Environment

Daily Court Digest: Major environment orders (February 17, 2025)

Down To Earth brings you the top environmental cases heard in the Supreme Court, the high courts and the National Green Tribunal

DTE Staff

NGT seeks report on carrying capacity of Kufri

The divisional forest officer (DFO) of Theog, located in Shimla district of Himachal Pradesh, informed the National Green Tribunal (NGT) that a comprehensive plan for the optimal use of horse dung would be presented to the tribunal. A cost-benefit analysis will be conducted, and a report will be submitted.

On February 13, 2025, NGT instructed the DFO of Theog to ensure that the report also clearly outlines the carrying capacity of Kufri in terms of horses and tourists. The original application highlighted concerns about the unscientific management of horses in Kufri, the regulation of tourist activities, and the resulting damage to the natural vegetation, local ecology, and environment.

The tribunal, by order dated November 5, 2024, had taken note of the suggestions of the Himachal Pradesh State Pollution Control Board (HPPCB) and also considered the letter dated February 8, 2024, recording the willingness of three horse unions to reduce the number of horses from 1,029 to 700 and also inaction in the regard.

The tribunal had considered the report of DFO, Theog, November 1, 2024 and had found that the report did not disclose the extent of garbage which is piled up at different places and to be remediated and the survival of plantation for deforestation.

Following this, the report from February 10, 2025, submitted by the DFO, Theog, detailed the measures taken by the forest department to address the horse dung issue at Kufri. The report informed the court that there are two methods available for disposing of the horse dung produced on the Kufri track.

The state's counsel said that between the two options of composting horse dung and disposing of it by briquetting, the first option of composting is more cost-effective and acceptable.

The court noted that there is no comprehensive plan on record for composting that considers factors such as the total amount of horse dung generated, the collection points, the feasibility of transporting it to the composting pits, the method of transportation, and the associated transportation costs.

The report should address the availability of land for composting pits, the design of the pits, the time required for composting, and the number and size of pits needed based on the amount of horse dung produced daily and the composting duration. It should also cover the method of compost disposal.

Other factors to be considered include the entities who would be using / buying the compost, their requirement and if the entire compost would be utilised and the overall fixed as well as the working cost of the project, the court said.

The tribunal noted that it has been openly acknowledged that no cost analysis has been conducted. Therefore, it added, that the cheaper option cannot be ascertained unless the cost analysis is done and detailed plans for both the options are examined, by taking into account not only the short-term cost, but the cost benefit analysis in the long run.

Submit report on unlawful tree cutting by Almora solar power firms: NGT

NGT directed authorities February 13, 2025 to file a fresh action taken report within eight weeks on the matter of felling of trees by the solar power companies in Kunidhar village, Bhikiasen tehsil, Almora district, Uttarakhand. The next hearing of the case will be held on May 19, 2025. 

The application, based on a letter petition by a resident of Kunidhar, had made a complaint about the indiscriminate felling of Chir and Banj trees by the solar power companies.

The reply by DFO, Almora dated July 23, 2024 stated that Northern Solar Energy Pvt Ltd was found responsible for the felling of 35 trees and the offence under the Uttar Pradesh Protection of Trees Act, 1976 was registered against it. 

The report indicated the penalty was collected, but did not specify the amount. According to the DFO Almora's report dated July 23, 2024, 10 additional trees were found cut alongside the permitted 35 trees, even though permission was only granted for cutting four Chir trees. A criminal case was filed for the six illegally cut trees, but the specifics of the offence were not revealed in the report.

In a later report dated February 11, 2025, the DFO of Almora revealed that a joint inspection by forest and revenue department officers on October 25-26, 2024 discovered that 348 Chir and Banj trees had been cut down. Consequently, an offence has been registered against the landowners for these 348 trees.

A report from the Uttarakhand Pollution Control Board (UKPCB) filed on July 22, 2024, revealed that three solar power plants using photovoltaic cells have been established. These plants are Bindal Laser House, Northern Solar Energy and SRN Sun N Solar Energy.

The report of the DFO of Almora dated February 11, 2025 “clearly mentioned that during the joint inspection, the remains of 348 illegally cut trees were found within the area of the solar plant. Illegal felling of trees not only requires action as contemplated under the Act of 1976, but the action is also required by the UKPCB for causing environmental damage on account of such illegal felling of trees”.

The UKPCB informed the court that measures would be implemented to impose environmental compensation on individuals, entities, or companies found guilty of illegal tree felling. Additionally, the counsel for the DFO, Almora, and the district magistrate, Almora, stated that the authorities would investigate the involvement of solar power companies in the illegal tree felling and take suitable action.