Daily Court Digest: Major environment orders (March 12, 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 (March 12, 2025)
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Petrol pump near crematorium and high-tension line

The Rajasthan High Court (HC) admitted a petition on March 5, 2025, which challenged the installation of a Hindustan Petroleum Corp Ltd (HPCL) petrol pump near a crematorium and high-tension line.

Authorities have issued ‘No objection’ certificates to establish the retail outlet without considering the fact that the site approved for it is hardly 25 metres away from the cremation ground. Moreover, a high-tension live wire of 11,000 KV is located at a distance of just 18 metres, the HC noted.

The authorities also did not adhere to the guidelines issued by the NGT, especially in respect of siting criteria of the outlet. The location to establish it has been approved in violation of siting norms.

The stay order dated October 6, 2021, is made absolute, however, if the motor spirit has been supplied and stored in the underground tanks. The same is permitted to be lifted and shall remain open for the HPCL to grant any alternative location to the concerned party, the HC said.

Illegal mining of masonry stone

The central bench of the National Green Tribunal (NGT) directed a two-member committee on March 6, 2025, to look into the complaint of illegal mining of cheja pathar (masonry stone) in the village of Beri Bandh located in Rajasthan’s Kotputli Behror district.

The committee will comprise of one representative from the district collectorate and another from the Rajasthan State Pollution Control Board. The panel has been directed to visit the site and submit the factual and action taken report within six weeks.

The tribunal also directed the respondents which included the state of Rajasthan through its Principal Secretary (Mines); Rajasthan State Pollution Control Board; Department of Mines and Geology, Jaipur region and State Environmental Impact Assessment Authority (SEIAA) Rajasthan, among others to submit their reply.

An application had raised the issue of the stone’s illegal mining at the village. According to the applicant, the project proponent is involved in the mining in violation of environmental norms as well as consent conditions. The area also adjoins the abadi area of the village, where the project proponent is encroaching upon land initially allotted for excavation, beyond the lease area.

Encroachment and illegal construction on reserved forest land

The NGT on March 6, 2025, directed a joint committee to visit the site of alleged forest encroachments in Bassi Sitarampura village of Jaipur district in Rajasthan. The committee has been asked to submit a factual and action taken report on the matter.

The contention of the applicant was that the land situated in the village is reserved forest land. Private respondents have encroached upon vacant portions of it. Respondents have not obtained the prior consent to establish and consent to operate under the provisions of the Water Act 1974 and Air Act 1981.

The applicant also raised the question of source of water for the construction already raised. The construction has been raised in the absence of consents under the provisions of Water Act, 1974 and Air Act, 1981.

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