Governance

Daily Court Digest: Major environment orders (October 3, 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

Release of untreated sewage into the River Subarnarekha in and around Jamshedpur

On October 3, 2024, the National Green Tribunal (NGT) was informed that the authorities have not submitted a compliance report following NGT's directives issued on October 11, 2023, regarding the pollution of the Subarnarekha river in and around Jamshedpur, Jharkhand.

The court ordered notices to be sent to the District Magistrate of East Singhbhum, the Kapali Municipal Council, the Jugsalai Nagar Parishad, and the Adityapur Municipal Corporation. All respondents have been instructed to submit their counter affidavits within four weeks. The next hearing is scheduled for December 17, 2024.

The application was initiated suo motu based on a media report in Avenue Mail concerning pollution issues in River Subarnarekha. The report highlighted a survey by the Jharkhand State Pollution Control Board, which indicated excessive levels of pH and dissolved oxygen and lead content.

The river, spanning a drainage area of 1.93 million hectares, is rain-fed, originates near Ranchi and flows to the Bay of Bengal through Odisha and West Bengal, covering a length of 450 kilometres. The pollution was notably higher in areas like Mango and Moubhandar.

The original application was disposed of by the NGT vide order dated October 11, 2023, directing different municipal councils / corporations to establish sewage treatment plants (STP) and make them functional by April 15, 2024.

The 2023 order noted that "for the Jamshedpur Notified Area Committee shows that there are 18 sewage drains / discharge points being discharged in River Subarnarekha. The total quantum of sewage discharge is 122.05 MLD. The total quantum of untreated sewage discharge in Subarnarekha is 122.05 MLD. This shows that the entire sewage generated is being discharged into Subarnarekha untreated".

Encroachments within Nahargarh Wildlife Sanctuary and Eco-sensitive Zone

NGT directed the formation of a committee on October 1, 2024 to find a fair and equitable solution for implementing the notifications issued by the Rajasthan government regarding Nahargarh Wildlife Sanctuary and the Eco Sensitive Zone, and to identify and transfer land to the forest department as per regulations.

The committee would comprise representatives from the Additional Chief Secretary of Forest & Wildlife, Rajasthan;  Principal Chief Conservator of Forest cum Chief Wildlife Warden, Forest Department, Rajasthan; Principal Secretary (Revenue), Rajasthan; Ex-officio Chairman/District Collector, Jaipur / Chairman of the Monitoring Committee constituted vide notification dated March 8, 2019 issued from the Ministry of Environment, Forest and Climate Change (MoEF&CC). 

The committee has been asked to submit the report within three months. 

The complaint in the application pertained to the identification, demarcation and mutation of the land of Van Khand Amer 54, which the state of Rajasthan declared as the Nahargarh Wildlife Sanctuary and Eco Sensitive Zone through a notification dated March 8, 2019.

Various cases have been filed, which raised substantial issue with regards to illegal constructions and encroachments within the wildlife sanctuary and eco sensitive zone in violation of the notification.

Due to the lack of clear boundaries, identification, or transfer of rights to the forest department as per the state notification, significant conflicts have emerged among individuals who have acquired certain rights.

Illegal dumping of waste by Panihati municipality, North 24 Parganas

The eastern bench of NGT directed the West Bengal Pollution Control Board (WBPCB) to file an inspection report on the matter of illegal dumping of waste by Panihati Municipality on a vacant piece of land. 

The WBPCB has been asked to file the report with its observations and removal measures. The Pollution Control Board would also address itself to the question of siting criteria of the said garbage dumping ground, added the court order October 3, 2024.  

The tribunal directed notices to be issued to the West Bengal Pollution Control Board; Panihati Municipality and District Magistrate, North 24 Parganas.

The issue pertained to waste dumping on a vacant land in Panihati Municipality, Rabindra Nagar, North 24 Parganas district. It was alleged that around 2018, Panihati Municipality began discarding various types of waste, including biomedical, solid, human excrement, non-biodegradable plastics, food waste and rotten materials, which have been accumulating and degrading the land over time.

It was stated that a mass-complaint was made to the municipal authorities vide letter dated July 4, 2018, which was received by the municipal authorities on July 5, 2018. They were requested to stop the garbage dumping activities and restore the land free of garbage.

Although time has passed, no measures have been implemented, and waste continues to be disposed of at the location. This is resulting in a rise in insects and mosquitoes, creating unpleasant conditions and degrading the land.

The court noted that photographs submitted with the application provide initial evidence of the significant environmental pollution claimed by the applicant.