NGT Orders

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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

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 M/s 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

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. 

1. Applicant’s Claims:

   • The applicant claimed the Joint Committee did not attribute pollution directly to their activities.

   • They questioned the validity of the EDC without prima facie evidence of pollution caused by their unit.

2. MPCB’s Response:

   • MPCB argued the EDC was imposed for operating without the required Consent to Operate.

   • They admitted procedural errors in collecting wastewater samples but emphasized that violations occurred regardless of pandemic disruptions.

3. Tribunal’s Query:

   • The Tribunal asked Nix Polymers’ counsel to specify the pandemic period during which operations ceased. The counsel failed to provide clear dates or supporting documents, acknowledging the absence of such details in their 2021 objections.

4. Supreme Court Directive:

   • The Supreme Court’s 18th November 2024 order allowed the Tribunal to reconsider all aspects of the case.

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.

• State of Maharashtra and Central Pollution Control Board (CPCB) representatives made no arguments during the hearing.

• SMKMC (respondent No. 7) also refrained from presenting arguments.

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.

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. 

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.

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. 

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.

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:

1. The incinerator must be replaced to meet technical norms. Until then, waste generated in the unit’s coverage area should be handed over to the nearest authorized CBWTF.

2. The unit must comply with directions issued by the Central Pollution Control Board (CPCB) and MPPCB and submit a time-bound action plan for future operations within 15 days.

3. Closure orders issued under the Water and Air Acts and Section 5 of the Environment (Protection) Act, 1986, will remain in effect until the facility achieves full compliance.

4. The unit must maintain and submit electronic proof of waste collection and disposal to the MPPCB regional office weekly.

5. The unit’s operations are currently restricted to the Satna and Panna areas, with strict adherence required. Failure to provide proper electronic proof may result in a review of the unit’s waste collection permissions.

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.

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:

1. Tree Preservation Efforts: Out of 943 banyan trees initially at risk, 393 have been retained, and 522 are to be translocated to the Mudimyal Reserve Forest. The alignment changes and translocation plans were guided by the recommendations of a three-member expert committee.

2. Compliance with Safety and Technical Standards: The NHAI emphasized that Vehicular Underpasses (VUPs), instead of bypasses, were incorporated to address accident-prone black spots, in adherence to Indian Roads Congress (IRC) guidelines and Ministry of Road Transport and Highways (MoRTH) standards.

3. Challenges to Proposed Bypasses: The NHAI argued that bypasses would require additional land acquisition, lead to geometric challenges in highway design, increase project costs, and fail to address critical safety concerns effectively.

4. Mitigation and Monitoring Measures: The EIA includes provisions for compensatory afforestation at a 1:10 ratio, wildlife corridors to facilitate movement, and ongoing environmental monitoring by the Zoological Survey of India (ZSI).

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.

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.

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:

1. Lack of Guidelines for Identifying Exotic Magur: The applicant argued that the State Authorities had not framed proper guidelines for identifying the Exotic Magur (Clarias gariepinus) and distinguishing it from the Indian Magur (Clarias batrachus).

2. Clarification on the Ban: The applicant also sought clarification regarding the ban imposed on the culture, breeding, transportation, and import of Exotic Magur fish.

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:

1. Action Against Exotic Magur: The Tribunal directed that the District Collector or District Commissioner should take necessary actions to eliminate the Exotic Magur. Specifically, the authorities were instructed to form inspection teams made up of officials from the Fisheries Department to inspect fish ponds and properly identify the prohibited Exotic Magur.

2. Sourcing of Catfish: The Tribunal also directed that all catfish breeders must source their fish from the State Fisheries Department or from other agencies authorized by the department. This was to ensure that only legitimate, authorized sources were used in breeding and selling fish, and to avoid the spread of Exotic Magur.

3. Safeguards: The NGT’s earlier order also included safeguards to ensure that only the Exotic Magur (which is prohibited) would be destroyed, and not other species of fish.

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.

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:

• Unprocessed Waste: Out of the 500 tonnes per day (TPD) of waste generated in Chandigarh, 495 TPD is being processed. However, a gap of 5 TPD remains, primarily involving dry waste. The Tribunal emphasized that this gap must be addressed urgently.

