation claims and ensure the proper classification of victims.


The petitioners, two brothers operating four firecracker factories under valid licenses issued under the Explosives Rules, 2008, faced legal challenges after a massive explosion occurred at their factory on 6th February 2024. The incident caused extensive damage, resulting in several fatalities, injuries, and significant property destruction. Following the explosion, an FIR was registered, citing violations of safety measures and explosive regulations.


On the same day, the NGT took suo motu cognizance of the incident and ordered interim compensation for victims: ₹15 lakh per death, ₹5 lakh for grievous injuries or house damage, ₹3 lakh for minor injuries, and ₹2 lakh for displaced persons. On 12th February 2024, the District Collector calculated ₹15.80 crores as compensation to be deposited by the petitioners. Subsequently, on 23rd February 2024, another liability of ₹2.43 crores was assessed, initiating the confiscation and auctioning of the petitioners’ properties worth ₹9 crores.


The petitioners contended that although an appeal under Sections 14 and 22 of the NGT Act was available, the writ petition was maintainable due to a violation of natural justice principles. They cited Veena Gupta v. Central Pollution Control Board, 2024 and Whirlpool Corporation v. Registrar of Trade Marks, Mumbai, (1998). It was argued that the NGT orders were ex-parte and based on media reports without adequate verification. The petitioners asserted that the compensation framework lacked medical and technical evidence and that the classification of injuries and assessment of property damage were erroneous. Additionally, they claimed the Collector’s orders were passed without notice or hearing, thereby violating natural justice principles.


The respondents, however, argued that the writ petition was not maintainable due to the alternative remedy available under the NGT Act, citing Municipal Corporation of Greater Mumbai v. Ankita Sinha, (2022). They contended that the petitioners’ negligent handling of dangerous explosives had caused severe damage and loss of life. The respondents defended the compensation awarded, emphasizing its reasonableness given the gravity of the incident.


The High Court, while acknowledging the exceptional circumstances, upheld its jurisdiction under Articles 226 and 227 of the Constitution despite the availability of alternative remedies. The Court cited M.P. High Court Advocates Bar Association v. Union of India, 2022 and Veena Gupta (supra) to support its intervention in cases where natural justice principles were violated. The Court noted that at the time of the NGT’s orders, neither the injured had been identified nor the nature of injuries determined. Similarly, the assessment of house damage and displacement was incomplete.


The Court at the outset pointed out that the Apex Court in the matter of Madhya Pradesh High Court Advocates Bar Association Vs. UOI & others, 2022, has held that National Green Tribunal under Sections 14 & 22 of the NGT Act does not oust the High Court's jurisdiction under Articles 226 & 227 as the same is a part of the basic structure of the Constitution. "In the instant case main grievance of the petitioners are that ex-parte order was passed without affording any opportunity of hearing by which liability of more than Rs. 15 crores have been saddled against the petitioners and the impugned order was passed in violation of principles of natural justice, consequently this court deemed it proper to entertain the writ petition and issued notices. In view of the judgment delivered by Apex Court in the matter of Madhya Pradesh High Court Advocates Bar Association (supra), Veena Gupta (supra) and Whirlpool Corporation (supra) objection regarding maintainability of writ petition is overruled and writ petition is held maintainable," the Court observed. The Court allowed the Petitioners to raise objection to the claim and passed appropriate directions. The Petition was accordingly allowed.

NGT Reiterates Directions on Exotic Magur Regulation 

28 December 2024 YouTube X LinkedIn


The National Green Tribunal (NGT) Principal Bench, in a hearing held on 24th December 2024, dismissed a petition filed by the Maa Durga Primary Fisherman Co-operative Society Ltd. seeking clarification of its earlier order regarding the regulation of the Exotic Magur fish species (Clarias gariepinus). The petition was considered by a Bench comprising Justice Prakash Shrivastava, Chairperson, and Dr. A. Senthil Vel, Expert Member.


Background of the Case: The applicant's petition, M.A. No. 92/2024, sought clarification of the Tribunal's order dated May 6, 2024, in Original Application No. 509/2024. The applicant raised two key concerns:



Tribunal’s Previous Order: In the original order dated 6th May 2024, the Tribunal had already addressed similar concerns raised in Original Application No. 509/2024. In that order, the NGT had issued clear directions to regulate the Exotic Magur:



Tribunal’s Ruling: After reviewing the petition for clarification, the NGT Bench, led by Justice Prakash Shrivastava and Dr. A. Senthil Vel, concluded that no further clarification was needed. The Tribunal observed that its 6th May 2024 order had already provided clear instructions on how the authorities should handle the identification and destruction of the Exotic Magur.


The Tribunal noted that the directions were comprehensive and sufficient to address the issues raised, including the identification of the prohibited fish species and the proper channels for sourcing catfish. Therefore, the Tribunal ruled that the clarification petition (M.A. No. 92/2024) was dismissed.

NGT Orders Urgent Action on Waste Management in Chandigarh

28 December 2024 YouTube X LinkedIn


The National Green Tribunal (NGT) Principal Bench, in a hearing on 12th December 2024, has expressed significant concerns regarding the compliance of the Union Territory (UT) of Chandigarh with the Municipal Solid Waste (MSW) Management Rules, 2016, and other environmental norms related to waste and sewage management. The Tribunal also noted several critical areas where Chandigarh is falling short in its environmental duties, particularly with regard to solid and liquid waste management.


Solid Waste Management Deficiencies: The Tribunal's Bench, comprising of Justice Prakash Shrivastava, Chairperson; Justice Sudhir Agarwal, Judicial Member; and Dr. A. Senthil Vel, Expert Member; highlighted the following issues in its review of the waste management system in Chandigarh:



Sewage Management Concerns: The NGT also examined the sewage treatment systems in Chandigarh and found several critical areas needing attention:


Financial Oversight: The Tribunal also reviewed the financial expenditure for waste and sewage management. It noted that out of the allocated Rs. 282 crore for waste and sewage management, Rs. 189.07 crore had already been spent. However, certain activities remained incomplete, and the Tribunal directed that the balance amount be utilized to address the pending tasks.


The NGT has ordered the UT Administration of Chandigarh to file a fresh action-taken report by affidavit at least one week before the next hearing, set for 08.09.2025. The report must address the deficiencies in solid and liquid waste management and outline the steps being taken to comply with the NGT's directives.

Diesel Generator Stack Height Violations Spark Green Tribunal's Admonition in Construction Project Case 

26 December 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, addressed critical violations of Environmental Clearance (EC) conditions in Miscellaneous Application No. 15/2024/EZ, linked to Original Application No. 11/2022/EZ.


The matter involves allegations by the Z1 Residents’ Welfare Association against Z Estates Private Limited and others, with the Odisha State Pollution Control Board (OSPCB) and the State Environment Impact Assessment Authority (SEIAA), Odisha, under scrutiny for lapses.


An affidavit filed by the OSPCB on 30th November 2024 revealed a significant breach of stack height requirements for diesel generator (D.G.) sets. As per the inspection reports, the stack height of the D.G. sets installed by Z Estates Private Limited measures only 6.06 meters, far below the required minimum height of 48.89 meters. This contravenes the conditions stipulated in the EC dated 16th August 2011.


The EC conditions under the operation phase mandate that the height of the D.G. set stack must exceed the height of the tallest building (40 meters in this case) to comply with the Environment Protection Rules, 1986, ensuring adequate dispersion of emissions.


While SEIAA argued that the responsibility for enforcing stack height compliance rests with the OSPCB, the Apex Green Court's Kolkata Bench rejected this claim as misconceived and contradictory to the EC conditions. Justice Sthalekar emphasized that SEIAA’s role in granting ECs requires strict enforcement of environmental safeguards.


Additionally, the Tribunal noted that the SEIAA had granted subsequent ECs to the Project Proponent company despite evident violations, highlighting negligence by its officials.


Directives Issued by the Tribunal: 


The Tribunal has scheduled the next hearing on 19th February 2025. SEIAA is required to file a detailed affidavit by this date, specifying actions taken against the officials responsible for lapses in EC enforcement and addressing the D.G. set stack height violations. Renowned Advocate Sankar Prasad Pani is advocating for the Applicant in this matter. 

NGT Transfers Itarsi Pollution Case as MPPCB Reports Excess Lead in Borewells, But No Lead Tested in Ordnance Factory Effluent 

19 December 2024 YouTube X LinkedIn


A Bench of the National Green Tribunal (NGT) comprising Justice Arun Kumar Tyagi, Judicial Member and Expert Member Dr. Afroz Ahmad, held a hearing on 18th December 2024 in the matter of Original Application (O.A.) No. 930/2024. The matter pertains to alleged discharge of untreated effluent by the Ordnance Factory in Itarsi, Madhya Pradesh. The case, originally filed as a letter petition by Mahesh Patel, President of the Ayudh Nirmani Mazdoor Congress, and registered as O.A. No. 930/2024 after being treated by the NGT under the orders of the Tribunal's Chairperson.


The applicant raised concerns about the environmental damage caused by the discharge of untreated industrial effluent from the Ordnance Factory in Itarsi, located in the Narmadapuram district of Madhya Pradesh. In response, the Tribunal had constituted a Joint Committee comprising representatives from the Madhya Pradesh State Pollution Control Board (MPPCB), the Central Pollution Control Board (CPCB), and the District Magistrate of Hoshangabad, with directions to submit a factual report.


The Joint Committee submitted its report on 17th October 2024, followed by analysis reports from MPPCB and CPCB in late November 2024. The submissions of 25th November 2024 enclosed with test reports reveal that Lead was found to be 0.027 mg/l in one borewell inside the Kendriya Vidhyalayon 3rd October 2024. This exceeds Drinking water standard as per IS: 10500:2012 Acceptable limit. However, in the samples of 5th November 2024 Lead was found to be 0.06 mg/l and 0.05 mg/l in two borewells inside the Kendriya Vidhyalay.  

However, the MPPCB has not reported Lead in the treated effluent samples collected from Ordnance Factory, Itarsi at Outlet of ETP. 


Despite taking cognizance of the matter, the Tribunal acknowledged that the issue originated within the jurisdiction of the Central Zone Bench at Bhopal. Therefore, it was decided that the substantial environmental concerns related to this case would be more appropriately heard and decided by the Central Zone Bench. As a result, the matter has been transferred to the Central Zone Bench at Bhopal and is scheduled for a hearing on 30th January 2025, subject to approval from the NGT Chairperson. 

Apex Green Court Reviews Government's Response on Arsenic Contamination in Rice 

19 December 2024 YouTube X LinkedIn


The National Green Tribunal (NGT), India's Apex Green Court, continued the hearing in Original Application No. 538/2024 on 16th December 2024, concerning the issue of arsenic contamination in food, particularly rice, as highlighted in a news item titled "Arsenic in Food: Should You Wash Rice Before Cooking It," published in Times Now on 31st March 2024.


The Ministry of Agriculture and Farmers Welfare, in its reply dated 12th December 2024, informed the Tribunal about the significant arsenic contamination in groundwater, particularly in the states of West Bengal and Bihar. The contamination stems from geogenic sources, affecting the soil, plant, animal, and human systems. Rice, being water-intensive, is particularly vulnerable to arsenic accumulation, as irrigation with contaminated groundwater leads to arsenic buildup in rice grains, which is then transferred to the food chain. The Ministry also stated that the arsenic content in various plant parts follows a distribution pattern, with roots, stems, and leaves containing higher arsenic levels compared to the edible parts, such as fruits and grains.


The Indian Council of Agricultural Research (ICAR), consulted by the Ministry, has proposed several remedial measures to minimize arsenic contamination. These include replacing Boro rice with less water-demanding crops, promoting arsenic-tolerant rice varieties, and adopting agronomical interventions such as the use of biochar, silicate fertilizers, and improved irrigation management. Other measures include storing arsenic-contaminated groundwater in ponds and promoting the recharge of groundwater with rainwater.


Given the significance of ICAR's recommendations, the Tribunal decided to implead ICAR as a respondent in the case, with the Indian Council of Agricultural Research now named as Respondent No. 4. Counsel for ICAR accepted the notice and sought four weeks to file a reply.


The case, registered as Original Application No. 538/2024, has been scheduled for the next hearing on 15th April 2025, with the NGT continuing to address the serious environmental and health implications of arsenic contamination in food and water.

India's Apex Green Court Takes Up Feral Horse Conservation Crisis 

19 December 2024 YouTube X LinkedIn


The National Green Tribunal (NGT) Principal Bench, under the leadership of Justice Prakash Shrivastava, Chairperson,convened a hearing on 16th December 2024 regarding Original Application No. 1372/2024. The case was initiated suo-motu based on a news article titled "The Last Feral Horses in India", which appeared in Mongabay on 5th November 2024. The article brought attention to the critically endangered status of the feral horses in Dibru-Saikhowa National Park, Assam, India. These horses, which have survived in the wild for nearly 80 years, are believed to be descendants of war horses from World War II or possibly from China's Przewalski’s horses. The Dibru-Saikhowa National Park is the only place in India where these horses can be found.


The article described several threats to the survival of these horses, including smuggling, habitat loss, and flooding. In 2020, authorities allegedly intercepted a truck attempting to smuggle six of these horses. However, because the feral horses are not covered under the Wildlife Protection Act of 1972, they are not considered wild animals, making prosecution difficult. The article also pointed out that the horses are facing increasing challenges due to frequent flooding of the Brahmaputra River, which damages grazing grounds and accelerates land erosion within the park. This reduces the available space for the horses to live and further limits their access to food. The article also highlighted that human activities, including cattle farming from nearby villages, are further degrading the horses' habitat.


These concerns raised by the article point to violations of key environmental laws, such as the Biodiversity Act, 2002 and the Environment Protection Act, 1986. The matter raised significant questions regarding compliance with environmental norms and the implementation of measures meant to protect endangered species. Recognizing the seriousness of the issue, the NGT took suo-motu cognizance of the matter, emphasizing the need for immediate intervention to prevent the extinction of the feral horses. The Tribunal issued notices to several respondents, including the Chief Wildlife Warden of Assam, the National Biodiversity Authority, the Ministry of Environment, Forest and Climate Change, the Wildlife Institute of India, and the Zoological Survey of India. These respondents have been directed to file their responses by affidavit before the Eastern Zonal Bench of the NGT in Kolkata by the next hearing date on 27th February 2025.


Given the regional importance of the matter, the NGT transferred the case to the Eastern Zonal Bench in Kolkata for further proceedings. 

NGT Pune Bench Sets Aside GCZMA Order to Demolish Ganapati Visarjan Platform

16 December 2024 YouTube X LinkedIn


The National Green Tribunal (NGT) Western Zone Bench, Pune, today released the Order dated 29th November 2024 on the Appeal No. 45 of 2022 (WZ) and an associated application regarding the demolition of the Ganapati Visarjan platform at Bandir Wada, Chapora Bardez, Goa. The platform, intended for Ganesh idol immersion, is also seen as a critical flood-control and anti-soil erosion measure.


The appeal challenges an order dated 11th August 2022 by the Goa Coastal Zone Management Authority (GCZMA), which directed the demolition of additional construction on the platform. The appellant, Siddesh Salgaonkar, argued that the order was issued without a proper show-cause notice or opportunity for a hearing, claiming that only the Water Resources Department (WRD) and the civil contractor were notified.


The platform's original dimensions, 4.5m x 10m, were extended to 10m x 20m following public demands for beautification and functionality enhancements. The extension, however, was contested by locals and environmentalists, citing alleged encroachments and disruptions to traditional access to the Chapora River.


The appellant emphasized that demolishing the platform could lead to severe environmental damage, including flooding of nearby houses and soil erosion. These claims were substantiated by site inspection reports from the North Goa District Disaster Management Authority and other authorities, which highlighted the platform's role in strengthening erosion control and safeguarding nearby structures during high tides and floods.


