Pollution

Daily Court Digest: Major environment orders (February 27, 2023)

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

DTE Staff

SC stalls laying of paver blocks in Matheran till further order

The Supreme Court of India has prohibited the laying of paver blocks on the roads of Matheran city, Maharashtra till further order and asked a monitoring committee to file a report on its impact.

Paver blocks will destroy the natural beauty of the city, SC said. The Union Ministry of Environment, Forest and Climate Change, through a notification February 4, 2023, had notified Matheran and its  surrounding regions as the 'Matheran Eco-sensitive Zone'. 

A monitoring committee was also constituted to ensure compliance with the provisions of the notification.

With regard to e-rickshaws, the apex court said even prior to laying down of paver blocks the hand-pulled rickshaws were plying. Then, there should be no difficulty for them if paver blocks are not used.

The monitoring committee has been asked to submit its report within a period of eight weeks on both the issues. 

High-level committee to look into illegal establishments in Rajaji Tiger Reserve

The National Green Tribunal (NGT) February 24, 2023 directed the constitution of a committee of high-level officers to look into the matter of illegal establishments in the Rajaji Tiger Reserve and "if necessary, get updated demarcation". 

An application was received by the tribunal against illegal functioning of hotels, resorts, pubs, clubs and ashrams as well as other illegal commercial activities in the Chilla range of Rajaji National Park. 

A joint committee report constituted on the orders of the NGT acknowledged illegal operation of 19 resorts. The tribunal October 10, 2022 directed that remedial action against violations be taken within three months, including recovery of compensation on 'polluter pays' principle and restoration of the environment. 

According to the report of the director of Rajaji Tiger Reserve on February 14, 2023, action has been taken against illegally operating resorts. Further, six resorts were outside the boundary of the tiger reserve, it added. 

The NGT noted that the report does not cover the issue fully. Constructions are prohibited and regulated not only within the forest but also outside within a one-kilometre of boundary of the reserve that is also covered under the eco-sensitive zone. 

It is thus wrongly assumed that the resorts outside the boundary of the tiger reserve are legal even if they are within a kilometre of its boundary, the bench of justices Adarsh Kumar Goel, Sudhir Agarwal and Arun Kumar Tyagi of NGT said.

Supreme Court go-ahead for jetty at Kharwadeshwari

SC directed the Maharashtra Maritime Board to file an affidavit within six weeks, indicating the number of jetties under construction or to be constructed under the project, impact on the mangroves in each case, with size / area of the mangroves and distance of the jetty from the mangrove. 

Site plan indicating location of the jetty and mangroves around the said area should also be enclosed. Satellite images for each jetty and the area around would be also filed for proper appreciation and expeditious disposal, the SC added.

The jetty at Narangi has been constructed,the apex court pointed out, but in view of the stay order passed by SC, the construction of the Kharwadeshwari jetty had been stalled. Consequently, the jetty at Narangi cannot be utilised.

Thus, SC "in view of the urgency, need and benefits explained, leaving the question of law open for the time being" gave permission for the construction of the jetty at Kharwadeshwari.