• Lack of Authorizations for Processing Plants: The Tribunal observed that the UT Administration has failed to disclose authorizations granted to waste processing plants. It also pointed out the absence of proper monitoring and compliance with Municipal Solid Waste (MSW) Rules at these facilities.

• Leachate Treatment Issues: The report indicated that the leachate treatment plant in Chandigarh is not functioning adequately. There has been no clear information provided regarding the utilization and disposal of leachate. The Tribunal has directed that the treatment plant be maintained properly to avoid any environmental risks such as effluent spills and stagnant leachate on-site.

• Legacy Waste: Chandigarh still has 0.20 Lakh Metric Tonnes (LMT) of legacy waste, which has yet to be remediated. The Tribunal called for a clear action plan to achieve the remediation of legacy waste and emphasized the importance of proper management of existing landfills.

• Inert Waste: The Tribunal found that inert waste is being dumped in low-lying areas, a practice that violates the MSW Rules. The authorities were urged to identify and designate appropriate sites for such waste disposal and provide detailed disclosures on the extent of land reclaimed after remediating 20 acres of old dumping sites.

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

• Sewage Treatment Capacity: Out of 232 Million Litres per Day (MLD) of sewage generated, Chandigarh is treating 228.3 MLD in 8 Sewage Treatment Plants (STPs). However, a gap of 3.7 MLD remains, primarily from Faidan village and peri-urban areas. The Tribunal noted that no clear strategy or time frame had been provided to address this shortfall, which had been flagged in previous orders.

• STP Performance: The Joint Committee's report revealed that certain STPs in Chandigarh are not meeting required standards. Specifically, high levels of fecal coliform (FC) and Total Nitrogen (TKN) were found at four STPs: Diggian, Kishangarh, Raipur Khurd, and Maloya. The Tribunal directed the UT authorities to take corrective action to ensure these STPs comply with environmental standards. The UT Administration and the Joint Committee have reported conflicting results regarding the performance of Sewage Treatment Plants (STPs). According to the Joint Committee, water samples taken from the outlets of 8 STPs show high levels of fecal coliform (FC) at the Diggian, Kishangarh, Raipur Khurd, and Maloya STPs. Additionally, the Total Nitrogen (TKN) levels have been exceeding acceptable limits. The Tribunal has instructed the authorities to take immediate action to address these issues. Furthermore, in accordance with the standards set by the Tribunal in OA No. 1069/18, the treated sewage, once it meets the required standards, should be used for secondary purposes (like irrigation). The authorities have been ordered to complete the necessary work for the sewage conveyance system and ensure that identified users are in place to utilize the treated water.

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.

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: 

1. Action on Stack Height Violations: SEIAA, Odisha, has been directed to issue appropriate orders addressing the violation of stack height requirements within four weeks, based on the affidavits submitted by the OSPCB.

2. Accountability for Negligence: Referring to its earlier order dated 1st May 2023, the Tribunal reiterated the need for SEIAA to investigate the conduct of its officers responsible for enforcing EC conditions during the relevant period. It flagged the affidavit of SEIAA dated 1st May 2024 as silent on the action taken against negligent officers, despite the Ministry of Environment, Forests and Climate Change (MoEF&CC) having directed the Forest and Environment Department of Odisha to address the issue on 10th July 2024.

3. Warning to SEIAA: The Tribunal issued a stern warning to SEIAA, Odisha, against non-compliance with its orders, cautioning that failure to act would invite proceedings under Sections 26 and 28 of the National Green Tribunal Act, 2010.

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. 

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. 

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.

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. 

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

1. Inspection Reports: A site inspection on 5th July 2024 confirmed that the platform served as a vital access point for villagers and mitigated risks of flooding and soil erosion.

2. Historic Context: A report from 7th May 2018 noted the platform’s dilapidated condition and the necessity of its refurbishment to accommodate over 400 Ganapati idols annually.

3. NOC Compliance: The platform was initially approved under a No Objection Certificate (NOC) issued by GCZMA in December 2020 for flood-control measures and public use. However, complaints alleged violations of these terms due to unauthorized extensions.