Key Observations from the Tribunal


Legal History and Challenges
The dispute has seen multiple legal battles:


Tribunal’s Observations and Order:
The NGT noted that while the platform’s compliance with pre-1991 regulations remains unclear, its demolition could pose significant risks to the community and environment. The Tribunal also acknowledged GCZMA's admission that removing the structure might exacerbate flooding and wash away traditional pathways, underscoring the importance of a cautious resolution.


Considering these concerns, the Tribunal examined the report submitted by the North Goa District Disaster Management Authority, dated 5th July 2024. The report highlighted that the Ganapati Visarjan Platform, though dilapidated, serves as a protective safety wall, restricting floodwater from entering nearby houses and preventing soil erosion. It warned that demolition could result in flooding of adjacent houses and soil degradation.


Agreeing with these findings, the Tribunal allowed the appeal, setting aside the impugned order dated 11th August 2022, issued by the Goa Coastal Zone Management Authority (GCZMA), which had directed the demolition. The application I.A. No. 155 of 2022 (WZ) was also disposed of, with no order as to costs.

NGT Directs Submission of Lab Reports, Highlights Its Role as Court of First Instance in Tackling Hooghly River Pollution

13 December 2024 YouTube X LinkedIn


The National Green Tribunal (NGT), Eastern Zone Bench, held a hearing on Original Application No. 75/2023/EZ concerning severe environmental pollution caused by industrial effluents being drained into the Hooghly River. The case, filed by Ankur Sharma, seeks to address the pollution in the Sarenga Canal, which is allegedly contaminated by toxic discharges from hundreds of industrial units in the Howrah district of West Bengal.


The inspection reports and lab data emerged as one of the key developments in the case. During the hearing, Ankur Sharma, the applicant, raised concerns about the Inspection Report filed by the District Magistrate of Howrah on 30th September 2024. He pointed out that while the report included a chart detailing data from various industrial units, it lacked the corresponding laboratory reports that would validate these figures. In response, the counsel for the State Government of West Bengal, argued that lab reports were typically used as corroborative evidence in criminal or civil cases, not in environmental matters.

The NGT Bench, consisting of Justice B. Amit Sthalekar and Dr. Arun Kumar Verma, expressed surprise at this submission, stressing that the NGT serves as the court of first instance for environmental issues. The Tribunal emphasized that all relevant evidence, including lab reports, must be presented before it. The bench ordered the District Magistrate of Howrah to file a revised affidavit, including the required lab reports to support the figures in the inspection chart. The affidavit must be submitted within four weeks.


The applicant also pointed out that the Respondents had failed to comply with the installation of the Common Effluent Treatment Plant (CETP) in the Howrah area. This plant is vital to address the untreated industrial waste being released into local water bodies. He referenced an earlier report by the West Bengal Pollution Control Board (WBPCB) detailing the status of action plans for Howrah, which mentioned the CETP’s installation but did not include any compliance updates.


In response, the NGT directed the District Magistrate to submit an Action Taken Report regarding the installation and operation of the CETP. The report must specifically address the West Bengal Pollution Control Board’s findings and the progress on the CETP’s establishment.


The Original Application filed by Ankur Sharma details the severe pollution caused by various industrial units in the area. The applicant alleges that factories, including dyeing and bleaching factories, galvanizing plants, foundries, and chemical manufacturing units, are discharging untreated toxic effluents into the Hooghly River via the Sarenga Canal. This canal, also known as Barjola Canal, is owned by the Department of Irrigation and Waterways of the Government of West Bengal.


The pollution has been devastating to the local environment. The untreated effluents are contaminating the river, nearby ponds, water bodies, and agricultural land, leading to soil degradation and ecological damage. Notably, the stretch of the Barjola Canal from the Jalan Industrial Complex to the Sarenga area, particularly near the Ghoraghat Bridge, is identified as one of the most polluted zones. This section of the canal is said to discharge effluents directly into the Hooghly River, significantly harming the local ecology.


The applicant has submitted that despite multiple complaints to various government bodies, including the West Bengal Pollution Control Board, the Ministry of Environment, Forests and Climate Change, and the Central Pollution Control Board, no effective action had been taken to curb the pollution. 


The NGT directed that a copy of the order be sent to the Law Secretary of the Government of West Bengal for information, signaling the seriousness with which the Tribunal views the case. The Tribunal set the next hearing for 11th February 2025, asking the authorities to take prompt and concrete actions to address the pollution crisis.

NGT Directs Action Against Illegal Mining in Seoni; Penalties Imposed on Violators, MPPCB Awaits Approval for Environmental Compensation

12 December 2024 YouTube X LinkedIn


The National Green Tribunal (NGT), Central Zone Bench, Bhopal, addressed allegations of illegal mining activities in the village of Kasai, Tehsil Lakhnadon, District Seoni, Madhya Pradesh, during a hearing on 11th December 2024. The matter, listed as Original Application No. 146/2024 (CZ), was brought by the applicant, Kishore Anand Shrivastava, who cited severe violations by respondents engaged in mining and crushing operations in the area.


The applicant alleged that Jain Stone Crusher, Deepak Kumar Jain Bolder Mine, Sanjeev Kumar Jain Bolder Mine, and Vijay Kumar Jain were extracting minerals from depleted reserves, conducting unauthorized mining over 3.53 hectares of agricultural land, and operating in nearby areas without valid leases or permissions. Additionally, the mining activities involved deep excavation, reaching depths of 12–15 meters, which obliterated seasonal drains vital to the local ecosystem. The applicant further claimed that the respondents operated without the required consents under the Air and Water Acts, causing irreversible environmental and ecological damage.


The Tribunal, presided over by Justice Sheo Kumar Singh (Judicial Member) and Dr. A. Senthil Vel (Expert Member), reviewed the findings of a joint committee formed to investigate these allegations. The committee’s site visit confirmed the violations, leading to the imposition of penalties and recommendations for corrective measures.


In response to these findings, the Madhya Pradesh Pollution Control Board (MPPCB) took several actions against Deepak Kumar Jain and Jain Stone Crusher. In compliance with an Office Memorandum issued by the Ministry of Environment, Forest and Climate Change (MoEF&CC) on 28th April 2023, the MPPCB directed Deepak Kumar Jain to cease mining and stone crushing operations beyond 27th October 2024. This directive aligns with the judgment in Jayant Kumar v. MoEF&CC and Ors., where the NGT Principal Bench mandated the reappraisal of mining leases with Environmental Clearances (ECs) granted by District Environmental Impact Assessment Authorities (DEIAAs) before 11th December 2018. The judgment declared that mining under ECs granted by DEIAAs on or after 12th December 2018 is illegal unless appraised and approved by the SEIAA in accordance with EIA 2006 provisions.


The MPPCB also instructed Deepak Kumar Jain and Jain Stone Crusher to undertake plantation activities around the mine and stone crusher to mitigate environmental impacts. Additionally, the Board identified that Deepak Kumar Jain exceeded his consented production capacity by 428 cubic meters in 2020 without securing approval for expansion. For this violation, the MPPCB proposed imposing Environmental Compensation, and the proposal has been sent to its Head Office for approval.


The Mining Department of Seoni, citing violations of the M.P. Minor Minerals Rules, 1996, imposed penalties on Deepak Kumar Jain and Sanjeev Kumar Jain. Deepak Kumar Jain was fined ₹6,00,000, and a show-cause notice was issued under Rule 30(27) of the Rules via letter no. 961, dated 19th September 2024. Similarly, Sanjeev Kumar Jain was fined ₹4,00,000, with a show-cause notice issued under the same rule via letter no. 962, dated 19th September 2024.


The State of Madhya Pradesh submitted a reply emphasizing the actions taken based on the committee’s recommendations. Surprise inspections by the Mining Department resulted in the penalties mentioned above, and partial payments have been made by the violators.


The Central Pollution Control Board (CPCB) highlighted the need for strict enforcement of environmental laws, including the Water Act, 1974; Air Act, 1981; and Environmental Protection Act, 1986. It stressed that violations should be addressed by the State Pollution Control Board (SPCB) according to the rules.


The SPCB, in its response, confirmed allegations of excess mineral excavation. The Mining Department calculated penalties and environmental compensation, which were realized after due inquiry. The Tribunal, after reviewing the records and the joint committee report, noted that the validation of environmental clearance is pending with the SEIAA. It directed the SEIAA to expedite the process and stressed the importance of implementing measures such as water sprinkling and plantation to ensure environmental compliance. The SPCB was instructed to take additional remedial steps. With these observations, Original Application No. 146/2024 was disposed of.

NGT Directs Odisha Space Applications Centre to Assess Environmental Impacts of Sand Mining in Rahadpur Quarry 

12 December 2024 YouTube X LinkedIn


On 11th December 2024, the National Green Tribunal (NGT), Eastern Zone Bench, Kolkata, convened to hear Interlocutory Application (I.A. No. 124/2024/EZ) in Original Application No. 06/2024/EZ, concerning allegations of illegal mining activities in the Rahadpur Stone Quarry, located in Jajpur District, Odisha. The matter was brought before the tribunal by applicants who are residents of Jajpur District. They raised concerns about the environmental and socio-economic impacts of mining operations conducted by Satya Multiplex Private Limited (Respondent No. 12) at the quarry site. The case was presided over by Justice B. Amit Sthalekar, Judicial Member, and Dr. Arun Kumar Verma, Expert Member.


The I.A. No. 124/2024/EZ was filed by the applicants, seeking an assessment by the Odisha Space Applications Centre (ORSAC) to determine the quantum of minor minerals excavated, identify illegal mining activities, and assess the distance between the quarry and the Paikarapur and Ranibandh Minor Irrigation Projects (MIPs). The tribunal granted this request and directed the Deputy Director of Mines, Jajpur, to conduct a fresh inquiry with ORSAC’s assistance. This inquiry will focus on the extent of mining beyond the lease area, the impact of the quarry on local irrigation projects, and the environmental and socio-economic effects of excessive mining activities.


The inquiry is also expected to examine potential violations of environmental regulations related to the quarry’s operations.


The State Respondents, including the Odisha Government, have been directed to file an affidavit detailing the Action Taken Report (ATR) by 14th February 2025. This report will outline the steps taken to address the allegations and ensure compliance with environmental regulations.


Background and Allegations:
The Rahadpur Stone Quarry, operated by Satya Multiplex Private Limited, is located in the Dharmsala Tahasil of Jajpur District, Odisha. The quarry, which was granted an Environmental Clearance on 2nd June 2022, is licensed to mine building stones and road metal over an area of 104.77 acres (42.40 hectares). However, local residents and environmental groups have expressed concerns about the quarry's environmental impacts, particularly on the Paikarapur and Ranibandh MIPs. These projects play a vital role in providing water for agriculture in the region. The applicants also highlighted that the quarry’s operations are situated near the Nischinta Reserve Forest, posing potential risks to its biodiversity.


The applicants allege that mining activities have resulted in the degradation of agricultural lands, destruction of natural resources, and adverse health effects on nearby communities due to air and water pollution. Additionally, a letter from the Assistant Executive Engineer of the Minor Irrigation Division, Badachana, raised concerns about the siltation of nearby dams caused by mining operations.


Renowned Advocate Sankar Prasad Pani, assisted by Advocate Ashutosh Padhy, represents the applicants in the case titled Babuli Jena & Ors. versus State of Odisha & Ors.


The next hearing in this matter has been scheduled for 14th February 2025, during which the progress of the inquiry and any additional developments will be reviewed.

NGT Allows Withdrawal of Application Seeking Penal Action Under Section 26 of NGT Act in Jammu & Kashmir Case 

7 December 2024 YouTube X LinkedIn


In the Original Application No. 151/2023 pertaining to illegal mining in Jammu and Kashmir, an Interlocutory Application I.A. No. 628/2024 was filed. Hearing on the matter the bench of Justice Sudhir Agarwal, Judicial Member and Dr. Afroz Ahmad, Expert Member allowed the withdrawal of the IA with liberty to approach the appropriate forum.


The applicant was seeking penal action under Section 26 of the NGT Act, 2010 for non-compliance with the Tribunal's orders. 


However, counsel for the applicant, Prakash Pandey, sought withdrawal of the application, citing that offenses under Section 26 of the NGT Act are triable only before a Metropolitan Magistrate or Judicial Magistrate First Class. The Tribunal on 5th December 2024 allowed the withdrawal with liberty to approach the appropriate forum.


Notable that in the judgment pronounced on 4th September 2024, the Tribunal directed the cessation and relocation of industrial units operated by Dewan Stone Crusher and Shahzad Shubnum Contractor in Chaktroo village, Tehsil Haveli, District Poonch, Union Territory of Jammu and Kashmir. The Tribunal also imposed an interim environmental compensation of ₹7.2 lakh on the violators for their failure to adhere to environmental laws and norms.


The case, brought by Hassina Wajid, Sarpanch of Gram Panchayat Chaktroo, alleged rampant illegal mining, unregulated operations of stone crushers, and gross violations of environmental regulations by respondents 6, 7, and 8 under the National Green Tribunal Act, 2010, and the Jammu and Kashmir (Stone Crushers/Hot and Wet Mixing Plants Regulation) Rules, 2021.


The Original Application No. 151/2023 highlighted several violations by Dewan Stone Crusher, Shahzad Shubnum Contractor, Shahzad Shabnam-respondents 6, 7, and 8, including:


Despite repeated complaints by the Sarpanch and villagers to the Jammu and Kashmir Pollution Control Committee (JKPCC), no effective action was taken, compelling the applicant to approach the Tribunal under Sections 14, 15, and 18 of the NGT Act, 2010.


The judgment, pronounced by Justice Sudhir Agarwal (Judicial Member) and Dr. Afroz Ahmad (Expert Member), included the following directives:


The compliance report due in February 2025 will provide further clarity on the implementation of the Tribunal’s directions and the environmental impact of corrective measures.

NGT Addresses Pollution Crisis in Jammu & Kashmir Water Bodies: Neel Ganga and Dal Lake Under Scrutiny 

4 December 2024 YouTube X LinkedIn


Recently, the National Green Tribunal (NGT) held hearings on two suo moto cases from Jammu and Kashmir, highlighting critical environmental challenges. One concerns the severe pollution of water bodies in Bhadarwah Valley, including the sacred Neel Ganga River, while the other focuses on the alarming decline of Dal Lake due to sewage, urbanization, and plastic waste. Both cases underscore the pressing need for corrective measures to protect these vital ecosystems and the communities dependent on them. 


Original Application No. 178/2024 pertains to a news item titled "Increasing pollution badly affecting water bodies in Bhadarwah," published in Greater Kashmir on 15th January 2024. The article highlights that the growing population near water bodies and the absence of a proper sewerage system are severely impacting the water bodies in Bhadarwah Valley. It mentions that sacred water bodies, including the Neel Ganga (Neeru) River, are being polluted by human waste from hundreds of washrooms and non-biodegradable materials. Four streams—Puneja Nallah, Halian, Haloon, and Hanga—along with the Neel Ganga River, which were once sources of potable water, are now dangerously polluted. Environmentalists have raised concerns, warning that if immediate corrective measures are not taken, the situation could escalate into a severe crisis, with water pollution already reaching critical levels. The pollution has disrupted the aquatic ecosystem, adversely affecting aquatic life and posing significant health hazards to humans. The news item also underscores the need to ensure compliance with environmental norms and the proper implementation of scheduled enactments.


In a hearing conducted on 2nd December 2024, the NGT was informed that the Jammu and Kashmir Pollution Control Committee (J&KPCC) had recovered environmental compensation amounting to ₹11.55 lakh. Additionally, the District Magistrate, Doda, clarified that while the Neeru River is identified as a river, it has been recorded as a nallah in the Urdu revenue records. On 21st August 2024, the Tribunal noted its ongoing examination of issues regarding water body pollution, including the Neel Ganga River, caused by inadequate sewage systems and waste disposal practices. Earlier, on 8th May 2024, the Tribunal had addressed contradictory claims by the Deputy Commissioner, Doda, and the J&KPCC regarding whether Neeru was a nallah or a river. On 28th February 2024, the Tribunal directed the District Magistrate to submit a report with a time-bound action plan for remediation. Despite extensions, the report was delayed, leading to the acceptance of further time requests for submission.


