Environment

Daily Court Digest: Major environment orders (October 29, 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

Turtle Wildlife Sanctuary in Uttar Pradesh

The National Green Tribunal (NGT) came down heavily on authorities on October 24, 2024 for turning a blind eye to illegal mining in the Turtle Wildlife Sanctuary, Uttar Pradesh.

“This is flagrant violation of environmental laws, non-application of mind, and exercise of illegal power vested in authorities which includes concerned District Magistrates as also SEIAA, UP and UPPCB,” said the bench of Justice Sudhir Agarwal.

The NGT directed the Member Secretary, Uttar Pradesh Pollution Control Board (UPPCB) and State Environment Impact Assessment Authority (SEIAA), Uttar Pradesh, to explain as to how and in what circumstances, consent and clearances were issued for permitting mining activities in prohibited areas and that too in violation of directions issued by the Supreme Court.

A similar reply should also be submitted by the concerned district magistrates of Sant Ravidas Nagar (Bhadohi), Mirzapur and Prayagraj.

If no valid justification is submitted, Member Secretary, UPPCB; Member Secretary, SEIAA; district magistrate, Sant Ravidas Nagar (Bhadohi); district magistrate, Mirzapur and district magistrate, Prayagraj should remain present before the tribunal on the next date (November 20, 2024), the order said.

The matter related to damages caused to turtle breeding grounds and aquatic life in the sanctuary at Prayagraj, Mirzapur and Sant Ravidas Nagar (Bhadohi) due to large-scale illegal sand mining using heavy pokland machines, dumper, tractor as well as motorboats causing noise pollution and damage to ecology.

The NGT said the reports filed show that mining leases were granted to private individuals in prohibited zones within the sanctuary where such leases should not have been allowed. Yet, the concerned district magistrate granted permission, violating environmental laws and the Supreme Court’s order.

Even the statutory regulators of environmental laws like SEIAA, Uttar Pradesh and UPPCB did not examine as to whether any environment clearance (EC) or consent have been issued for mining activities in prohibited areas, the tribunal said.

Ban on single-use plastic in Jalandhar

The NGT on October 25, 2024 directed authorities to file their replies on measures to implement the ban on the use of single-use plastic in Jalandhar, Punjab.

The tribunal directed the authorities (state of Punjab; Deputy Commissioner Jalandhar; Punjab Municipal Infrastructure Development Company; Directorate of Environment and Climate Change; Central Pollution Control Board; Punjab Pollution Control Board and Municipal Corporation Jalandhar) to file their replies by way of affidavit at least one week before the next date of hearing, February 18, 2025.

The applicant, Action Group against Plastic Pollution, has raised a grievance about the failure of authorities in Jalandhar to effectively implement the ban on the use of single-use plastic. The plea of the applicant is that the manufacture, distribution, sale and usage of single use plastic was banned by the Plastic Waste Management (Amendment) Rules, 2021 and that the amendment was also made in the Punjab Plastic Carry Bag Control Act, 2005 in the year 2016.

However, the authorities have failed to act at the ground level resulting in uncontrolled use of single-use plastic in different forms. The applicant has also relied upon the Annexure-9, Notification issued by the Union Ministry of Environment, Forest and Climate Change (MoEF&CC) in respect of the identification and control of single-use plastic.

The applicant referred to the photographs and submitted that there was no control on the use of single-use plastic carry bags in the markets in Jalandhar. Though representations were made to different authorities to manage the issue, no action has been taken till now, the applicant added.

Paper mill pollution in Haridwar

The matter of a paper mill in Haridwar, Uttarakhand, spewing polluted air was taken up by the NGT on October 25, 2024. The court directed notice to be issued to the respondents (Uttarakhand Pollution Control Board; Gangotri Paper Mill; MoEF&CC and state of Uttarakhand) for filing their response by way of affidavit at least one week before the next date of hearing on February 19, 2025.

The applicant had raised the grievance against the air and water pollution caused by the Gangotri Paper Mill situated in Roorkee tehsil of Haridwar district.

The applicant’s counsel referred to the photographs submitted that showed black smoke billowing from the unit and stated that this is creating pollution and causing health hazards.

The applicant also referred to additional photographs, which he said, showed the unit discharging effluent and causing pollution in the nearby area.