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

• A writ petition was filed in the Bombay High Court, which was later withdrawn in November 2021, granting liberty to escalate the matter to the NGT.

• The GCZMA’s corrigendum to the NOC was challenged but upheld by the NGT in 2021.

• The Supreme Court dismissed a related civil appeal in April 2022.

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.

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.

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.

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.

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:

1. Illegal Mining: Extraction of raw materials from river beds for stone crushers and hot mix plants without obtaining necessary permissions.

2. Proximity to Residential Areas: Industrial units were established within 100–200 meters of residential zones and agricultural lands, despite a mandatory 500-meter buffer zone.

3. Non-Compliance with Regulations: The units operated without obtaining a No Objection Certificate (NOC) from the Deputy Commissioner for land title verification, as required under the Jammu and Kashmir (Stone Crushers/Hot and Wet Mixing Plants Regulation) Rules, 2021. 

4. Environmental and Health Impacts: The units lacked dust suppression mechanisms, green belt development, and proper waste management systems. Continuous operations caused severe air, water, and noise pollution, resulting in respiratory diseases, skin ailments, and contamination of the Mandi Nalla water body.

5. Encroachment and Destruction: The industrial units allegedly encroached upon agricultural lands, destroyed irrigation canals, and blocked traditional pathways used by villagers to access their fields.

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:

• Immediate Halt and Relocation: Respondents 6 and 7 must cease operations and relocate their industrial units to sites compliant with siting norms within two months. 

• Environmental Compensation: An interim compensation of ₹7,20,000/- must be deposited by respondent 6 (owned by respondent 8) with the JKPCC within one month. 

• Assessment of Final Compensation: JKPCC was instructed to conduct a detailed assessment of the environmental damage and determine the final compensation amount within two months after hearing all stakeholders. 

• Utilization of Compensation: Funds collected as compensation must be used for environmental restoration in the affected area through an Environment Rejuvenation Plan. The plan will be prepared and executed by a joint committee comprising the District Magistrate, Poonch, JKPCC, and CPCB, with JKPCC as the nodal agency. 

• Operational Restrictions: The units must not operate at their current sites until they comply with relocation directives. 

• Compliance Reporting: JKPCC was directed to submit a compliance report to the Registrar General of the Tribunal by 15th February 2025.

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.

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.

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.

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:

1. The allegations of noise pollution and rule violations under the Noise Pollution (Regulation and Control) Rules, 2000 were baseless.

2. The second notice was issued maliciously under political influence, intending to destabilize their operations and facilitate the acquisition of their premises for expansion purposes.

3. The company never breached the permissible noise levels as stipulated by Rule 7 of the Noise Pollution Rules.

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.

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:

• Original Application No. 327/2022 (Amaravati Fly Ash Bricks Manufacturers Association v. Union of India)

• Original Application No. 878/2022 (Tamil Nadu Fly Ash Bricks and Blocks Manufacturers Association v. Union of India)

• Original Application No. 661/2024 (Tamil Nadu Fly Ash Bricks and Blocks Manufacturers Association v. Union of India)

Key Issues Raised:

1. Amaravati Fly Ash Bricks Manufacturers Association (O.A No. 327/2022): The association has filed a petition seeking various reliefs against the practices of thermal power plants concerning fly ash management. The applicant has requested the cancellation of certain office orders from the Ministry of Power (dated 22nd February 2022 and 16th March 2022) which they claim exacerbate the issue of fly ash disposal. Specifically, the association is asking the Tribunal to direct the government to prohibit the dumping of fly ash into pond ash, arguing that it leads to soil contamination and significant environmental pollution, including groundwater and air contamination.

2. Fly Ash Utilization and Transparency: The applicant has also sought directions for the establishment of fly ash depots at Urban Growth Centers. This would ensure that fly ash is readily available for use by the brick manufacturing industry, thereby promoting the 100% utilization of fly ash and contributing to cost savings for thermal power plants. The association claims that the Ministry of Power’s advisory order, which mandates the use of a transparent bidding process for the sale of fly ash, is counterproductive to achieving this goal.

