Daily Court Digest: Major environment orders (November 18, 2024)

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 (October 28, 2024)
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Report on arsenic, fluoride in groundwater of Maharashtra, Odisha, Tripura

The Central Groundwater Authority, in its report to the National Green Tribunal (NGT) November 18, 2024, appraised the court of the presence of arsenic and fluoride in the groundwater of Maharashtra, Odisha and Tripura.

The report filed by the state of Maharashtra stated that no arsenic has been reported in the state, while fluoride has been found in 150 locations (140 locations in rural areas and 10 locations in urban areas). Out of 140 locations in rural areas, no contamination was found in five locations during retesting and the remaining 135 sources have been prohibited for drinking purpose. Defluoridation techniques and RO plants have been installed in affected villages.

The state of Odisha in their report said that "the deeper aquifers in the state are free from arsenic contamination". The number of fluoride contamination habitations was 18 as on June 18, 2024. The state has taken necessary measures and abandoned the contaminated water sources and sealed them and habitations have already been covered with community water purification plants as a part of short-term measures, it added.

Further, these fluoride-affected habitations are also covered with piped water supply schemes either by single village schemes or multi village schemes.

The report by Tripura stated that during the last five years (2019-23), 915 samples were collected from eight districts of the state and concentration of arsenic and fluoride in all "915 samples found below detectable limits".

Remove forest encroachments in Raghogarh, Guna: NGT

NGT, Central Zone Bench, Bhopal, November 14, 2024 directed collector, Guna and Tehsildar, Raghogarh, Guna to remove all encroachments from the forest land and hand over the peaceful possession to the forest department, according to rules. The land must be demarcated, identified and protected by a viable means, the court added. 

In case of non-compliance, the collector, Guna, and Tehsildar, Raghogarh, Guna must submit a personal affidavit before the date of listing, with the reasons for non-compliance of the orders. It must also attend the tribunal’s proceeding through video conference on the next date (December 4, 2024), so that the matter may be amicably resolved and the state land protected according to rules, the order said.

The issue raised in the application was violation of Forest (Conservation) Act, 1980 and encroachment on the forest land in compartment no 678 of forest in Raghogarh tehsil. It was alleged that some persons have, by way of encroaching the land, converted it for personal use in violation of environmental rules.

The joint committee's report informed the court that in forest range P678, more than 64 trees were cut down between January 1, 2021, and November 30, 2023. Additionally, 26.487 hectares of land have been illegally encroached upon and are being used for cultivation without any authorization.

Moreover, over 7.457 hectares of forest land have been encroached upon, and the issue has been reported to the appropriate authority for action, but no measures have been taken. Additionally, 23 individuals have encroached on another 19.030 hectares of land.

The court was informed that there are various encroachments on the forest land and no action has been taken by the district authorities. The forest department has repeatedly reported the matter to the district administrations.

Compliance of solid waste management rules in Balaghat, Madhya Pradesh

The NGT November 14, 2024 directed the authorities concerned to ensure the compliance of solid waste management rules in Balaghat, Madhya Pradesh. The authorities were also asked to ensure the remedial measures to dispose of the legacy waste and submit action taken reports within two months, the court added.

The counsel for the applicant has submitted that the issue of disposal of solid waste and compliance of Solid Waste Management Rules, 2016 has not been taken seriously by the Municipal Council Balaghat.

The matter has not been taken by the Municipal Council Balaghat due to financial crunch, the counsel for the respondent (Chief Municipal Officer, Balaghat) has submitted. It has been referred to the agency in Urban Development & Environment Department , Madhya Pradesh which has prepared detailed project report. The establishment of a sewage treatment plant is also under correspondence and at the final stage.

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