Original Application No. 504/2024 is based on a news item titled "The Drowning Jewel: Tapestry of Dal Lake’s Decline and Fishing Community’s Struggle in Kashmir," published in The Wire on 1st March 2024. This matter was also heard on 2nd December 2024, during which the Member Secretary of the J&KPCC sought one month's time to submit a report from the Joint Committee. The news item sheds light on the deteriorating condition of Dal Lake due to municipal sewage, urbanization, and pollution, which have significantly impacted the lives of the Hanji community living on houseboats. It reveals that the lake is overwhelmed by plastic waste, garbage, and untreated sewage, leading to the destruction of aquatic life. Fish populations have declined, and lotus stem cultivation has ceased due to pollution. At one time, the lake water was potable, but now it is unfit even for basic use. The article also criticizes the under-maintained sewage treatment plants (STPs), noting that 70% of Srinagar's sewage flows into the lake. Furthermore, the surge in tourism and the Smart City project launched in 2019 have exacerbated the pollution. The situation has adversely affected the livelihood of the Hanji people, particularly those dependent on fishing.


Both matters are listed for further consideration on 25th March 2025.

NGT Raps Haryana Authorities for Defying Orders on Pond Restoration 

4 December 2024 YouTube X LinkedIn


The National Green Tribunal (NGT) has expressed severe displeasure over the continued non-compliance with its orders regarding the restoration of a water body in Silokhra village, Sector 41, Gurugram, Haryana. The Tribunal, in its hearing on 2nd December 2024, termed the conduct of Haryana authorities, including Haryana Shehri Vikas Pradhikaran (HSVP) and Gurugram Metropolitan Development Authority (GMDA), as a blatant defiance of its directives, warning of stringent action under the NGT Act, 2010.


Background and Orders

The case pertains to Original Application No. 391/2022, where Brigadier Paramjit Singh and others sought the restoration of a water body designated as a pond. In its judgment dated 17th March 2023, the NGT directed the authorities to restore the pond within a year. The project was to include pathways, indigenous tree plantations, solar-powered devices, and other ecological enhancements to make the water body operational. HSVP was tasked with reporting compliance in October 2023 and April 2024, failing which the responsible officers were mandated to appear before the Tribunal.


Despite repeated warnings, reports filed revealed persistent delays. Even after extending the deadline to 2nd November 2024, the work remains incomplete.


Defiance of Tribunal’s Directives

The GMDA admitted to making unauthorized changes to the restoration plan. It cited "technical requirements" and environmental considerations, such as preserving 15 existing trees, as reasons for altering the design. The GMDA opted to create two smaller ponds totaling 6,783 sq. meters, exceeding the original pond area of 6,130 sq. meters, without seeking the Tribunal’s approval.


NGT had previously reprimanded the authorities on 3rd May 2024 for deviating from the approved designs without permission. The Tribunal warned that such unauthorized alterations rendered the compliance incomplete and liable for legal consequences under Sections 25 and 26 of the NGT Act, including arrest and detention of violators.


Current Status

In its latest report, GMDA stated that while excavation of two ponds and plantation work were completed, installations such as solar lights, fencing, and benches were still pending and would require another three months. The Tribunal dismissed the repeated delays and requests for retrospective approval of design changes, emphasizing that adherence to its original directions was mandatory.


Implications and Next Steps

The NGT has reserved its right to initiate prosecution for non-compliance, ordering responsible officers, including the Chief Administrator of HSVP and CEO of GMDA, to execute the project per the original approved plan. The Tribunal has granted no further extensions and insisted that no deviation from the mandated blueprint will be tolerated.

Neighbouring Industries Taj Forging and Poly Medicure Clash Over Environmental Dispute at NGT 

4 December 2024 YouTube X LinkedIn


An interesting case has been brought before the National Green Tribunal (NGT) Principal Bench, comprising Justice Arun Kumar Tyagi, Judicial Member, and Dr. A. Senthil Vel, Expert Member. Neighboring industries have accused each other of causing environmental harm and are seeking justice through the Tribunal.


The Bench conducted a hearing on Original Application No. 1336/2024, filed by Taj Forging Pvt. Ltd., a forging and machining unit operating in IMT Faridabad, against the Haryana State Pollution Control Board (HSPCB) and others. The application sought to quash a second show-cause notice issued by HSPCB on 5th November 2024.


Taj Forging Pvt. Ltd. filed the application under Sections 14 and 15 of the National Green Tribunal Act, 2010. The application alleged that the HSPCB's notice was arbitrary, illegal, and issued under political pressure. It also requested an interim stay on the notice and the maintenance of the status quo.


The dispute originated from a complaint filed on 16th October 2023 by Poly Medicure Ltd., a neighboring unit engaged in manufacturing medical devices. Poly Medicure alleged that Taj Forging was causing noise pollution, structural vibrations, and damages, including cracks and seepage, to its building. This issue was initially raised in Original Application No. 221/2024, where the NGT directed the HSPCB to investigate and submit an action-taken report by 5th March 2024.


Following inspections conducted on 30th April 2024, the HSPCB issued its first show-cause notice on 16th May 2024. Taj Forging responded on 29th May 2024; however, without addressing the reply, the HSPCB conducted another inspection on 5th September 2024. This inspection led to the issuance of a second show-cause notice on 5th November 2024, threatening closure orders.


Taj Forging contended that:


The applicant's counsel emphasized procedural lapses by HSPCB, including the failure to consider the reply to the first notice and the issuance of the second notice without adhering to proper legal procedures.


The Tribunal noted that the case raised significant environmental questions concerning compliance with the Air (Prevention and Control of Pollution) Act, 1981, the Environment (Protection) Act, 1986, and the Noise Pollution (Regulation and Control) Rules, 2000. Poly Medicure Ltd. was listed as Respondent No. 3 in the case.


Pending further deliberations, the Tribunal directed that no coercive action be taken against Taj Forging based on the 5th November 2024 notice. However, the company was instructed to ensure compliance with environmental norms and noise control regulations.


The case has been scheduled for further consideration on 6th February 2025, giving the respondents time to file their replies.

NGT Examines Fly Ash Disposal Issues Amid Complaints of Environmental Violations; Union of India Given Time to Submit Updates 

4 December 2024 YouTube X LinkedIn


The National Green Tribunal (NGT) Principal Bench, in a recent hearing held on 3rd December 2024, reviewed a series of original applications and interim applications related to the disposal and management of fly ash. The cases involve the Amaravati Fly Ash Bricks Manufacturers Association, the Tamil Nadu Fly Ash Bricks and Blocks Manufacturers Association, and the Union of India. These applications seek to address the adverse environmental impact caused by improper handling and disposal of fly ash, a byproduct of thermal power plants.


The following cases were presented during the hearing:


Key Issues Raised:


Tribunal’s Orders:


Previous Hearings:

Earlier hearings have focused on similar issues, including a previous case on 10th May 2022, when the NGT heard a petition from the Tamil Nadu Fly Ash Bricks and Blocks Manufacturers Association, which raised concerns regarding the inefficiencies in fly ash distribution and its environmental impact.

PHED Exposes Haryana SPCB’s Inaction Against Polluting Industries in Bawal

3 December 2024 YouTube X LinkedIn


The National Green Tribunal (NGT) has taken the bull by the horns, addressing pressing concerns over unauthorized industrial effluent discharge in Haryana's Rewari District. According to a recent submission before the NGT, the Public Health Engineering Department (PHED), Rewari, submitted its affidavit and compliance report regarding Original Application No. 627 of 2022 and I.A. No. 858/2023. This was in response to findings from the Central Pollution Control Board (CPCB) dated 18th October 2024.


Operational Challenges at STPs:

PHED highlighted both the hurdles, and the strides made to ensure compliance across its five sewage treatment plants (STPs):


Industrial Effluents Throw a Wrench in STP Operations:

The CPCB report painted a grim picture of untreated industrial effluent entering domestic sewage systems. PHED underscored this challenge, revealing dangerously high levels of chemical oxygen demand (COD) and biological oxygen demand (BOD) in the raw sewage entering STPs.


Industrial Violations Uncovered:

The PHED identified 169 industrial units near domestic sewage networks in Rewari, Bawal, and Dharuhera as the primary offenders. These units are alleged to release untreated effluents, often during early morning or late-night hours, conveniently evading regulatory monitoring.


PHED's Plea to the NGT:

In its affidavit, the PHED urged the tribunal to take decisive action, calling for:


This case has also shed light on long-standing differences between the PHED and HSPCB. While activists and concerned individuals have often raised the alarm over industrial pollution in the Dharuhera and Rewari regions, the HSPCB has frequently turned a blind eye, drawing criticism for its laxity.


This saga is a wake-up call for regulators to get their act together. The NGT's intervention may finally force HSPCB to stop paying lip service and take its responsibilities seriously. If the tribunal plays its cards right, it could herald a new chapter of accountability and environmental governance in Rewari. 

Historic Climate Change Hearings Begin at ICJ, Marking Largest Case in UN Court’s History 

3 December 2024 YouTube X LinkedIn


The International Court of Justice (ICJ) began public hearings on 2nd December 2024, focusing on the legal responsibilities of states in addressing climate change. These proceedings are expected to set a record for oral statements and are part of a process leading to the court’s advisory opinion. This opinion will clarify states’ obligations under international law to protect the environment and outline the consequences for failing to meet these responsibilities. The hearings will continue until 13th December 2024 in The Hague, Netherlands.


These proceedings aim to provide clarity on the legal framework surrounding climate change. Specifically, the ICJ has been asked to address two key questions:


The case originated from the Pacific Island nation of Vanuatu, which, in September 2021, sought the ICJ's opinion to address the vulnerabilities of small island states to climate change. The initiative, driven by the youth-led Pacific Island Students Fighting Climate Change, gained traction globally. After extensive lobbying, the UN General Assembly adopted resolution A/RES/77/276 on 29th March 2023, supported by 132 countries. The resolution cited foundational legal instruments, including the UN Charter, Paris Agreement, and various international conventions, emphasizing the duty to prevent significant harm to the environment.


Advisory opinions can only be requested by specific UN organs and agencies. The General Assembly transmitted this request to the ICJ in April 2023. Advisory opinions are non-binding but hold significant moral and legal authority, influencing national and international law. After written statements and comments from participating states and organizations, the ICJ decided to hold oral hearings, allowing parties to elaborate on their submissions.


This case is unprecedented in scope, with 91 written statements and 62 additional comments submitted by the extended deadline of 15th August 2024. Ninety-seven states and eleven international organizations are participating in oral proceedings. The hearings are particularly significant for small island developing states, which are among the most vulnerable to climate change.


The hearings come amid criticism of the recent COP29 agreement to provide $300 billion annually in climate finance by 2035, which developing nations deemed insufficient. Representatives from vulnerable states have highlighted their urgent need for stronger international support.


While the ICJ's advisory opinions do not impose binding obligations, they carry substantial influence. They may shape international climate policy, inform domestic and international litigation, and bolster accountability for climate action. UN Secretary-General António Guterres emphasized that the ICJ’s opinion could guide states toward decisive climate action, serving as a critical step in addressing the global climate crisis.

NGT Slaps ₹20 Lakh Compensation on MCD for Environmental Negligence Affecting Visually Impaired Students in West Delhi 

3 December 2024 YouTube X LinkedIn


In a significant decision, the National Green Tribunal (NGT), Principal Bench, has imposed a compensation of ₹20 lakh on the Municipal Corporation of Delhi (MCD) for its failure to address the environmental hazards posed by an overflowing garbage receptacle near the Akhil Bhartiya Netrahin Sangh School in Raghubir Nagar, West Delhi. The order was passed following a suo motu action based on a news article in the Millennium Post dated 30th April 2024, which highlighted the deplorable living conditions faced by the visually impaired students due to the proximity of the garbage dump and open sewage holes.


The bench, comprising Justice Prakash Shrivastava (Chairperson), Justice Sudhir Agarwal, Justice Arun Kumar Tyagi, and Dr. Afroz Ahmad (Expert Member), concluded that the MCD's negligence had caused serious environmental damage and health risks to the students. The school, operational since 1971, has been offering free education and accommodation to visually impaired children. However, for decades, it has faced the severe challenge of managing the repercussions of the adjacent garbage receptacle.


The tribunal observed that the overflowing garbage, combined with open sewage holes, had rendered the area surrounding the school unhygienic and hazardous. The issue gained attention after the Millennium Post article detailed the plight of the students. The report revealed that the garbage overflow had reached the school's dining hall, where students shared meals, posing a direct health threat. It also noted that the dump had attracted stray animals such as dogs and cows, further compounding the unsanitary conditions.


Parents voiced grave concerns about the safety and well-being of the students, citing instances where children fell into open sewage drains, leading to severe injuries. The visually impaired students, who already face significant challenges, expressed feelings of suffocation and entrapment due to the environmental hazards. The article quoted a student saying, "The sewage overflow and the garbage dump has trapped us inside, suffocating us. Just because we are visually impaired, don’t we deserve the chance to experience the world beyond these walls?"


In its initial order dated 31st May 2024, the NGT had taken cognizance of the matter and issued notices to the respondents. Reports subsequently submitted by the Delhi Pollution Control Committee (DPCC) and the Central Pollution Control Board (CPCB) corroborated the allegations made in the news article. An inspection conducted by DPCC officials on 12th September 2024 revealed that the garbage receptacle, known as dhalao D-5, had been operational for over three decades and was in a deplorable state. The reports described garbage spilling onto the roads, pooling of water near the school’s gates, and foul odors emanating from the area. Flies and other insects infested the vicinity, creating an uninhabitable environment for the students.


The tribunal also noted that the dhalao violated the Solid Waste Management (SWM) Rules, 2016. It highlighted the lack of proper waste collection and processing, particularly from nearby butcher shops and meat markets, which further aggravated the situation. The tribunal expressed its dismay at the MCD’s inaction despite previous directions in similar cases, such as the Neel Mani vs. Municipal Corporation of Delhi (2023) and Anubhav vs. North Delhi Municipal Corporation (2021), which had called for the closure of such garbage receptacles in residential areas.


During the proceedings, the MCD filed a report on 19th September 2024, stating that steps were being taken to close the dhalao and that a Fixed Compactor Transfer Station (FCTS) was under construction approximately 200 meters away. However, the tribunal found this response inadequate, noting that no timeline had been provided for the closure of the existing dhalao, nor had any immediate measures been taken to alleviate the current situation.


The bench emphasized that the visually impaired students also have fundamental rights to live in pollution free atmosphere. Taking advantage of their disability, no authority is entitled to infringe that right and dump the garbage near their educational institution.  It condemned the MCD for violating this right through years of negligence and inaction. Citing the “Polluter Pays” principle, the tribunal referenced the Supreme Court’s landmark judgment in the Vellore Citizens Welfare Forum vs. Union of India (1996), which upheld the accountability of polluters in environmental matters.


In light of the findings, the tribunal imposed a compensation of ₹20 lakh on the MCD. It directed that the amount be paid to the Akhil Bhartiya Netrahin Sangh School within one month. The tribunal stipulated that the funds be utilized to improve the school’s environmental conditions and provide necessary health and other facilities for the students affected by the pollution.


Additionally, the NGT ordered the immediate closure of dhalao D-5 and directed the MCD to secure all open sewage holes and potholes in the vicinity of the school. The DPCC was instructed to monitor compliance and take stringent action against any further violations, including imposing environmental compensation if necessary.


The tribunal expressed grave concern over the decades-long environmental harm suffered by the students, emphasizing that such negligence undermines the fundamental principles of environmental justice. It further directed the MCD and DPCC to submit a compliance report within three months, warning of additional penalties in case of continued non-compliance. Order

NGT Kolkata Bench Considers Luna Riverbed Encroachment a Grave Environmental Concern 

3 December 2024 YouTube X LinkedIn


The National Green Tribunal (NGT), Eastern Zone Bench, Kolkata, in Original Application No. 225/2024/EZ, has issued notices to the State of Odisha and other respondents, including private entity Rajbir Construction Pvt. Ltd., Jharkhand, for alleged encroachment of the Luna Riverbed in Odisha's Kendrapada District. The case was brought forth by the applicant, Alaya Samantaray, represented by acclaimed Advocate Sankar Prasad Pani, alleging severe environmental violations and unauthorized constructions impacting the riverine ecosystem.