3. Environmental Violations and Misreporting: The Amaravati association alleges that thermal power plants are falsely reporting 100% utilization of fly ash. They argue that power plants are including fly ash used for non-commercial purposes, such as bund formation, in their reported statistics. Furthermore, the association claims that power plants convert surplus fly ash into slurry, which incurs high operational costs related to pumping, water usage, and maintenance of ash ponds.

Tribunal’s Orders:

• Submission of Further Details: The Union of India, represented by Solicitor General K.M. Natraj, informed the Tribunal of subsequent developments in the case. The Tribunal has granted the Union ten additional days to submit an affidavit detailing subsequent notifications and facts pertaining to the case.

• Next Hearing Date: The case is scheduled for a follow-up hearing on 16th December 2024.

• Notice to Respondents: The Tribunal issued notices to the respondents in Original Application No. 327/2022 and Interim Application No. 110/2022, directing them to file responses to all material points raised in the application within two months. The applicants have also been directed to submit their affidavit regarding the service of notices to the respondents.

• Environmental Impact Considerations: The Tribunal observed that the issues raised in the application involve substantial environmental concerns related to the handling and disposal of fly ash. These concerns include the potential violation of environmental norms, notifications, and statutory regulations.

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.

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):

1. Operational Status: All five STPs, located in Rewari, Bawal, and Dharuhera towns, are functional. The Kaluwas STP in Rewari is undergoing a significant upgrade, transitioning from a 6.5 MLD plant using Moving Bed Biofilm Reactor (MBBR) technology to a 10 MLD plant employing the more efficient Sequencing Batch Reactor (SBR) technology.

2. Effluent Disposal: Treated effluent from four STPs is discharged into the Massani Barrage, while the 3 MLD STP at Bawal diverts its effluent to Gram Panchayat land in Pawti village, steering clear of the barrage.

3. Enhanced Chlorination Measures: PHED has gone the extra mile by installing additional chlorination units at all STPs to ensure harmful bacteria are eradicated before final effluent discharge.

4. Compliance Check: Independent analysis by Jamia Millia Islamia University, New Delhi, revealed that four out of five STPs comply with the Haryana State Pollution Control Board's (HSPCB) standards. The Kaluwas STP, built under earlier design standards, also meets the older applicable benchmarks.

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.

• Startling Findings: On 10th September 2024, CPCB samples reported COD levels nine times and BOD levels eight times above the standard limits. Composite samples collected by Jamia Millia Islamia University in late October corroborated these alarming figures, showing industrial effluents as the culprit.

• Operational Impact: The blending of untreated industrial waste with domestic sewage undermines the sustainability and efficiency of STPs, making it nearly impossible for them to meet prescribed standards.

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:

• Notices to Violators: HSPCB should issue notices to the 169 erring industrial units for unauthorized effluent discharge.

• Enhanced Oversight: Mandating stricter monitoring and enforcement by HSPCB to prevent industrial waste from entering domestic sewerage networks.

• Legal Recourse: Strong legal action against habitual offenders to set a precedent for compliance.

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. 

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:

1. What are the legal duties of states under international law to mitigate climate change and safeguard the environment for current and future generations?

2. What legal consequences arise for states that, through action or inaction, have caused substantial harm to the environment, especially in relation to vulnerable groups like small island developing states and future generations?

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.

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

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:

• Constructing site camps, batching plants, concrete structures, and asbestos roof. 

• Extracting and dumping minor minerals, such as sand and stone aggregates, from the Luna Riverbed.

• Storing construction materials on Plot No. 705/861 of Khata No. 330 (18.74 acres) and Plot No. 333 of Khata No. 333 (21.6 acres), designated as floodplain and public property.

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:

1. Association for Environment Protection v. State of Kerala and Ors. (2013): The Supreme Court of India directed the demolition of a structure raised by reclaiming the river for establishing a restaurant as part of the renovation and beautification of Manalpuram Park in Aluva.

2. OA No. 22 of 2020 in NGT Eastern Zone Bench: In its order dated 15th December 2020, the NGT directed the removal of the Panchmukhi Hanuman Temple constructed illegally on the embankment of the Mahanadi River. The order was upheld by the Supreme Court of India.

