Governance

Daily Court Digest: Major environment orders (July 8, 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

Municipal solid waste mismanagement in Bhatinda

National Green Tribunal (NGT), July 5, 2024, directed Punjab Pollution Control Board (PPCB) to file a response outlining the actions taken regarding mismanagement of municipal solid waste by the Municipal Corporation of Bhatinda. The Member Secretary of the PPCB is required to explain the lack of action and identify the individual responsible for this failure. 

The case has been adjourned until August 1, 2024.

Counsel representing the Municipal Corporation requested additional time to submit a supplementary affidavit detailing all relevant facts pertaining to the matter.

The NGT said that the “prime responsibility with regard to management, handling and processing of solid waste is that of Municipal Corporation, Bhatinda in view of Rule 15 of Solid Waste Management Rules, 2016 and it has miserably failed to discharge its functions. Therefore, admittedly, it has violated the mandate of the said provisions which also amounts to offence under the provisions of Environment (Protection) Act, 1986.” 

Records further indicated that despite extensive breaches of environmental regulations by the Municipal Corporation of Bhatinda, PPCB failed to take appropriate action, including imposing environmental compensation, initiating criminal proceedings, or implementing other remedial, punitive, or preventative measures.

While the Municipal Commissioner present at the hearing asserted that daily collected solid waste is routinely processed, the NGT noted a lack of substantial evidence to substantiate proper processing of all generated waste at designated sites.

The application stemmed from a letter petition filed on July 7, 2021, by Bikramjit Singh Shergill, outlining the dumping of solid waste in Bhatinda by the Municipal Corporation. This included a fire incident on June June 2021, which originated from a large quantity of flammable material left exposed at the dumpsite.

The Municipal Corporation had contracted a company, JITF Urban Waste Management, Bhatinda, for handling, management, and disposal of solid waste. However, the contractor was reportedly not functioning properly or processing municipal waste as per the agreement.

The case saw several orders issued at different times. The Municipal Corporation had also attempted to place full blame on the concessionaire of the municipal solid waste processing facility in Bhatinda. 

Protection of Lingabudhi forest and lake, Mysuru

The NGT July 5, 2024  directed the formation of a joint committee to investigate a complaint regarding damage to the Lingabudhi forest and lake in Mysuru, Karnataka. The committee, comprising representatives from the Karnataka State Pollution Control Board (KSPCB) and the District Magistrate/Deputy Commissioner of Mysuru, will visit the site, gather relevant information, and take appropriate remedial, punitive, and preventative actions in accordance with the law within two months, following an opportunity for all stakeholders to be heard.

The case originated from a letter petition submitted on October 2, 2023, by members of the Dattagalli Green Foundation, a resident-led group from the Dattagalli area of Mysuru. The petition highlighted concerns about underground water from various layouts flowing into a storm water drain leading towards the forest and lake, causing damage to these vital ecological resources.

The NGT said the complaint should be initially addressed by statutory regulators and local authorities. If any environmental regulations are found to be breached, appropriate action should be taken by the concerned authorities.

Garbage dumping in Pattan, Kashmir

The NGT, July 5, 2024 ordered the formation of a joint committee to investigate the dumping of garbage near Iqbal Colony in Pattan, Kashmir. The committee will visit the site, collect relevant information, and take appropriate remedial, punitive, and preventative actions in accordance with the law within two months, following an opportunity for all stakeholders to be heard. A compliance report must be submitted by the committee.

The initial application stemmed from a letter petition dated October 2, 2023 filed by Manzoor Ahmad Mir, a resident of Iqbal Colony. The petition alleged that the Municipal Committee of Pattan was illegally dumping garbage near the colony, causing harm to the local flora, fauna, and environment, while also posing health risks to residents.

The NGT stressed that the complaint should be initially addressed by the relevant authorities and statutory regulators. If any breaches of environmental laws and regulations are identified, the authorities must take appropriate statutory action.