Allegations of Encroachment and Environmental Violations:

The applicant accused Rajbir Construction Pvt. Ltd., the contractor for a 21-km stretch of National Highway 53 (formerly NH 5A), of illegally:


Lack of Approvals: The applicant presented evidence from the Odisha State Pollution Control Board (OSPCB) as the respondent had neither obtained a Consent to Establish (CTE) nor a Consent to Operate (CTO) for the site. Furthermore, there was no record of permissions granted by the Tahasildar, Marshaghai, or the Water Resources Department for the encroachment.

Legal References: The applicant cited several legal precedents and constitutional provisions to support their case:


Tribunal’s Observations: Acknowledging the gravity of the allegations, the Tribunal Bench comprising Justice B. Amit Sthalekar and Dr. Arun Kumar Verma, noted:


The Tribunal issued notices to all respondents, including State Respondents, Odisha State Pollution Control Board, State Environment Impact Assessment Authority, Rajbir Construction Pvt. Ltd. Notice returnable within four weeks.


The Tribunal directed all respondents to file counter-affidavits within four weeks and scheduled the next hearing for 27th January 2025. 

NGT Orders In-Depth Probe into Alleged Environmental Violations in East Kolkata Wetland 

2 December 2024 YouTube X LinkedIn


The National Green Tribunal (NGT) has issued an order for a thorough investigation into alleged environmental violations in the East Kolkata Wetland Conservation area, specifically in Nazirabad village, South 24 Parganas, West Bengal. The case, filed as Original Application No.221/2024/EZ, was heard today by Justice B. Amit Sthalekar, Judicial Member, and Dr. Arun Kumar Verma, Expert Member.


The application was initiated by Captain Partho Bhowmik, a resident, through a letter petition dated September 1, 2024. The applicant has requested urgent intervention to save Nazirabad village, which lies within the East Kolkata Wetland Conservation area. The petition claims that unauthorized construction activities pose significant threats to the wetlands.


Bhowmik’s complaint focuses on several developments in the area, including the construction of concrete and metal hangers, private telephone towers, and cold storage facilities. These activities are reportedly taking place in the ecologically sensitive Karimpur Mouja (Sonarpur Block), an area known for its fishery lands. Bhowmik alleges that the land has been altered from fisheries to agricultural land (Shali land) by dumping debris, which is causing irreversible damage to the wetland ecosystem.


The allegations highlight a series of destructive activities near Nazirabad village, particularly around Kheyadha-2 Gram Panchayat (GP), Sonarpur Block, and surrounding areas such as Karimpur Mouja, JL-2, and RS Dag numbers. These activities include the ongoing construction of metal hangers, installation of private telephone towers, the development of cold storage facilities on land once used for fisheries, and the illegal dumping of old building debris, which has led to land reclamation and the transformation of water bodies into solid land.


The applicant raised concerns that these actions are violating the ecological integrity of the East Kolkata Wetlands, which are vital for environmental conservation, biodiversity, and local livelihoods.

In response to the petition, the NGT issued several key directions aimed at addressing the allegations and ensuring immediate action:


The NGT has scheduled the next hearing for January 27, 2025, to review the progress of the investigation and take further necessary actions.


This case is significant as it highlights ongoing threats to one of Kolkata’s most important ecological assets – the East Kolkata Wetlands. Recognized as a Ramsar Site, these wetlands are crucial for water purification, biodiversity, and flood control. They also support local communities by providing fishery resources and play a key role in the city’s ecosystem services.

RWA Challenges ₹2.23 Crore Environmental Compensation Imposed by SPCB

1 December 2024 YouTube X LinkedIn


This is not about pushpa the rise, iqoo 13, kash patel or any term trending now.  As many Indian cities and their residents live in communities often managed by Residents' Welfare Associations, this news report holds significant relevance for many.  


The Eastern Zone Bench of the National Green Tribunal (NGT) in Kolkata, presided over by Justice B. Amit Sthalekar and Dr. Arun Kumar Verma, held a hearing on 26th November 2024 in the case Z1 Residents' Welfare Association vs. Member Secretary, Odisha State Pollution Control Board & Anr. The appeal was filed against an order issued by the Odisha State Pollution Control Board (OSPCB), which imposed environmental compensation of ₹2.23 crore on the Z1 Residents' Welfare Association (Z1RWA) for alleged violations of sewage treatment plant (STP) norms and Consent to Operate (CTO) conditions.


Background of the Case: Z1RWA, an association representing 444 flat owners, argued that the OSPCB’s order, dated 4th July 2024, was unjust and flawed. The compensation was levied on the grounds of environmental damage caused by the improper functioning of the housing society’s STP. The association contended that such penalties are typically levied against project proponents or developers holding environmental clearances and CTOs, not against residents' associations that inherited the facilities "as-is."


The appeal raised several critical objections:


Misattribution of Responsibility: Z1RWA argued that the liability for any STP malfunction lies with the project developer who originally obtained environmental clearances and CTOs. The association assumed control of the STP’s maintenance under an “as-is-where-is” basis, inheriting all faults and deficiencies.


No Environmental Damage: The association maintained that the treated water from the STP is exclusively used for gardening within the society premises and is not discharged into public sewers, drains, or water bodies. It asserted that no harm to the environment had occurred, negating the criteria for environmental compensation as per CPCB’s 2019 guidelines.


Flawed Application of Guidelines: The association claimed the OSPCB failed to assess whether CPCB’s guidelines were applicable in this case. The computation of environmental compensation was described as mechanical, lacking independent analysis or evidence of environmental damage.


Improper Notice and Denial of Fair Hearing: Z1RWA alleged that the OSPCB’s notice lacked clarity on how the association caused environmental harm. Additionally, objections raised by the association and requests for further information were ignored, depriving them of a fair opportunity to defend their case.


Developer’s Accountability: The association emphasized that ongoing maintenance of the STP is still managed by an agency contracted by the project developer, and liabilities related to deficiencies in waste management and STP efficiency remain with the developer.


Acknowledging the concerns raised, the Tribunal deemed the matter to require consideration. Notices were issued to the respondents, including the Odisha State Pollution Control Board, directing them to submit their counter affidavits within four weeks. The tribunal set the next hearing date for 24th January 2025.


The Tribunal’s order underlines its focus on balancing environmental accountability with procedural fairness, ensuring that penalties are levied on appropriate parties based on clear evidence of violations.


This case highlights ongoing challenges in defining environmental accountability when control of infrastructure like STPs transitions from developers to resident associations, especially in urban housing projects. The outcome could set a precedent for similar disputes across the country.

NGT Warns Odisha State EIA Authority of Penalty Over Inaction on Environmental Violations 

29 November 2024 YouTube X LinkedIn


The Eastern Zone Bench of the Apex Green Court of India deliberated on Original Application No. 100/2024/EZ, filed by Sanjib Dhal and others against the State of Odisha and associated parties, during a scheduled hearing on 28th November 2024. Presiding over the session were Justice B. Amit Sthalekar, Judicial Member, and Dr. Arun Kumar Verma, Expert Member.


This critical case focuses on serious environmental violations in Odisha, particularly lapses in compliance by regulatory authorities.


Tribunal Slams SEIAA, Odisha for Non-Compliance

During the hearing, the Tribunal reviewed an affidavit submitted by the State Environment Impact Assessment Authority (SEIAA), Odisha, dated 27th November 2024. The Tribunal expressed grave dissatisfaction with SEIAA's failure to address violations detailed in the Tribunal's order dated 27th September 2024.


The National Green Tribunal (NGT) noted that, despite clear directives to take action on breaches linked to Respondent No. 13, SEIAA's affidavit was notably silent on compliance measures. The Tribunal's concern was compounded by the apparent lack of accountability and transparency on the part of SEIAA, a body tasked with ensuring adherence to environmental laws.


Notably, SEIAA, in its affidavit dated 24th September 2024, admitted to issuing Environmental Clearance (EC) to Ajit Sahu, the lessee and successful bidder, for stone extraction at Tolarpasi Road Metal Quarry. The clearance covered an area of 12.25 acres (4.957 hectares) in Village Tolarpasi, Gondia Tahasil, Dhenkanal District, permitting annual extraction of up to 20,034 cubic meters of stone material, with a total of 100,166 cubic meters over the five-year lease period. However, the same affidavit also revealed that the project proponent/lessee had not submitted any six-monthly or half-yearly compliance reports on post-environmental monitoring, as required under the stipulated terms and conditions of the Environmental Clearance. This glaring omission constitutes a breach of environmental regulations, raising serious concerns over post-clearance environmental monitoring.


The Tribunal has made it abundantly clear that non-compliance with environmental laws and orders will not be tolerated. It directed SEIAA to ensure proper accountability and transparency moving forward. The Tribunal has now granted SEIAA an additional four weeks to submit a comprehensive counter-affidavit. However, it issued a stern warning: failure to comply with this directive will result in a penalty of ₹2,500 imposed on the Member Secretary of SEIAA, Odisha.


The next hearing is scheduled for 31st January 2025, with all parties expected to have filed their submissions by then.


The Applicant's Counsel and eminent Advocate Sankar Prasad Pani has said that the Tribunal’s firm stance underscores the pressing need for stricter enforcement of environmental laws and the prioritization of accountability to safeguard ecological interests.

NGT Questions DJB and DDA Over Inaction in Addressing Water Pollution Crisis 

25 November 2024 YouTube X LinkedIn


Hearing on the Interlocutory Applications in Original Application No. 17/2022 (IA No. 489/2024, IA No. 260/2024) in the matter of Dr. D.S. Katara & Anr. Versus Govt of NCT of Delhi was held on 22.11.2024. The Coram of Justice Sudhir Agarwal, Judicial Member, and Dr. Afroz Ahmad, Expert Member, in the National Green Tribunal, Principal Bench, New Delhi, noted that A.D.N. Rao, Senior Advocate appearing for DJB, stated that he intends to shift excess sewage to the under-utilized STP E-1, for which land should be allocated by DDA. However, DDA has not done so. He further stated that the source of pollution is mainly due to inaction on the part of DDA, and therefore, DDA must coordinate for the proper functioning of the system and the prevention of pollution in this matter.


Counsel appearing for DDA, however, stated that the development of the unauthorized colony is not on DDA land, but there is no record to support this claim. The NGT found that it is also unclear why, despite the amount of ₹21,90,99,342/- having been deposited by DJB to DDA, the land has not been transferred to DJB for taking necessary steps to prevent pollution. The Tribunal further questioned why people should suffer due to the fact that DJB has not paid the outstanding amount.


The NGT observed that both authorities seem to be more focused on their financial matters rather than on protecting the environment, leaving the public to endure the ongoing water pollution. The Tribunal ordered that an affidavit detailing the steps taken by DDA for pollution prevention, as well as clarifying the source of pollution, be filed within a week. The matter is scheduled to be heard again on 09.12.2024.


When people are busy searching robin minz, tim david, faf du plessis ipl 2025, it is important to note that the grievance originated from an application by Dr. D.S. Katara, the President of the Resident Welfare Association, Sector E-2, Vasant Kunj, New Delhi. Dr. Katara raised voice regarding health hazards caused by a stagnant open drain on the northern side of the DDA Legal Housing Complex Society wall in Sector E-2, Vasant Kunj. It was submitted that the stinking drain water and sewage have been seeping through the boundary wall into the society, originating from a drain running between the unauthorized colony of Mahipalpur and the northern boundary of the society. The dwellers of the unauthorized colony have erected walls, constructed multi-storied houses, and obstructed the drain by dumping all kinds of garbage. Additionally, some factories operating near the boundary wall have been discharging effluents into this drain.

Legal Challenge Against Nirma Ltd.'s Three ECs Reaches NGT

25 November 2024 YouTube X LinkedIn


Today, chess, world chess championship 2024, gukesh vs ding, world chess championship has been trending, drawing significant attention. Interestingly, though not currently trending, the game for environmental justice holds equal importance.The National Green Tribunal (NGT) Western Zone Bench has disposed of Appeal No. 163 of 2024 (WZ) in the matter of Mahuva Bandhara Khetivadi Paryavaran Bachav Samiti & Ors. Versus Nirma Cement Ltd. & Ors. During the hearing on 19.11.2024, the NGT Bench, comprising Justice Dinesh Kumar Singh, Judicial Member, and Dr. Vijay Kulkarni, Expert Member, found that the appellants had challenged the three Environmental Clearances (ECs) granted to Nirma Cement Ltd. by the Ministry of Environment, Forest and Climate Change (MoEF&CC) on 16.09.2024. The appellants argued that the approval process was inappropriate and impermissible.


The NGT's order states that, after considering the defects raised by the Registry, the appellants’ counsel expressed a willingness to correct the issues and separate the three ECs into individual appeals. However, the Tribunal found no possibility for amendment and granted the appellants permission to withdraw the current appeal, with the liberty to file three separate appeals instead.


Additionally, the appellants’ counsel requested that the three separate appeals, to be filed within the prescribed time limits, be considered timely, even if the filing period exceeds 30 days, as the current appeal was filed within 30 days from the issuance of the ECs. This request was granted by the Tribunal.


The appeal is therefore disposed of as withdrawn, with the liberty to file separate appeals as outlined.


Though, the NGT Order does not specify the details of EC except the date, it is noteworthy that in the 32nd meeting of the Expert Appraisal Committee (EAC) of MoEF&CC, held on 12th and 13th August 2024 under the Chairmanship of Dr. Dinesh Misra, IFS (Retd.), the proposals by Nirma Ltd. for mining limestone in Bhavnagar District, Gujarat, were approved. The approved projects include:


All of these mines are situated in Tehsil Mahuva, Bhavnagar District, Gujarat.


The EAC also noted that Nirma Ltd. had obtained vetting from the Salim Ali Centre for Ornithology and Natural History (SACON), Coimbatore, for its report on the "Study of Probable Impact of Mining on Migratory Bird Species and Their Flyway Passage (Central Asian Flyway)." The EAC recommended that Nirma Ltd. implement site-specific mitigation measures under SACON's supervision to minimize the effects of mining on migratory species and submit an annual action report to the Ministry.


Enviro Annotations covered this development in its 4th September 2024 issue under the title "Nirma Limited Gets EAC Nod for 3 Limestone Mines; Proposals of OMC, SAIL, Hansdeep Industries, Morayoor Granites Deferred."

NGT Orders Fly Ash Disposal and Mine Reclamation Compliance in Case Involving PPGCL and Contractors

25 November 2024 YouTube X LinkedIn


The National Green Tribunal (NGT) Principal Bench, led by Justice Sudhir Agarwal and Expert Member Dr. Afroz Ahmad, has issued a significant order in the matter of MA No. 100/2023 in Original Application No. 364/2022 between Ram Kailash Singh and the State of Uttar Pradesh. The issue concerns the unlawful dumping of fly ash into a mine void near Bara, Prayagraj, and subsequent environmental damage.


The case arose from a letter petition received on 29th March 2022, where Ram Kailash Singh alleged that contractors working for the Prayagraj Power Generation Company Limited (PPGCL) were dumping fly ash into a water-filled mine void, causing environmental harm and violating the Environment (Protection) Act, 1986. The NGT, exercising suo-motu jurisdiction, directed the formation of a joint committee to investigate the matter, which included representatives from the Ministry of Environment, Forest and Climate Change (MoEF&CC), Central Pollution Control Board (CPCB), Uttar Pradesh Pollution Control Board (UPPCB), and the District Magistrate of Prayagraj.