3. Article 48A of the Constitution of India: Imposes an obligation on the State to protect and improve the environment and safeguard forests and wildlife.

4. M.C. Mehta v. Kamal Nath (1997): Affirming that water flow cannot be obstructed for commercial construction, with the State acting as a trustee of the environment.

5. Vellore Citizens Forum (1996): Emphasizing sustainable development as a part of Indian common law.

6. Mantri Techzone Pvt. Ltd. v. Forward Foundation (2019): Highlighting restrictions on constructions in buffer zones to protect the environment.

7. Article 51A(g): Enumerates the fundamental duty of citizens to protect the natural environment, including rivers, forests, and wildlife, reflecting the ethos of sustainable development.

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

1. The potential ecological damage to the Luna River and surrounding areas.

2. The urgent need to ensure the river’s free flow and the removal of unauthorized structures.

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. 

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:

• Notice to Respondents: The Tribunal directed notices to various authorities, including the Ministry of Environment, Forest and Climate Change (MoEF&CC), West Bengal Pollution Control Board (WBPCB), Department of Environment and Forest, Government of West Bengal, and the East Kolkata Wetlands Management Authority. Other respondents include the Rajpur-Sonarpur Municipality and the District Magistrate of South 24 Parganas.

• Constitution of a Fact-Finding Committee: The Tribunal has formed a Fact-Finding Committee to investigate the allegations and submit a detailed report. The committee will consist of representatives from the WBPCB, East Kolkata Wetlands Management Authority, Rajpur-Sonarpur Municipality, and the District Magistrate’s office. The committee is tasked with visiting the site, assessing the environmental violations, and evaluating the impact on the wetlands.

• Timeline for Action: The committee is required to submit its report within four weeks, with the District Magistrate appointed as the nodal authority for logistics and the submission of the report. If violations are confirmed, the NGT has directed that action be taken against the violators according to environmental laws. Additionally, all respondents must file counter-affidavits within four weeks in response to the allegations.

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.

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.

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.

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.

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:

• The Padhiarka and Doliya Limestone Mine, located in Villages Padhiarka and Doliya, with a production capacity of 1.5 MTPA over a mine lease area of 332.24 hectares.

• The Dudher and Dudhala Limestone Mine, located in Villages Gujarda, Dudheri, and Dudhala, with a production capacity of 2.7 MTPA over a mine lease area of 681.62 hectares.

• The Vangar and Madhiya Limestone Mine, located in Villages Vangar and Madhiya, with a production capacity of 1.6 MTPA over a mine lease area of 612.1336 hectares.

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."

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.

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. 

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:

1. The applicant, Haripriya Patel, failed to appear for the hearing.

2. Odisha State Pollution Control Board’s Request
   Advocate Dipanjan Ghosh, representing the Odisha State Pollution Control Board (Respondent No.5), requested four weeks to file a counter affidavit, which was granted.

3. Non-Compliance by State Respondents
   The Government of Odisha failed to file the inspection report on affidavit, as mandated for the District Magistrate, Nayagarh. Consequently, the Tribunal directed the Law Secretary of Odisha to explain the absence of state counsel at the next hearing on 3rd January 2025. Notice has been issued, requiring a response within four weeks.

4. Internet Issues Impact SEIAA Submission
   Counsel for the State Environment Impact Assessment Authority (SEIAA), Odisha, cited internet glitches as the reason for failing to upload the required affidavit. The Tribunal granted one week for submission.

5. Private Respondent Seeks Case Documents
   Respondent No.7 informed the Tribunal that the original case application had not been served. The Tribunal instructed the respondent’s counsel to procure necessary documents from its portal or office and allowed four weeks for filing a counter affidavit.

Tribunal’s Orders:

• Law Secretary of Odisha to attend the next virtual hearing to clarify lapses in representation.

• Affidavits from SEIAA and other respondents to be filed within specified deadlines.

• The interim application (I.A. No. 91/2024/EZ) addressing document accessibility was disposed of.

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.

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.

