Environment

Daily Court Digest: Major environment orders (October 24, 2024)

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

DTE Staff

Stop illegal mining in Jaisamand Lake: NGT

On October 23, 2024, the National Green Tribunal (NGT) instructed the Collector of Udaipur and the Rajasthan State Pollution Control Board to consistently oversee and prevent illegal mining and its transportation at Jaisamand Lake.

The tribunal also asked the authorities to take necessary action according to rules, in addition to prosecution and realisation of environmental compensation. 

There must be regular surveillance, checking, a grievance portal for lodging complaints of illegal mining developed by the mining department, and there should be round-the-clock checkpoints in association with police to keep constant vigil on transportation of illegal sand and further installation of CCTV to monitor it at a relevant place, the order said.

The mining department directed that the fund realised from the royalty to mining must be utilised for restoration of ecosystem, installation of CCTV. These activities must be carried out with the concurrence and consultation of the collector, Udaipur.

A newspaper article published in Dainik Bhaskar February 24, 2024 mentioned that sand mining mafias are rampantly mining illegally in Jaisamand Lake, the second largest man-made lake of India.

Mining has been done up to 20 feet through a number of tractors and dumpers involved in transporting illegal mining activities, the report stated.

Repeated directions have been issued by the NGT that the mining activity in the catchment area of the Jaisamand Lake should be permanently closed and further direction to recover an amount of compensation per person, found involved in the illegal mining activity and DFO was directed for restoration of the environment, the court pointed out.

However in spite of this, "the illegalities are being continued for commercial benefit without any control", the tribunal said.

Discharge of untreated water into River Sabarmati

Additional Solicitor General Devang Vyas informed NGT October 23, 2024 that Gujarat Pollution Control Board has filed a detailed report on action taken to control pollution in River Sabarmati.

He sought time to file additional affidavit to bring on record action taken to control discharge of untreated water into the river, causing damage to the groundwater and water bodies. 

Ahmedabad Municipal Corporation (AMC) sought time to file a report on the matter. The court directed the affidavit to be filed within four weeks. 

NGT listed the matter for final hearing on January 21, 2025.

The issue of discharge of untreated water and industrial waste or partially treated wastewater into the open or in pipeline of AMC, violating the conditions of Consent to Establish, had been raised in the application, and a Joint Committee was constituted to submit factual and action taken report. 

Trees cut to widen road in Hawala Khurd village, Udaipur

NGT October 23, 2024 directed Udaipur Development Authority that in case it is necessary to cut or damage trees for widening of a road, then necessary precautions should be taken for transplantation or shifting.

Further, permission must be obtained from appropriate authorities as per the rules, and at least 10 times the number of trees cut must be planted in the surrounding area, according to the order issued by the central bench of NGT.

The issue raised in the application was regarding cutting of trees to widen a 60-foot road to make it 80 feet wide, at Hawala Khurd revenue village in Udaipur, without permission of concerned authorities.

The joint committee's report disclosed that the Udaipur Development Authority decided in a meeting that road expansion is necessary due to heavy traffic pressure. The court was also informed that where there are bottlenecks, appropriate widening should be undertaken with caution to avoid unnecessary damage or cutting of trees.