The Joint Committee’s report revealed that the National Thermal Power Corporation (NTPC) was not involved, as initially alleged. Instead, PPGCL, which operates a 3x660 MW coal-fired thermal power plant in Bara, had outsourced the disposal of fly ash to contractors including Ram Raj Singh. The contractors were authorized by the UPPCB and granted Consent to Operate (CTO) for the project. The report also showed that the environmental clearance (EC) was initially granted for mining operations at the site but not for fly ash disposal.


Further investigation found that the mining lease for the extraction of stone (gitti/boulder) expired in 2019, and although the mine infrastructure should have been removed, it was not. In the absence of proper mine closure activities, the contractors began using the mine void for fly ash disposal, leading to concerns about pollution. The respondents involved in the mine reclamation efforts claimed compliance with MoEF&CC guidelines, asserting that the filling of the mine with fly ash was a recognized method for pollution control and mine reclamation.


Despite some interruptions due to water filling in the mine void and stoppages by PPGCL officers, the contractors reported that dewatering and backfilling activities resumed after necessary permissions were obtained. They also completed the task of tree plantation, planting 2,359 trees as part of the reclamation process.


The Tribunal directed that PPGCL, being the primary source of fly ash generation, bear responsibility for maintaining the health of the planted trees for the next five years. This includes ensuring the survival of the species planted, such as Banyan, Neem, and Mahogany. The Tribunal mandated that PPGCL use its CSR (Corporate Social Responsibility) funds, if necessary, to support the maintenance of these trees.


The UPPCB and the Divisional Forest Officer in Prayagraj were tasked with monitoring the survival of the plants and ensuring compliance with the Tribunal’s directives. Respondent 6 and 7, who were responsible for the mine reclamation, were instructed to continue their efforts under the supervision of PPGCL.


With the completion of the fly ash disposal and mine reclamation works, including plantation, the NGT has disposed of the application, directing the concerned parties to uphold their obligations for environmental protection and sustainable reclamation. The Tribunal emphasized that PPGCL must ensure that the planted trees survive and flourish, with rigorous monitoring over the next five years.

NGT Investigates Soil Dumping Crisis Threatening Umiam River’s Water Quality and Ecosystem 

21 November 2024 YouTube X LinkedIn


The Eastern Zone Bench of the National Green Tribunal (NGT) is actively addressing the critical issue of soil dumping that threatens the Umiam River. This issue came to prominence following a news report titled “Soil dumping: Umiam river cries for help” published in The Shillong Times on 26th May 2024. Concerns over the degradation of water quality and disruption of the river's natural flow have brought the region's environmental management practices under sharp scrutiny.


The case, initially filed as O.A. No. 731/2024/PB and later renumbered as O.A. No. 158/2024/EZ, has witnessed significant legal developments. The Tribunal has noted the news report’s observations on the unregulated dumping of soil into the Umiam River near the Umiam Bridge in Shillong, Meghalaya. The dumping, attributed to extensive earthwork for a hotel construction project, has severely polluted the river, turning its once-crystal-clear waters a concerning orange hue. The pollution has affected the river stretch downstream from Umiam to Dwar Ksuid, disrupting the lives of local villagers who traditionally relied on the river for irrigation, washing, and other daily needs. The sudden change in the river’s color and its mud-laden state has caused outrage among the local community. The report identifies unregulated soil dumping along the riverbanks as the primary cause of this environmental degradation.


Both the Meghalaya State Pollution Control Board (MSPCB) and the Central Pollution Control Board (CPCB) have submitted affidavits detailing their measures to mitigate environmental damage in the affected region.


The MSPCB reported that an inspection on 27th May 2024 revealed significant environmental degradation due to rampant soil dumping along the Umiam River. In response, the MSPCB issued a prohibitory order on 28th May 2024 to prevent further harm. Despite this, continued violations led to the issuance of a show cause notice on 24th June 2024, followed by an operational closure directive on 12th September 2024. A follow-up inspection on 3rd October 2024 assessed compliance with these directives.


The CPCB noted that, under the National Water Monitoring Programme (NWMP), four upstream monitoring locations have been established near Umiam Lake. However, no downstream locations exist to evaluate the direct impact of soil dumping in the area of concern. Water quality data from 2023 revealed that none of the monitored locations met the Primary Water Quality Criteria for Outdoor Bathing, underscoring the deteriorating state of the lake. The CPCB affidavit also raised concerns over uncontrolled soil dumping at a construction site near Umiam Bridge, which is disrupting the river's natural flow and exacerbating environmental degradation.


The matter is being heard today by a Bench comprising Justice B. Amit Sthalekar, Judicial Member, and Dr. Arun Kumar Verma, Expert Member.


Interesting Facts and FAQs About Umiam Lake


What does "Umiam" mean?
In the local language, "Umiam" translates to "cry," symbolizing its deep cultural and emotional significance for the region.


Why is Umiam Lake famous?
Umiam Lake, also called Bara Pani, is a picturesque reservoir situated 15 km north of Shillong in Meghalaya, India. It is renowned for its water sports and boating activities, including paddle boating, water scooters, and speed boating. The serene woods surrounding the lake house several resorts, offering visitors a tranquil retreat amidst natural beauty.


How deep is Umiam Lake?
According to a 2012 report, Umiam Lake spans over 100 square miles and was designed with a lifespan of 100 years, meaning it will likely be unsuitable for power generation after 2065. The lake’s maximum depth is approximately 200 feet, matching the height of the dam.


Is Umiam Lake artificial?

Yes, Umiam Lake is an artificial reservoir created after the construction of the Umiam Dam for the Umiam-Umtru Hydroelectric Power Project in the early 1960s. Over time, it has developed a man-made ecosystem that supports diverse wildlife in and around the lake. 

Odisha Case Proceedings Highlight Lapses in Tribunal Response 

20 November 2024 YouTube X LinkedIn


The National Green Tribunal (NGT), Eastern Zone Bench, Kolkata, convened to address issues in Original Application No. 183/2024/EZ concerning environmental matters brought by Haripriya Patel against the State of Odisha. The bench, comprising Justice B. Amit Sthalekar (Judicial Member) and Dr. Arun Kumar Verma (Expert Member), noted significant procedural lapses and non-compliance by the parties involved during the proceedings. 

Key Developments:

Tribunal’s Orders:

Next Hearing Scheduled:

The matter will be reviewed on 3rd January 2025.

The proceedings underscore recurring administrative and technical setbacks, hindering progress in environmental justice. The Tribunal emphasized adherence to timelines and accountability among stakeholders.

NGT Dismisses Fresh Plea on Illegal Sand Mining in Subarnarekha, Citing Redundant Litigation

13 November 2024 YouTube X LinkedIn


The Eastern Zone Bench of the National Green Tribunal (NGT) in Kolkata has dismissed Original Application No. 171/2024/EZ, filed by the Midnapore Cultural and Welfare Association against the West Bengal Mineral Development and Trading Corporation Ltd. (WBMDTCL) and others. The matter, heard on 11th November 2024 by Judicial Member Justice B. Amit Sthalekar and Expert Member Dr. Arun Kumar Verma, was initiated by the applicant association, which alleged continued illegal sand mining activities along the Subarnarekha River in Sankrail, Jhargram District, under the guise of dredging operations.


The applicant association claimed that despite previous directives issued by the NGT in an order dated 4th September 2023, under Original Application No. 99/2022/EZ filed by Dipak Mahapatra, there has been non-compliance. The alleged violator, Reach Dredging Limited, was accused of carrying out unauthorized sand mining under the pretext of dredging. This ongoing activity, the association contended, has been causing severe environmental harm to the river ecosystem and the surrounding area.


During the hearing, counsel for the applicant maintained that since the current applicant was not involved in the previous application filed by Mahapatra, this new application was justified and maintainable. However, upon reviewing the matter, the NGT noted that no evidence had been provided to substantiate claims of non-compliance with the directives in paragraphs 50 and 51 of the 2023 order. Those specific directives were previously established to regulate and monitor mining activities in the region, with particular emphasis on environmental safeguards.


The Tribunal concluded that the second application seeking similar reliefs was not maintainable, emphasizing that the directions in the 2023 order already covered the necessary regulatory measures, making the new application redundant. Furthermore, the NGT asserted that the identity of the applicant, whether it is the same as in the first case or not, is irrelevant in cases where similar directives have already been issued.


In view of these findings, the Tribunal dismissed the current application as "not maintainable," underscoring that once comprehensive directions have been issued on a matter, repeated applications on identical issues will not be entertained. This decision reflects the NGT's stance on preventing judicial redundancy and ensuring that environmental orders are effectively enforced without unnecessary duplicative litigation.

NGT Orders Probe into Industrial Pollution in Howrah, Citing Health and Environmental Concerns 

13 November 2024 YouTube X LinkedIn


The Eastern Zone Bench of the National Green Tribunal (NGT) in Kolkata has taken cognizance of a serious environmental grievance filed by applicant Nandini Chakravarty regarding industrial pollution in the Purbannapara area of Makardah Mouza, Domjur Block, in Howrah district, West Bengal. The case, listed as Original Application No. 210/2024/EZ, was heard on 12th November 2024 by Judicial Member Justice B. Amit Sthalekar and Expert Member Dr. Arun Kumar Verma.


The application, originally submitted via email on 18th July 2024, alleges that industrial units and workshops near the applicant’s village have been discharging noxious gases, severely impacting the health and environment of the local community. The application further claims that the Saraswati Canal, an essential waterway for the area, has become obstructed due to the unauthorized disposal of industrial wastewater and solid waste, leading to significant environmental degradation in the region.


In light of these allegations, the NGT directed the addition of several parties to the list of respondents, including the District Magistrate of Howrah, the West Bengal Pollution Control Board (WBPCB) through its Member Secretary, the Additional Chief Secretary of the West Bengal Department of Environment, and the Central Pollution Control Board (CPCB). 


Given the seriousness of the pollution allegations, the NGT has ordered the formation of a fact-finding committee to investigate the claims. The committee will comprise the District Magistrate of Howrah or a representative of at least Additional District Magistrate rank, a Senior Scientist from the WBPCB, and a Senior Scientist from the CPCB. The panel has been tasked with conducting a thorough site inspection and preparing an affidavit-based report within four weeks, detailing the findings and identifying any parties responsible for violations. Should environmental violations be confirmed, the committee is expected to name the violators for inclusion in the current case, allowing them an opportunity to present their defense.


The District Magistrate of Howrah has been designated as the nodal officer for coordinating logistical arrangements and managing the submission of the committee’s findings. Furthermore, the applicant has been directed to submit electronic copies of the case documents and annexures to the counsels for the respondents within 48 hours to expedite the process.


The NGT has scheduled the next hearing for 3rd January 2025, by which time the committee’s report will provide a basis for determining any further action or remedial measures necessary to address the environmental concerns raised by the applicant.

NGT Western Zone Bench Orders Clarification on Aquaculture Categorization 

7 November 2024 YouTube X LinkedIn


In a significant development regarding the ongoing legal proceedings concerning Cage Aquaculture activity, the Western Zone Bench of the National Green Tribunal (NGT) has directed multiple agencies to clarify key issues surrounding the categorization and environmental impact assessments of the activity. The Bench, comprising Justice Dinesh Kumar Singh, Judicial Member and Dr. Vijay Kulkarni, Expert Member, heard the Miscellaneous Application (M.A.) No. 05 of 2024, in the execution of Original Application No. 80 of 2020, involving Vanashakti & Others against the State of Maharashtra and other respondents.


The case pertains to the categorization of cage aquaculture under the environmental framework and its inclusion in the Environmental Impact Assessment (EIA) regime.


Key Issues Raised by MPCB and CPCB:

The MPCB, in its reply affidavit dated July 24, 2024, informed the tribunal that during a meeting on September 21, 2023, the board proposed to categorize Cage Aquaculture activities under the “Green” category, pending further study by the Indian Council of Agricultural Research - Central Inland Fisheries Research Institute (ICAR-CIFRI). The study, which is expected to cost ₹46.35 lakh, will assess the environmental impact of the activity and is anticipated to take 12 months to complete. The board also assured the tribunal that a work order for the study had been issued, and the process of categorizing the activity would proceed after the study is completed.


Meanwhile, the CPCB’s affidavit, filed on July 23, 2024, pointed out that the MPCB had communicated the decision to classify Cage Aquaculture as a "Green" category activity. However, MPCB contradicted this, asserting that the categorization of this activity falls under the CPCB’s jurisdiction.


Court Orders Clarifications:

The Tribunal has now directed both the MPCB and the CPCB to clarify who holds responsibility for categorizing Cage Aquaculture activities and whether such activities should fall under the EIA regime, which would bring them under the Ministry of Environment, Forest and Climate Change (MoEF&CC). The MoEF&CC has yet to submit a reply in the matter.


Next Steps and Final Hearing Date:

The court has directed Secretary of MoEF&CC to designate a counsel and submit a response. The applicant’s counsel has requested that the matter be listed for final hearing rather than waiting another 12 months for the completion of the study.


The Tribunal has fixed the next date for consideration on February 19, 2025. The case will continue to explore the regulatory framework around Cage Aquaculture and its environmental implications.

NGT Kolkata Bench Reviews Critical Cases on Odisha’s Environmental Concerns

5 November 2024 YouTube X LinkedIn


The National Green Tribunal’s (NGT) Eastern Zone Bench in Kolkata, led by Justice B. Amit Sthalekar (Judicial Member) and Dr. Arun Kumar Verma (Expert Member), held hearings on three cases involving serious environmental concerns, two of which are related to Odisha.


Alleged Illegal Stone Quarrying in Dankari Hill, Jajpur District

In OA No. 147/2024/EZ, filed by Youth United for Sustainable Environment Trust, the applicant raised allegations of rampant and unscientific stone quarrying in Dankari Hill and other areas within Jajpur District, Odisha. The petition argues that these quarrying activities violate environmental compliance and pose severe risks to local ecosystems. Following submissions, the Tribunal granted additional time for key respondents, including the Directorate General of Mine Safety and the State of Odisha, to prepare detailed affidavits and rejoinders. The matter has been adjourned until 10th January 2025, with directives for parties to complete required submissions.


Petition to Regulate Firecracker Usage in Religious Rituals in Odisha

In a separate matter, OA No. 218/2024/EZ, the Tribunal reviewed a plea from Sanjay Kumar Nayak, represented by eminent Advocate Sankar Prasad Pani, seeking restrictions on firecracker usage during religious rituals in Odisha, particularly those honoring Lord Jagannath. The application calls for prohibitive measures due to the severe health, safety, and environmental hazards posed by fireworks.


Key Points of Contention:


The Tribunal issued notices to several respondents, including the Odisha State Pollution Control Board, the Central Pollution Control Board (CPCB), and the Deputy Chief Controller of Explosives, mandating all respondents to file their counter affidavits within six weeks. The next hearing for this case is scheduled for 9th January 2025.


Significance and Implications

These cases highlight the NGT’s active engagement with pressing environmental and public health issues, reflecting a rising awareness of the environmental impacts tied to industrial and cultural activities. Legal scrutiny over activities such as quarrying and firecracker usage during religious events emphasizes the balance needed between cultural practices and sustainable environmental governance in India.

Ishhita Foundation Withdraws Biomedical Waste Disposal Case 

5 November 2024 YouTube X LinkedIn


In a recent hearing before the National Green Tribunal (NGT) Principal Bench, the Ishhita Foundation sought the withdrawal of its Original Application No. 1252/2024 against the Ministry of Environment, Forest and Climate Change (MoEF&CC) and others. The case addressed the unscientific disposal of biomedical waste and highlighted potential gaps in the existing regulatory framework.


The hearing was presided over by a bench consisting of Justice Prakash Shrivastava, Chairperson; Justice Arun Kumar Tyagi, Judicial Member; and Dr. A. Senthil Vel, Expert Member. 


During the proceedings, counsel for the Ishhita Foundation requested permission to withdraw the case, citing the need to present a more comprehensive factual background. This would include specific details of the affected areas and the individuals impacted by unscientific biomedical waste disposal, as well as an in-depth examination of the gaps in current guidelines and legal provisions.