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.

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.

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:

1. Health and Environmental Impact: The applicant highlights that firecrackers emit pollutants such as sulfur dioxide, nitric oxide, and toxic barium salts, which degrade air quality and pose lasting health risks.

2. Accidents and Elevated Pollution: The petition refers to a tragic incident on 29th May 2024 during Puri’s Chandan Yatra festival, where an illegal firecracker explosion led to 15 deaths and 22 injuries. Past pollution metrics, like Diwali 2013 when Bhubaneswar's air quality reached a hazardous 900 PPM, are also highlighted to illustrate the potential for harm.

3. Noise and Air Quality Concerns in Non-Attainment Cities: The petition underscores that firecracker-induced noise pollution exacerbates conditions in Odisha's seven CPCB-identified non-attainment cities—Bhubaneswar, Cuttack, Angul, Talcher, Balasore, Kalinganagar, and Rourkela—which already fail to meet National Ambient Air Quality Standards (NAAQS).

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.

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.

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.

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. 

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:

1. Lack of Factual Background: The tribunal noted that the application cited various legal provisions, including the Constitution of India, the Prevention of Cruelty to Animals Act, 1960, and the Veterinary Council of India Code of Ethics, 1992, but did not provide specific instances of violations of these laws. No names, areas, or detailed facts regarding the alleged breaches were presented, leaving the application "bereft of material factual particulars."

2. Unconnected Prayers: The application included multiple requests that were not directly related to one another, which, as per the NGT (Practices and Procedure) Rules, 2011, is not permissible. This procedural flaw contributed to the dismissal.

3. Misinterpretation of Rules: The applicant argued for making stunning of animals mandatory before slaughter, citing the Prevention of Cruelty to Animals (Slaughter House) Rules, 2001. However, the tribunal pointed out that the relevant rule—Rule 6(4)—does not mandate stunning, thereby weakening the basis of the plea.

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.

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.  

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.

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.

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.

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.

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

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.

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. 

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.

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? 

• Environmental Clearance Issue: The Tribunal acknowledged that the Environmental Clearance (EC) was illegally granted by SEIAA, Odisha. However, this was due to administrative failures, not actions of Respondent No. 8. Since the clearance was officially provided, he is not considered guilty of intentionally engaging in illegal mining activities.

On what ground the Tribunal found Asit Kumar Parida Guilty?

• Monsoon Mining Violation: Even though Respondent No. 8 had EC, he conducted mining operations during the monsoon season, a period strictly prohibited under the Sand Mining Guidelines of 2016 and 2020. Regardless of the legality of the EC, this violation makes him liable for wrongdoing under environmental regulations.

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. 

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. 

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

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

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

13th Sept 2024 YouTube X LinkedIn

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

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

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

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

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

Key Points:

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

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

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

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

• Next Hearing on 21st November 2024.

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

13th Sept 2024 YouTube X LinkedIn

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

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

Allegations Against the Environmental Clearance

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

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

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

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

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

NGT's Decision

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

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

12th Sept 2024 YouTube X LinkedIn

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

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

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

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

#Manipur #wildlife #zeiladwildlife

10th Sept 2024 YouTube X LinkedIn

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

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

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

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

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

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

10th Sept 2024 YouTube X LinkedIn

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

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

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

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

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

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

9th Sept 2024 YouTube X LinkedIn

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

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

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

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

9th Sept 2024 YouTube X LinkedIn

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

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

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

8th Sept 2024 YouTube X LinkedIn

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

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

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

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

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

Key Takeaways from the NGT's Decision:

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

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

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

7th Sept 2024 YouTube X LinkedIn

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

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

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

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

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

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

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

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

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

7th Sept 2024 YouTube X LinkedIn

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

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

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

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

4th Sept 2024 YouTube X LinkedIn

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

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

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

22nd August 2024 YouTube X LinkedIn

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

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

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

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

20th August 2024 YouTube X LinkedIn

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

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

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

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

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

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

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

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

7th August 2024 YouTube X LinkedIn

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

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

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

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

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

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

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

7th August 2024 YouTube X LinkedIn

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

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

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

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

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

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

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