Daily Court Digest: Major environment orders (January 27, 2025)

Down To Earth brings you the top environmental cases heard in the Supreme Court, the high courts and the National Green Tribunal
Daily Court Digest: Major environment orders (January 23, 2025)
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NGT asks for report on groundwater exploitation in Haryana

The National Green Tribunal (NGT) January 23, 2025 directed the concerned authorities to file their response regarding groundwater exploitation in Haryana.

The authorities who were asked to file their reply included Haryana State Pollution Control Board (HSPCB); Central Pollution Control Board (CPCB); Ministry of Environment, Forest and Climate Change, through its Regional Office, (Haryana) and Central Ground Water Board (CGWB), Haryana. The respondents have to file their response at least one week before the next hearing date on May 6, 2025.

The original application is registered suo motu on the basis of the news item in The Tribune on January 8, 2025. The matter related to the alarming levels of groundwater exploitation in Haryana. 

As per the article, the state is extracting 136 per cent of its annual replenishable groundwater, placing it among the regions where extraction surpasses natural recharge rates.

The news item stated that as per a report by CGWB, 60.48 per cent of Haryana's groundwater blocks are overexploited, while only 28.4 pe cent (12,269.36 square kilometres) is categorised as safe. Additionally, 11.12 per cent of the area is classified as critical or semi-critical. 

CGWB's assessment underscores the critical need for sustainable water management practices in Haryana to address the overexploitation of groundwater resources and ensure long-term water security for the state's agricultural, industrial and domestic needs.

Vacant posts in UPPCB being filled up: Report to NGT

Out of 42 vacant posts meant for junior engineer in the Uttar Pradesh Pollution Control Board (UPPCB), 27 posts have been filled and the concerned persons have taken charge of their posts. This was stated in the affidavit filed by the government of Uttar Pradesh January 24, 2025.

NGT was informed that vide letter dated August 24, 2024 and October 30, 2024 the Uttar Pradesh Subordinate Services Selection Commission (UPSSSC) has given its recommendation regarding 42 posts of junior engineer against 43 vacant posts. In pursuance to the above recommendation the UPPCB has issued an office order dated September 10, 2024 and November 12, 2024 regarding appointment of Junior Engineers against 42 posts.

The UPPCB report was in compliance with the NGT order, September 11, 2024. The NGT had directed states / UTs to fill up the posts lying vacant in the state pollution control boards / pollution control committees latest by April 30, 2025.

Furthermore, NGT had also directed the PCBs / PCCS to make all possible efforts within this period to provide adequate infrastructure in the laboratories of the PCBs / PCCs and to make them fully functional.

Waterlogging, inadequate drainage along National Highway in Agra

A report was filed by the district magistrate, Agra regarding steps taken by the UPPCB and Public Works Department (PWD), Agra to address the issue of waterlogging and inadequate drainage systems along the 12 km stretch of road constructed by the National Highways Authority of India (NHAI) from Rohta to Nagla Makraul, Etaura, Agra.

The compliance report dated January 21, 2025 was in response to NGT order of May 22, 2023 regarding the inaction of the authorities in cleaning the drain in Gauri Kunj and the service lane of NH-3, Agra. 

Despite the tribunal’s direction to the Joint Committee (Agra Development Authority, Uttar Pradesh Pollution Control Board and District Magistrate Agra) for remedial action, no steps have been taken as per the applicant's submission, supported by photographs.

The stretch, which includes service lanes on both sides, passes through a region comprising numerous approved and unapproved residential colonies, agricultural lands and markets. Rainwater mixed with household sewage has resulted in waterlogging, emanating unpleasant odours and creating potential health hazards for residents.

On October 8, 2024, the joint committee conducted a comprehensive site inspection in the presence of the applicant, Ravendra Singh. The inspection revealed several critical issues, including stagnant water on service roads, blocked culverts and insufficient drainage systems in low-lying areas. The observations have been pivotal in formulating an actionable plan to address the identified deficiencies.

A communication dated July 11, 2023 from Agra Gwalior Pathways highlighted the persistent drainage challenges in the affected area. The letter detailed the need for additional culverts and proposed that a survey be conducted to determine suitable locations for implementing new drainage systems.

UPPCB vide letter dated November 30, 2024 emphasised the importance of adhering to the Construction and Demolition Waste Management Rules, 2016 and CPCB guidelines for mitigating environmental impacts during the execution of drainage infrastructure projects.

PWD, Agra vide its correspondence dated December 2, 2024 addressed concerns regarding road conditions, including waterlogging and potholes. The letter underscored the need for timely repair and emphasised the necessity of installing effective drainage systems before transferring road maintenance responsibilities.

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