The NGT allowed the prayer, permitting the applicant to file a new application with the necessary detailed particulars. Consequently, the application was dismissed as withdrawn, with the liberty granted for resubmission.

Forest Fire Mismanagement in Uttarakhand: Gaps in Reporting and Infrastructure Exposed

19 October 2024 YouTube X LinkedIn


In the case Deepika Khari vs. State of Uttarakhand & Others, the National Green Tribunal (NGT) is investigating forest fire incidents, particularly the burning of leaves in the Badkot Forest Range along the Rishikesh-Dehradun road. During an inspection led by Advocate Gaurav Kumar Bansal (Amicus Curiae) on 18th April 2024, no active fire was found, but past incidents were confirmed. The forest department conducted a controlled burn on 11th March 2023 under verbal instructions from the Divisional Forest Officer (DFO), Dehradun, but failed to report the incident in the Forest Fire Report Management System (FFRMS) or the Forest Survey of India (FSI) alert system.


Uttarakhand's vast forests (71% of its area) are highly susceptible to fires, especially during the fire season (February–June), posing significant risks to ecological balance and water security as major rivers like the Ganga and Yamuna originate here. Despite satellite monitoring by the FSI, no alerts were issued for the March 2023 fire, exposing flaws in the alert system.


Key challenges include inadequate firefighting infrastructure, overburdened personnel responsible for vast forest areas, and the lack of insurance or compensation for forest workers risking their lives. The Comptroller and Auditor General (CAG) audit highlighted poor feedback on FSI alerts and discrepancies in reporting controlled burns. Recommendations for improvement include enhanced infrastructure, support for personnel, insurance coverage, and better integration of technology such as drones for real-time monitoring. This case underscores the need for stronger oversight and proactive governance in forest fire management.

NGT Disposes of Environmental Violation Cases in Gujarat and Goa, Orders Compliance in Mining and Coastal Zone Matters 

16 October 2024 YouTube X LinkedIn


Ranjan Gogoi - Member of Rajya Sabha was trending. According to The Supreme Court today rejected the advocate's petition and directed the removal of the former Chief Justice's name from the case before the matter could be heard. Among related queries Supreme Court Ranjan Gogoi, High Court of Jammu and Kashmir, Jammu and Kashmir High Court, High Court Jammu and JK High Court recruitment 2024 were on top searches. However, Enviro Annotations brings you news reports on environment court orders and judgments.


The Pune Bench of National Green Tribunal (NGT) on 16th October 2024 disposed of two cases. 

Gujarat Mining Case: In a case filed by Akash Vyas (Original Application No. 48/2023(WZ)), the NGT heard allegations of environmental violations related to mining activities in Gujarat. The Bench presided over by Justice Dinesh Kumar Singh (Judicial Member) and Dr. Vijay Kulkarni (Expert Member) found that the Gujarat Pollution Control Board (GPCB) had already ordered the closure of the mining units in question due to non-compliance with environmental regulations.


Given the prior closure directive, the NGT deemed it unnecessary to issue further directions. The tribunal clarified that if the mining units were to resume operations, they would need to obtain requisite permissions from the GPCB.


Goa Coastal Zone Violations: In another case, Kuldeep Rana vs. State of Goa & Ors. (Original Application No. 51 of 2023), the NGT heard allegations of violations of coastal zone regulations in Goa. The Goa Coastal Zone Management Authority (GCZMA) had submitted a compliance affidavit detailing the actions taken to address the violations. The GCZMA informed the tribunal that it had successfully demolished structures that were found to be in violation of coastal zone regulations. The applicant, Kuldeep Rana, failed to submit a rejoinder to the GCZMA's affidavit, leading the NGT to conclude that the actions taken by the GCZMA were appropriate.


Both cases were dismissed by the NGT, as the necessary measures to address the environmental violations had already been implemented by the relevant authorities. 

Why NGT Dismisses Brand Ambassador Viyana Berwal's Plea? 

NGT Directs UPPCB to Submit Report on EC, CTE, and CTO Status of FH Medical College, Agra  

15 October 2024 YouTube X LinkedIn


The National Green Tribunal (NGT) has dismissed a plea filed by Viyana Berwal in a case concerning the ritualistic slaughter of animals. The application, registered as Original Application No. 746/2024, sought stricter enforcement of animal cruelty laws, particularly focusing on the stunning of animals before slaughter.


The hearing, coonducted on 4th October 2024, presided over by a bench consisting of Justice Prakash Shrivastava, Chairperson; Justice Arun Kumar Tyagi, Judicial Member; and Dr. A. Senthil Vel, Expert Member, concluded that the application lacked crucial factual details necessary for the tribunal's intervention.


Key Points from the Tribunal's Ruling:


In its order, uploaded on 15th October 2024, the NGT dismissed the plea but granted liberty to the applicant to file a fresh petition if they can present proper facts and adhere to the procedural rules, including clear evidence of environmental norm violations.


In another matter given hearing on 4th October 2024, the same NGT Bench headed by Justice Prakash Shrivastava, Chairperson, has directed the Uttar Pradesh Pollution Control Board (UPPCB) to investigate allegations against FH Medical College & Hospital, Agra, for operating without mandatory Environmental Clearance (EC). In the matter, Abhinay Kumar Rai, the applicant, claimed the 650-bed hospital, established in 2014, lacks EC under the EIA Notification, 2006, and is operating without Consent to Establish (CTE) and Consent to Operate (CTO). Despite a legal notice sent to authorities in June 2024, no action was taken. 


The Tribunal noted, however, that the applicant had failed to provide detailed information, including the constructed area of the college and hospital, which is crucial for assessing the applicability of the EIA Notification. As a result, the NGT ruled that the UPPCB should be the first authority to examine the matter. The NGT instructed the UPPCB to address the issue within three months and dismissed all pending applications.


The cases underline the importance of precise factual submissions and adherence to tribunal rules in matters related to environmental and animal welfare litigation.

Is Delhi Industry Compliant of What Ministry says in NGT Matter?

1 October 2024 YouTube X LinkedIn


The accidental death of three sleeping after finishing shift killed in blaze at Narela factory and 6 injured, as reported in The Times of India dated 09/07/2024 was taken up by the National Green Tribunal as Original Application No. 772/2024.


The article states that initial probe revealed that raw green gram (moong dal) was being roasted on burners and a gas leak caused the fire, which led to a blast in a compressor. Those who died and injured were workers sleeping after completing the day shift. The news item alleges that the mishap happened due to irregular servicing of the machines. It also states that the factory had no fire NOC and has been operational since 2010. Furthermore it is alleged that the impact of the blast was such that part of the roof and balcony blew up, flinging a labourer 20 metres away. One of the firefighters alleged that the major problem was the single escape route, which was filled with goods and proved to be a major hindrance. 


In the matter, the Ministry of Environment, Forest and Climate Change has submitted a report to the Tribunal. The report details various legal provisions laid by the Government of India. It has outlined that the Ministry vide S.O. 966 (E) dated 27/11/ 1989 had notified the Manufacture, Storage and Import of Hazardous Chemicals Rules, 1989 [MSIHC Rules, 1989]. These rules have been notified to put in place a regulatory mechanism aimed at putting in place an operational safety framework in industries dealing with hazardous chemicals thereby avoiding chemical accidents. Thereafter, the Ministry vide G.S.R. 347 (E) dated 01/08/1996 notified the Chemical Accidents (Emergency Planning, Preparedness and Response) Rules, 1996[CAEPPR Rules, 1996] to supplement the MSIHC Rules, 1996. 


The Ministry has established a four-level Crisis Management System to handle chemical accidents, which includes Central, State, District, and Local levels. A Central Crisis Group, led by the Secretary (EF&CC), has been set up to oversee these efforts.


In response to the National Green Tribunal's (NGT) directives regarding the chemical accident at UPL Limited in Gujarat in February 2021, the Ministry and the Central Pollution Control Board (CPCB) have created guidelines for safety audits of chemical industries. These guidelines, called the "Integrated Guidance Framework for Chemicals Safety," have been shared with all States and Union Territories for implementation.


Currently, the Public Liability Insurance Act only applies to 179 hazardous chemicals that are flammable. Owners of these chemicals must pay a premium for insurance and contribute the same amount to the Environment Relief Fund (ERF), which is managed by the Central Government. This fund is designed to cover any claims that exceed the insurance amount. If claims go beyond the combined total of insurance and ERF, the owner must cover the shortfall. There is no cap on how much can be claimed through the ERF, but government entities are exempt from this requirement.


Additionally, any owner dealing with hazardous substances before the Jan Vishwas Act must obtain an insurance policy within one year of the Act's start date.


The Ministry also highlighted specific sections (5, 6, and 7(1)) of the Public Liability Insurance Act, 1991, detailing how claims for relief can be made through the local Collector.  

Odisha State Pollution Control Board Admits Lack of Facility for Heavy Metals Testing

27/09/2024 YouTube X LinkedIn


The National Green Tribunal's Eastern Zone Bench in Kolkata heard the case of Nanda Jhodia & Anr. vs. Utkal Alumina International Ltd & Ors. on 24th September 2024. The bench comprised Justice B. Amit Sthalekar, Judicial Member, and Dr. Arun Kumar Verma, Expert Member. During the hearing, an additional affidavit dated 21st September 2024, submitted by the Member Secretary, Odisha State Pollution Control Board (OSPCB), was officially recorded.


The affidavit highlighted those essential heavy metals, including copper (Cu), cadmium (Cd), zinc (Zn), nickel (Ni), and lead (Pb), have not yet been analyzed. This delay was attributed to the malfunctioning of the Atomic Absorption Spectrophotometer (AAS), the primary equipment used for testing these metals. The OSPCB acknowledged the issue and informed the Tribunal that rectification steps are underway. The instruments necessary for testing heavy metals have been ordered and are expected to be available by 9th October 2024. Further, the mercury concentration reported to be 0.0006 ppm by the OSPCB in groundwater sample seems to be impractical and erroneous.


Representing the OSPCB, Counsel Papiya Banerjee Bihani requested that the matter be listed after 9th October 2024, assuring the Tribunal that a complete affidavit with the necessary test results would be presented. The Tribunal accepted the request and scheduled the next hearing for 16th December 2024.


This case holds significant importance, as it involves the environmental impact and compliance with pollution control norms by Utkal Alumina International Ltd., a major industrial player in Odisha’s alumina sector. The delay in analyzing key heavy metals raises concerns about the OSPCB’s ability to maintain its infrastructure, which is critical for ensuring environmental compliance. Odisha, a state rich in mineral resources, faces scrutiny over its capacity to effectively regulate pollution and protect local communities from the potential harms posed by industrial operations.


It is germane to mention that the test reports submitted by the OSPCB in an affidavit dated 30th April 2024 show several discrepancies, including the reporting of a boiler emissions and noise monitoring document dated 31st March 2023.


Before we end, Harry Potter actress maggie smith/ dame maggie smith dies. Our sincere condolences.

Success Story: NGT Acts on Media Reporting to Address River Encroachment 

26/09/2024 YouTube X LinkedIn


In a landmark decision highlighting the crucial role of media in environmental protection, the National Green Tribunal (NGT) has taken significant action against illegal encroachment on the Utangan River in Agra. The case originated from a news article titled "यूपी उटंगन नदी पर हो गया क जा, सोतेरहेअफसर; तीन साल सेबन रहा है रसॉट," published in Amar Ujala on 2nd May 2024, which reported on the unlawful construction of a resort and a permanent bridge obstructing the river.


The original application, registered suo moto under Original Application No. 654/2024, was heard on 18th September 2024, presided over by Justice Arun Kumar Tyagi and Dr. A. Senthil Vel, Expert Member. The report highlighted serious environmental concerns, including the illegal encroachment on the river's banks and the obstruction of natural water flow caused by construction activities that had been ongoing for three years.


The NGT noted that the construction of a resort and the accompanying permanent bridge not only violated environmental norms but also jeopardized the ecological balance of the Bah Tehsil area, which is prone to flooding. Additionally, the development of a road encroaching on the river’s land further exacerbated the situation.


In response to the escalating concerns, the District Magistrate of Agra informed the Tribunal that the administration had taken decisive action by demolishing the illegal bridge and removing the obstructive gates. Photographic evidence of the removal was presented to the Tribunal, demonstrating the prompt response from local authorities.


The NGT, acknowledging the actions taken by the Agra administration and the Uttar Pradesh Pollution Control Board (UPPCB), has now disposed of the matter. The Tribunal has directed the concerned authorities to ensure compliance with all relevant environmental regulations, particularly the River Ganga (Rejuvenation, Protection and Management) Authorities Order, 2016.


This case serves as a potent reminder of the impact that responsible media reporting can have on environmental governance. By bringing critical issues to light, the press not only informs the public but also galvanizes governmental action against violations that threaten ecological integrity. The National Green Tribunal's swift response underscores the importance of collaborative efforts between media, governmental bodies, and the community in safeguarding natural resources for future generations.

NGT Disposes Tons River Illegal Sand Mining Case

26/09/2024 YouTube X LinkedIn


The National Green Tribunal (NGT), Principal Bench, disposed of Original Application No. 97/2024 on 25th September 2024, which addressed allegations of large-scale illegal mining in Uttarakhand’s Tons River area. The case, initiated suo-motu by the NGT based on a letter petition by Madan Lal, raised concerns over unauthorized sand and boulder extraction in Village Asoi, District Dehradun.


The petition alleged that Diwan Singh, the Gram Pradhan of Asoi, had been conducting illegal sand and boulder mining using heavy machinery such as JCBs. Despite repeated complaints to local authorities, no action had been taken, prompting the involvement of the NGT.


Investigative Report and Actions Taken

The Tribunal, comprising Justice Sudhir Agarwal and Expert Member Dr. Afroz Ahmad, had earlier ordered a joint inspection by the Ministry of Environment, Forest, and Climate Change, the Uttarakhand Pollution Control Board (UKPCB), and the District Magistrate, Dehradun. The inspection report, dated 4th May 2024, confirmed illegal mining activity involving 384.90 cubic meters of sand from five locations in the Tons River area.


Action was taken against two offenders, Vijan Singh and Gyara Singh, for illegal mining, resulting in penalties of ₹74,619 and ₹1,38,953, respectively. Additionally, fines were imposed on several transporters involved in illegal mineral transportation, with total penalties amounting to ₹1,42,775.


Compliance and Preventive Measures

The State of Uttarakhand, represented by Advocate Anjali Rajput, assured the Tribunal that steps had been taken to curb illegal mining. Security personnel had been deployed to monitor the mining areas, and several vehicles used for unauthorized mineral transport had been seized. Further, the Uttarakhand Minerals (Prevention of Illegal Mining, Transport, and Storage) Rules, 2021, were being strictly enforced, and an Anti-Illegal Mining Force was established under the District Magistrate's supervision.


A separate report submitted by the Director of Geology and Mining on 6th September 2024 outlined the additional measures taken to control illegal mining, including setting up an Enforcement Cell and implementing a Complaint Redressal Portal on the state's E-Mining Portal.


Outcome of the Case

The NGT concluded that there was no evidence to substantiate the allegations against Diwan Singh, the Gram Pradhan. However, since corrective actions had already been taken against the other offenders, including the imposition of environmental compensation, the Tribunal deemed no further orders were required.

The case was disposed of on these grounds.

NGT Pune Bench Slaps ₹5 Crore Penalty on Mining Firm for Illegal Dumping Practices

25/09/2024 YouTube X LinkedIn


The National Green Tribunal (NGT) Western Zone Bench in Pune, today, pronounced the Judgment reserved on 13/09/2024 in the matter of Ajay Shivajirao Bhonsle versus Ministry of Environment & Forests, and Others. The Appeal No. 58 of 2015 (WZ) also arrayed Gogte Minerals, Karnataka and Infrastructure Logistics Private Limited, Goa; as respondents.


The Bench presided over by Justice Dinesh Kumar Singh (Judicial Member) and Dr. Vijay Kulkarni (Expert Member) has noted that the the appellant, a resident of Sindhudurg District in Maharashtra, was aggrieved by the mining activity carried out by Gogte Minerals (respondent No.4) and Infrastructure Logistics (respondent No.5), including the activity of dumping of the overburden / waste outside the mining lease area, for which respondent No.4 admittedly did not have any prior EC as envisaged by the Judgment of the Apex Court in Goa Foundation Vs Union of India and Ors (2014) 6 SCC 590. The appellant had initially made representations to the , against the Ministry of Environment, Forest and Climate Change (MOEF&CC), but no action was taken.


The NGT Bench observed that Gogte Minerals continued to dump mining overburden outside their lease area in Ajgaon village, even after a landmark judgment by the Supreme Court in the Goa Foundation case, which clarified that no dumping could occur outside the mining lease area. Despite this ruling, Gogte Minerals allegedly maintained this practice for an additional year, until April 2015.


During the hearings, the MoEF&CC issued a show-cause notice indicating that no permissions had been granted for such dumping activities. Gogte Minerals argued that the MoEF&CC was aware of the dumping practices since the mining plan approved by the Indian Bureau of Mines (IBM) included external dump sites.

However, the NGT noted that the Environmental Clearance (EC) granted to Gogte Minerals specifically mandated that overburden must be stacked only at designated sites within the leased area. The Tribunal rejected the argument that prior approvals for mining plans allowed for external dumping, clarifying that no stipulation existed in the EC permitting this practice.


The Tribunal has determined the method for calculating the Environmental Damage Compensation (EDC) to be levied on Gogte Minerals, noting the lack of evidence regarding the company's turnover. This led them to reference prior judgments for guidance. In Tanaji B. Gambhire v. Union of India 2016 (SCC Online) NGT 4213, the Tribunal ordered a payment of ₹5 crores for violating environmental laws during construction without proper clearance, a ruling upheld by the Supreme Court in Goel Ganga Developers India Pvt. Ltd V. UOI 2018 (SCC) 257, which imposed damages of ₹100 crores or 10% of the project cost, in addition to the ₹5 crores penalty.


The Tribunal found that violations of environmental laws had occurred and decided to levy a minimum EDC of ₹5 crores against  Gogte Minerals as a deterrent measure. Additionally,  Gogte Minerals contended that the request to set aside a previous order (dated 02.09.2015) was moot since mining activities ceased in 2016. However, the Tribunal emphasized that the Environmental Clearance (EC) granted in 2008 remains valid for 30 years under the EIA Notification 2006, raising concerns about potential future mining activities. Consequently,  Gogte Minerals was ordered to surrender the EC to the MoEF&CC within one month, following the procedural guidelines outlined in a memorandum dated 29.03.2022. The Tribunal also found the additional rulings cited by Gogte Minerals irrelevant based on the established facts of the case. 


In conclusion, the Tribunal imposed an EDC of ₹5 crores on respondent No. 4 due to environmental law violations and mandated the surrender of the Environmental Clearance to prevent any future mining activities.

National Green Tribunal Directs Restoration of Pond in Delhi's Village

25/09/2024 YouTube X LinkedIn


The National Green Tribunal (NGT) Principal Bench, led by Judicial Member Justice Sudhir Agarwal and Expert Member Dr. Afroz Ahmad, has issued a crucial directive in the case of Suresh Chand vs. DM Kapashera & Ors. The Tribunal has ordered the removal of encroachments and the restoration of a pond in Village Kanganheri, South West Delhi, to its original size, ensuring its preservation and environmental integrity.


Background of the Case:

The application, filed by Suresh Chand, a resident of Village Kanganheri, under Sections 14 and 15 of the National Green Tribunal Act, 2010, alleged that a pond measuring 13 Bighas and 10 Biswas in Khasra No. 111 had been encroached upon by owners of adjacent land in Khasra Nos. 112, 257, 258, 274, and 239/2. Despite repeated requests by the Block Development Officer (BDO) of Najafgarh and the Executive Engineer of the Irrigation Department to the Sub-Divisional Magistrate (SDM), Kapashera, no substantial action had been taken to remove the encroachments or construct a boundary wall around the pond.


Initial Tribunal Actions:

The NGT, on 18th November 2022, found that the issue raised significant environmental concerns and issued notices to various authorities, including District Magistrate (South West), New Delhi; Irrigation and Flood Control Department, Sub-Divisional Magistrate (SDM), Kapashera; and Delhi Wetland Authority.


The Tribunal also constituted a joint committee consisting of representatives from the Delhi Pollution Control Committee (DPCC) and the District Magistrate (South West) to investigate the matter. The committee’s report, submitted on 29th May 2023, indicated partial boundary wall destruction and the presence of unauthorized constructions around the pond.


Key Developments and Objections:

Suresh Chand objected to the committee’s report, highlighting that earlier court orders rejecting claims by local landowners regarding demarcation were ignored. Further, illegal re-measurement of the land was carried out by the Naib Tehsildar, overlooking prior findings. The Tribunal considered these objections and ordered a more detailed investigation.


The SDM, Kapashera, conducted a fresh demarcation on 27th March 2024, which revealed specific areas of encroachment in Khasra Nos. 111, 257, 258, 112, 274, and 239/2. A demolition drive was conducted on 15th May 2023, resulting in partial removal of unauthorized structures, although resistance from residents hindered complete action.


Legal Proceedings and Delhi High Court Intervention:

In response to the encroachments, a demolition order was issued by the authorities. However, a writ petition was filed in the Delhi High Court (Surender and Ors. vs. District Magistrate, Kapashera and Ors.), leading to a stay on further action until representations by the petitioners were resolved. The High Court disposed of the petition on 21st September 2023, instructing the authorities to decide the representation within eight weeks.


Tribunal's Final Orders:

On 23rd September 2024, after reviewing all submissions, including the SDM’s order dated 1st August 2024, the NGT found no legal barriers preventing the removal of the encroachments. The Tribunal directed the concerned authorities, including Revenue Officials, to take all necessary steps to restore the pond to its original size and shape. The encroachments, if any, must be removed in accordance with the law, ensuring no further obstructions delay the process.


Keywords: Pond Encroachment, Kanganheri, Environmental Protection, Delhi, Legal News

NGT Chennai Bench Orders Notification Process for Perur Lake under Wetland Rules 

25/09/2024 YouTube X LinkedIn


The National Green Tribunal (NGT), Southern Zone, Chennai, has pronounced its judgment issuing directives to the Government of Tamil Nadu regarding the conservation of Perur Lake in Coimbatore, in a case titled Tribunal on its own motion Suo Motu vs Water Resource Department & Ors (O.A. No. 84 of 2024). The case was based on a news item published on birdcount.in dated 16th December 2023, highlighting concerns over the lake's degradation due to various activities.


The NGT Bench of Justice Pushpa Sathyanarayana, Judicial Member and Dr. Satyagopal Korlapati, Expert Member, convened the hearing. The Tribunal expressed concerns over reports of sand mining, commercial fishing, and encroachments at the lake, which had reportedly transformed from a bird sanctuary into a fish farm.

Case Background and Government Actions

The Tribunal initiated the case following alarming reports of Perur Lake's transformation from a haven for resident and migratory birds to a site adversely affected by human activities. The key issues raised included the expansion of roads, removal of vegetation, and encroachment, all leading to ecological imbalance.


In its defense, the Water Resources Department clarified that the lake, part of the Noyyal River system, has a water spread area of 1.072 square kilometers with a capacity of 51.94 million cubic feet. It denied any illegal sand mining activities and stated that previous encroachments had been removed. The department also mentioned that infrastructure works, including a retaining wall, were carried out to protect the tank's bund and road while ensuring no adverse impact on the water body.


The District Forest Officer of Coimbatore informed the tribunal that six wetlands, including Perur Lake, had been prioritized for notification under the Wetlands (Conservation and Management) Rules, 2017. Meetings for identifying water bodies for notification had been held, with the notification process currently ongoing.


NGT Directives

The tribunal appreciated the efforts undertaken by the Tamil Nadu government but emphasized the importance of formalizing the lake's status under the Wetland Rules. It directed the state government to expedite the process of notifying Perur Lake as a wetland under the Wetlands (Conservation and Management) Rules, 2017.

In addition, the Water Resources Department was ordered to continue maintaining the lake and ensure that no illegal sand mining or encroachments occurred during the notification process. The case was officially disposed of with these directives.

NGT Orders UP to Reveal Waste-to-Energy Plant Details

24/09/2024 YouTube X LinkedIn


Hearing on the Original Application No. 53/2024 on 23.09.2024, the National Green Tribunal (NGT) Principal Bench noted that according to the Nagar Palika Parishad, Muzaffarnagar, the State of Uttar Pradesh has directly entered into a contract with GC International for the disposal of waste of Noida, Ghaziabad and Muzaffarnagar Districts. GC International reportedly started their Phase-I focus on preparing the plot for the construction of the Waste to Energy Plant which they will start by the end of August/beginning of September 2024, subject to the availability of access road. The exact details of the Waste to Energy Plant to be set up have not given by the Respondent. 


The Bench of Justice Prakash Shrivastava, Chairperson; Justice Arun Kumar Tyagi, Judicial Member and Dr. A. Senthil Vel, Expert Member; has directed State of UP to disclose the complete details of Waste to Energy Plant, including its nature, capacity and technology used. The NGT Bench has also sought the current status of legacy waste as of 30.08.2024 and the daily generated waste within the Municipal Corporation which is adding to the legacy waste. The Respondents have to submit reply by 6 weeks. 


Applicant alleges Nagar Palika Parishad, Muzaffar Nagar's non-compliance with solid and bio-medical waste management rules. Waste is neither segregated nor processed, and final dumping site at Kidwai Nagar is unsanitary. Illegal dumping sites have also sprung up, and there's no proper municipal waste management. 

NGT Western Zone Bench Disposes of Water Contamination Case Along Palkhi Route Owing to lack of clarity and evidence 

24/09/2024 YouTube X LinkedIn


The National Green Tribunal (NGT) Western Zone Bench in Pune, presided over by Justice Dinesh Kumar Singh (Judicial Member) and Dr. Vijay Kulkarni (Expert Member), heard a significant environmental case related to water contamination along the Palkhi route in Pune District, Maharashtra. The case, Original Application No.167/2024(WZ), was initiated suo moto based on a Hindustan Times news report dated 24th June 2024, titled “Water from 81 out of 82 Sources on Palkhi Route Found Unfit for Consumption.”


The alarming news had raised concerns about the quality of drinking water along the Palkhi route, where 81 out of 82 water sources were reported as unsafe for consumption. The contaminated water was suspected of causing waterborne diseases such as gastroenteritis, jaundice, typhoid, cholera, and diarrhea among the local population.

The case was transferred from the Principal Bench of the NGT for the Western Zone Bench to address. 


Maharashtra Pollution Control Board’s (MPCB) Report submitted a report stating that the MPCB had promptly followed up with local health and municipal authorities after the NGT’s order dated 22nd July 2024. In response to the issue of water contamination, water samples were regularly tested by Gram Panchayats through Sub-Division Laboratories. No outbreaks of waterborne diseases were reported during the Palkhi period, alleviating concerns about widespread public health impacts.


Lack of Specificity in News Report: The Tribunal noted that while the Hindustan Times article reported that 81 out of 82 water sources were contaminated, it did not specify the exact locations or details of these sources. This lack of clarity prompted the Tribunal to question the basis for the claims made in the news report.


The MPCB issued letters to relevant local authorities, including the District Health Officer of Pune, and municipal bodies in Baramati, Indapur, Jejuri, Saswad, and the Maharashtra Jeevan Pradhikaran, requesting necessary actions to address the concerns raised. The District Health Officer, Pune, confirmed that water testing was being carried out and that no significant health crises had emerged in the affected villages.


After considering the submissions and the MPCB's report, the Tribunal found that the water contamination issue, as reported in the news item, lacked sufficient evidence. Since the specific contaminated sources were not identified in the news, and no adverse findings were presented by the MPCB or health officials, the NGT decided not to proceed further with the case.


Consequently, the application was disposed of, with the Tribunal acknowledging that no immediate threat to public health had been confirmed. However, the NGT emphasized the importance of continued vigilance in monitoring water quality along the Palkhi route, especially during mass gatherings.


Notable that the Palkhi route is a pilgrimage trail in Maharashtra that witnesses a significant movement of devotees every year. Concerns about water quality along this route are not new, given the strain on local resources during the pilgrimage. This case underlines the importance of maintaining rigorous public health and environmental safety standards during large religious and cultural events.

NGT Kolkata Bench Declares SEIAA's Environmental Clearance Illegal, Prohibits Sand Mining at Rayanramchandrapur Without District Survey Report

Sand Miner Not Guilty of Illegal Environmental Clearance, But Faces Consequences for Monsoon Mining Activities 

23/09/2024 YouTube X LinkedIn


The National Green Tribunal (NGT) Eastern Zone Bench in Kolkata has pronounced its Order on Original Application No.84/2023/EZ. The matter pertains to Abani Kumar Sahu versus State of Odisha and Others. The bench of Justice B. Amit Sthalekar, Judicial Member and Dr. Arun Kumar Verma, Expert Member, convened a hearing on 4th September 2024 and reserved the Order.


The applicant represented by acclaimed Environmental Lawyer Sankar Prasad Pani, accompanied with Advocate Ashutosh Padhy alleged that Respondent No. 8 Asit Kumar Parida was illegally conducting sand mining at the Rayan Ramchandrapur Sand Source in Jaleswar, Balasore District, Odisha, over 20.38 acres. It was claimed that a lease was granted to Respondent No. 8 on April 13, 2021, despite Environmental Clearance, initially awarded to Rajesh Kumar Khatua in July 2017 and later transferred to Asit Kumar Parida in March 2021. The SEIAA noted on May 6, 2022, that the clearance was granted ad-hoc and would be revoked after December 31, 2022. Furthermore, the State Pollution Control Board allegedly issued Consent to Operate without verifying this clearance, first on May 10, 2022, and renewed it in February 2023. A letter from the Sub-Collector dated March 24, 2023, indicated that the sand source is situated in a DLC forest and should not be operated, as it was not recommended in the District Survey Report. Despite this, a ‘Y’ Form for sand transportation was issued on July 8, 2023, allowing mining during the monsoon. Lastly, it is alleged that no green belt or plantation has been established as required by the Approved Mining Plan, which mandates the planting of 50 saplings annually over the five-year lease period.


The Tribunal noted in an affidavit by the Divisional Forest Officer, Balasore, dated March 13, 2024, that an inspection on March 7, 2023, revealed that only 5.0 hectares of the 26.01 hectares in the leasehold area of Rayanramchandrapur Sand Quarry constitutes DLC Forest land. This determination was based on geo-referencing conducted by Revenue, Forest, and Mining officials. The Forest Department stated that out of the total area, 5.40 hectares has been designated as Rayanramchandrapur Village Forest, and 8.5 hectares has been leased for sand quarry operations. The assertion that the entire 26.01 hectares should be considered DLC Forest without detailed subplotting was deemed misconceived and rejected by the Tribunal. Additionally, historical data showed that in 1988-89, 5.0 hectares were planted under Social Forestry, and a notification in 1993 recognized this area as Village Forest. The Tribunal also clarified that the initial Environmental Clearance granted to Respondent No. 8 was conditional and that there was no valid District Survey Report for Balasore, referencing a previous ruling in Appeal No. 18/2023/EZ, Haripada Manna Vs. State of Odisha & Ors. 


The key points from the Tribunal's decision regarding the illegal sand mining activities are significant. 

On what ground the Tribunal found Asit Kumar Parida not Guilty? 

On what ground the Tribunal found Asit Kumar Parida Guilty?


The Tribunal imposed Environmental Compensation because of the guilt of mining during the monsoon period that would have caused environmental damage, regardless of the legality of the clearance. The Sand Mining Guidelines aim to protect river ecosystems during sensitive seasons, and mining during the monsoon can lead to erosion, habitat destruction, and water contamination. Compensation serves to address this harm and hold Respondent No. 8 accountable for the environmental impact caused by this prohibited activity. The State Environment Impact Assessment Authority (SEIAA), Odisha has been tasked to compute Environmental Compensation.


The Tribunal has further directed that no sand mining shall be carried out in the Rayanramchandrapur Sand Source along the Subarnarekha River in the absence of a District Survey Report in District Balasore duly approved by SEIAA, Odisha.  


The SEIAA, Odisha, is directed to immediately revoke the illegally granted Environmental Clearance for Respondent No. 8. If sand mining continues at the Rayanramchandrapur quarry, the SEIAA must ensure it ceases immediately. This order does not preclude the initiation of criminal proceedings against Respondent No. 8 as per law. 

Nainital Matters

21/09/2024 YouTube X LinkedIn


The National Green Tribunal (NGT), Principal Bench, heard a crucial case regarding the large-scale illegal felling of trees near Nainital, Uttarakhand, which has severely impacted the environment and endangered species. The case, Vivek Verma vs. State of Uttarakhand & Ors., highlighted the destruction of forest cover crucial for recharging the Naini Lake, prompting the NGT to question the authorities’ failure to impose environmental compensation. 


The Tribunal's Bench comprising Justice Sudhir Agarwal, Judicial Member and Dr. Afroz Ahmad, Expert Member, directed the Uttarakhand Government to classify Nainital into environmental zones and ensure urgent lake rehabilitation, with compliance reports due by December 2024. Subscribe to read more


In another matter, the Tribunal directed the Uttarakhand Government and relevant authorities to undertake a detailed demarcation of forest and revenue land in Gethiya village, located atop a hill in Nainital. The order came during the hearing of a matter filed by Lal Ji Kumar against the Divisional Forest Officer (DFO) and other officials. The case revolves around allegations of encroachments on forest land after unknown persons dismantled the boundary pillars separating forest and revenue land. Despite complaints, no action had been taken, prompting the applicant to approach the NGT.


The Tribunal's Bench of Justice Sudhir Agarwal, Judicial Member and Dr. Afroz Ahmad, Expert Member, issued notices to the respondents and formed a joint committee consisting of representatives from the Uttarakhand Pollution Control Board (UKPCB), the DFO, and the District Magistrate of Nainital to verify the claims. Upon reviewing the situation, it was found that there was a dispute between the Revenue and Forest Departments regarding the exact boundary of the land.


Due to this inter-departmental conflict, the NGT impleaded additional parties, including the State of Uttarakhand, through the Chief Secretary, the Principal Secretary (Revenue), and the Surveyor General of India, to resolve the issue. The tribunal directed these authorities to submit their responses and instructed the Principal Secretary (Revenue), Principal Chief Conservator of Forests, and the Surveyor General of India to complete a proper survey and demarcation of the land in dispute within two months.


Dr. Anand Shrivastava, Additional Secretary (Revenue), informed the tribunal that while the demarcation exercise had begun, it would take time to complete. In response, the NGT emphasized the urgency of the matter and ordered that the demarcation be expedited, with compliance reports to be submitted before the next hearing. Officers from the relevant departments are required to participate in the proceedings via video conference on the next hearing date.


The Tribunal’s directive highlights the importance of resolving boundary disputes between the Forest and Revenue Departments to prevent further encroachments on protected land and safeguard the environmental integrity of the area.


The case will continue with the next compliance hearing scheduled after the two-month period. The Survey of India has submitted a compliance report before the Tribunal that National Survey and Mapping Organization of the country under the Department of Science & Technology, is the oldest Scientific department of the Government of India. It was set up in 1767. The Survey Report dated 11th September 2024 was submitted before the Tribunal for consideration in the next hearing scheduled on 23.09.2024. The survey report has opined that the area bearing point id from A-1 to A-17 shown appears to be forest land. However, it has not confirmed. The report indicates the pillars were found only at 5 points and all were damaged. 

NGT Dismisses Duplicate Complaint Against Manomey Tex India for Air Pollution Violations

18th Sept 2024 YouTube X LinkedIn


The National Green Tribunal (NGT) dismissed an application filed by Mangi Lal, Badrilal, and others, alleging environmental violations by Manomey Tex India Ltd. in Rajasthan. The applicants claimed that the company, a Red Category industry, had expanded production in Gangrar, Chittorgarh, from one crore meters to four crore meters annually, causing severe air pollution and posing health hazards.


The Tribunal, presided over by Justice Sudhir Agarwal and Dr. Afroz Ahmad, noted that the same complainants had already filed a similar case in O.A. No. 795/2024 (Badarilal & Ors. vs. State of Rajasthan). That case, which raised identical concerns, was under review, with the NGT having previously ordered a joint inspection by the Central Pollution Control Board (CPCB) and other authorities.


Since the matter was already sub judice, the NGT ruled that the applicants could not file repetitive petitions. The Tribunal dismissed the current application but allowed the applicants to continue pursuing their grievances in the earlier case.


The NGT had previously constituted a joint committee to investigate the claims against the textile company. A factual report on the alleged violations, including air pollution caused by the company’s expansion, is expected by 22nd October 2024.


The Tribunal's earlier order called for strict monitoring of air pollution caused by industries, particularly those in the Red Category, in compliance with Rajasthan pollution control regulations. Subscribe to read more

NGT Addresses Compliance Issues in Himalayan Food Park Case

Impleads PPCB in tree cutting case, Constitutes Joint Committee to inspect forest land encroachment matter, Takes Up Bhiwani Tree Cutting in Court Complex Case

18th Sept 2024 YouTube X LinkedIn


The National Green Tribunal (NGT) Principal Bench convened on 12th September 2024 to hear Original Application No. 402/2022, filed by Anand Swaroop Rastogi against Himalayan Food Park Pvt. Ltd. The case was presided over by Justice Sudhir Agarwal, Judicial Member, and Dr. Afroz Ahmad, Expert Member.


The application, represented by Advocate Udit Bansal, challenges the alleged non-compliance with environmental regulations by Himalayan Food Park Pvt. Ltd. (Respondent No. 1), particularly concerning the maintenance of a green belt and the construction of an Effluent Treatment Plant (ETP) and Sewage Treatment Plant (STP) as stipulated in their consent conditions.


The specific grievance raised refers to Condition No. 7 of the Consolidated Consent to Operate and Authorization dated 1st December 2017, which mandates the development of three rows of green belt with plant species recommended by the Central Pollution Control Board. Additionally, the application cites non-compliance with requirements for ETP and STP.


The tribunal's attention was drawn to a similar case, O.A. No. 129/2020, involving Himalayan Food Park Pvt. Ltd. The earlier case, disposed of on 24th November 2020, highlighted similar concerns regarding the development of a green belt and the establishment of ETP/STP. The tribunal’s order in that case required strict enforcement of emission monitoring, soil testing, and development of a more dense green belt.


In the subsequent Supreme Court appeal (Civil Appeal No. 6865 of 2021), the Court granted the appellant the liberty to file a review petition with the NGT. However, no review petition was filed. The counsel for the applicant acknowledged this but argued that the conditions for the green belt and ETP/STP were still not met. The Tribunal noted that since the issues had been previously adjudicated and no review had been filed, the matter could not be reopened.


The Tribunal emphasized that individual grievances against specific industries within Himalayan Food Park, if any, should be addressed in appropriate forums. Consequently, all pending interim applications (IAs) in this matter were disposed of.


Deliberating on the Original Application No.961/2024, the Bench directed an inquiry into allegations against Osho Ganga Dham (Janki Kutiya) at Brahampuri. The petition claims the Ashram has illegally expanded into forest areas and is operating as a commercial hotel, violating lease terms and environmental laws. A Joint Committee, led by the District Magistrate and including the Divisional Forest Officer and Uttarakhand Pollution Control Board, has been tasked with investigating the claims and submitting a report within a month. The case will be reviewed again on 24th October 2024.


Hearing on the Original Application No. 739/2023 in the matter of Environment Protection Society (Regd.) S.A.S. Nagar & Anr versus MoEF&CC & Ors. on 17th September 2024, the Bench directed that Punjab Pollution Control Board (PPCB) through its Member Secretary be impleaded as respondent no.7. Issue of cutting of trees for widening of road has been raised in the matter. The NGT noted that large number of trees cut in urban area are bound to cause damage/degradation of air quality causing air pollution and, therefore, State Pollution Control Board is under a statutory obligation to take care by initiating remedial, punitive and preventive steps. PPCB has to specifically inform within two weeks after receipts of notice on what action it has taken for causing adverse impact on the air quality in Mohali due to trees already cut by respondent 6 and in respect of the trees, proposing to cut for further widening of the road. It will also place on record whether it has imposed any environmental compensation upon respondent 6 or not and if not, why. In the meantime, Divisional Forest Officer, Mohali shall also place on record, under which provision it has made assessment of value of trees and what are the guidelines/principles/yardsticks on which such assessment has been made, by filing additional reply within two weeks. The matter is further listed on 14th October 2024.


The Bench, during a hearing on 13th September 2024, addressed a letter petition registered as Original Application No. 957/2024 filed by Amit Kumar Arya, a law student, alleging illegal tree cutting in the District Court premises of Bhiwani, Haryana. The petition claims that around 40 trees were felled by the District and Sessions Judge in violation of environmental laws, harming the habitat of birds and bees.  The NGT found no evidence that the land is part of a forest or that the Punjab Land Preservation Act, 1900 applies. However, acknowledging the potential environmental impact, the NGT directed the Haryana authorities to investigate. A Joint Committee, comprising the Divisional Forest Officer (DFO) and Haryana Pollution Control Board, has been formed to probe the matter and submit a report within a month. The DFO will serve as the nodal authority for the investigation.  The NGT has instructed the committee to assess if environmental laws were violated and take necessary actions if violations are found. Subscribe to read more

GPCB Protecting GSECL?

17th Sept 2024 YouTube X LinkedIn

Sanjaya K. Mishra


The National Green Tribunal (NGT) Western Zone Bench in Pune, on 12th September 2024 held a hearing in the matter of Gujarat State Electricity Corporation Ltd. (GSECL), Kutch Lignite Thermal Power Station causing pollution in River Kali and violation of groundwater regulation. 


The Bench presided over by Justice Dinesh Kumar Singh, Judicial Member, and Dr. Vijay Kulkarni, Expert Member, noted that the applicant has filed an interlocutory application with a prayer to “Direct the District Collector and State Pollution Control Board and other authorities to assess the quantity of illegal extraction of ground water and audit of water requirement of the unit and its resources of extraction”. The applicant's counsel, acclaimed Advocate Sankar Prasad Pani, presented the case. 


None the less, it would be pertinent to note that people raise query such as "How can I complain to the Gujarat electricity board?", "Is GSECL a private or Government company?", "Who is the owner of Gujarat Electricity Corporation Limited?", besides general enquiry on Gujarat state electricity corporation ltd Kutch vacancy. For detailed reports subscribe / be a member

NGT Probes Alleged Illegal Transfer of Forest Land for Industrial Use in Odisha

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:


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.

NGT Takes Up Appeal Against Environmental Clearance for Mirigini Stone Quarry 

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:

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.

NGT Orders Manipur Government On Zeilad Wildlife Sanctuary

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

NGT Initiates Suo Moto Action Against Realestate Company Omaxe for Alleged Environmental Violations in Lucknow

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

NGT Pune Bench Admits Govandi New Sangam Welfare Society's Plea for EDC from Violator

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

NGT Central Zone Bench Reserves Order on Toxic Gas Leak and Seeks Replies in Jabalpur Sand Mining Case

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

NGT Directs Howrah Railway Division on Pollution Control at Dankuni Goods Shed

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

NGT Disposes Appeal Against GPCB's Environmental Compensation Decision on SHCHEM

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:

Kerala High Court Directs Translation and Extended Notice Period for Draft Notification

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:

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

Why did the NGT dismiss the case regarding kilns operating in Gujri Bazaar, Meerut?

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.

NGT Orders Environmental Compensation in J&K Mining Case 

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".

NGT Dismisses Application Challenging EC for Temple Project 

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.

Haryana Imposes ₹1.79 Crore and ₹5.47 Crore Environmental Compensation on Ansal and Taneja Developers

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.

Temple Noise Pollution Complaint Outside Scope of Section 21 of Air Act

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.

Telangana and Karnataka Projects Get Legal Boost from NGT

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.

National Green Tribunal Initiates Action on Rising Elephant Deaths in Kerala

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.

NGT Suspends Non-Bailable Warrant Against Bijnor DFO After Commitment to Appear in Person

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.

National Green Tribunal Orders Reassessment of Compensation for Baghjan Oil Well Blowout Victims

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.

NGT CZ Classifies Durg Bus Tragedy as Accidental, Orders Enhanced Mining Pit Safety

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. 

NGT Hearing on Wetland Protection in Vasai-Virar

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. 

NGT Probes Ammonia Gas Leak in Mayurbhanj Cold Storage, Orders Committee Inspection

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.

NGT Grants SEIAA Odisha 10 Days to Submit Inspection Report

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.

NGT Dismisses Review Application Seeking Closure of Petrol Pump Near School

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.

NGT Investigates Illegal Sand Mining in Mahanadi River under Ambavona Police Jurisdiction

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.

NGT Takes Up Illegal Mining Tragedy, Firecracker Explosion, and Groundwater Misuse

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.

Key Judgments to Protect Yamuna Flood Plains

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:



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.

Hexavalent Chromium Pollution in Sukinda Valley Water Environment

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.

Grasim Industries Faces Legal Scrutiny Over Environmental Compliance

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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NGT Rejects NHAI's Environmental Compensation Pleas

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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NGT Verdict on Bharat Serums Pollution Allegations

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. 

NGT Orders Demolition of Illegal Constructions Near Indrayani River, Levies Rs. 5 Crore EDC

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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Supreme Court Mandate Reopens NGT Hearing on Goa Coastal Zone Violations by Vijay Engineers

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 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. 

NGT Takes Swift Action on Environmental Complaints Post-Summer Break

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.

NGT Denies Interim Relief for Rajasthan Mining, Rejects Urgent Plea Against Punjab Crushers 

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.

Jindal Steel Works Responds to Allegations, Challenges Joint Committee's Findings and Questions OA's Maintainability

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.

NGT Kolkata Bench Orders Committee Investigation into Alleged Environmental Violations by Narangarh Khondalite Stone Quarry

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.

NGT's View on CER

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.

Two Interesting Judgments on Tree Cutting

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.

NGT Pronounces Order on Riverbed Sand Mining Case in Haryana

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.

NGT Directs K.K. Concrete Products to Implement Amicus Curiae's Environmental Recommendations and Undergo SPCB Monitoring

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.

NGT Takes Up Long-pending PIL on River Gomti Pollution

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.

Punjab Pollution Control Board Submits Report to NGT on Alleged Environmental Violations by Nectar Life Sciences 

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.

FAQs


What is the work of NGT?

The National Green Tribunal (NGT) was established on 18th October 2010 under the NGT Act of 2010 as a specialized body for handling any environmental disputes that involve multi-disciplinary issues. The Tribunal is tasked with providing effective and expeditious remedy in cases relating to environmental protection, conservation of forests and other natural resources and enforcement of any legal right relating to environment.


Who is NGT chairman?

Justice Prakash Shrivastava is currently the Chairman of NGT. He was sworn in as the Chief Justice of Calcutta High Court on 11-10-2021 and had demitted the office of the Chief Justice on 30-03-2023. Justice Prakash Shrivastava has been appointed as Chairperson of National Green Tribunal on 21-08-2023.


Where is NGT in India?

NGT Principal Bench is in New Delhi. Besides, it has Central Bench at Bhopal, Western Zone Bench at Pune, Eastern Zone Bench at Kolkata and Southern Zone Bench at Chennai.


Where is NGT headquarters in India?

New Delhi.


Which act is NGT?

National Green Tribunal Act, 2010 (No. 19 of 2010).


Who is the first chairman of NGT?

The first Chairperson of the National Green Tribunal (NGT) was Justice Lokeshwar Singh Panta.