Daily Court Digest: Major environment orders (September 4, 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 (September 2, 2024)
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Excessive leachate flow from Bandhwari landfill site to nearby areas: HSPCB

The National Green Tribunal (NGT), September 3, 2024 expressed strong disapproval of the authorities' inadequate efforts to adhere to environmental regulations and solid waste disposal rules in managing and disposing of the old waste at the Bandhwari landfill site in Gurugram, Haryana.

The tribunal instructed the Central Pollution Control Board (CPCB) to collect groundwater samples from the sites listed in the Haryana State Pollution Control Board's (HSPCB) response dated May 15, 2024, test and analyze them, and present the analysis report to the tribunal along with the next report.

The documents submitted by the applicant indicate that leachate has escaped the landfill and both solid waste and leachate have spread into the forest area. Consequently, the HSPCB needs to impose environmental compensation for this violation and for the previous failure to clear the landfill site, according to the NGT.

The Member Secretary of HSPCB is instructed to implement suitable disciplinary measures and submit a report via affidavit at least one week prior to the next hearing date, which is December 17, 2024.

Counsel for the applicant referred to the photographs filed along with the additional affidavit dated September 2, 2024 has submitted that during this monsoon season, there was excessive flowing of leachate from the landfill site to the nearby areas and even to the road by the side of the landfill. The applicant also referred to the letter dated August 29, 2024 sent by the Divisional Wildlife Officer, Gurugram to the CCF (WL) stating that the municipal waste and leachate had flown even to the forest area.

In a response from the Haryana State Pollution Control Board dated May 15, 2024, groundwater analysis results for the area were disclosed, showing that almost all locations exceeded the prescribed limits. The court noted that with leachate flowing during the current monsoon season, groundwater contamination must have worsened.

Sewerage Master Plan 2031 prepared to cover the un-sewered unauthorised colonies, villages of Delhi: DJB

The Delhi Jal Board (DJB) is responsible for the setup and upkeep of sewage treatment plants (STP) and decentralized sewage treatment plants (DSTP) in the National Capital Territory of Delhi. Currently, 38 out of 40 STPs have been constructed and are operating as per the specified parameters. This was stated in the report filed by the DJB September 3, 2024.

The typical biochemical oxygen demand (BOD) for domestic sewage from households is approximately 250 mg per liter. The average total suspended solids (TSS) in domestic sewage from households range between 250-300 mg per litre.

The prime responsibility of maintaining the issues pertaining to jhuggi jhopri clusters (JJC) lies with the Delhi Urban Shelter Improvement Board (DUSIB), said DJB. DJB has taken up the work of trapping the sewerage of JJCs. 

There are 639 jhuggi jhopri clusters in Delhi. As on date sewerage from 581 JJCs has been trapped and taken to the STPs of Delhi Jal Board through the sewerage network of DJB. Around 90 per cent of JJCs have been connected with the sewerage network by the board.

DJB submitted that a 'Sewerage Master Plan (SMP), 2031' has been prepared to cover the un-sewered unauthorised colonies and villages of Delhi, which includes laying of over 9,800 kilometres of sewerage network in 1,799 unauthorised colonies, over 200 villages, construction of sewage pumping stations, construction of sewage treatment plans / decentralised sewage treatment plants and allied works. 

As per the Master Plan, the entire area of New Delhi has been divided into 12 sewerage zones. 

For the treatment of sewage generated from the thickly populated areas of Delhi (except for the outer green belt areas of the North, North-West, West, South-West, South and Outer South Delhi), 40 STPs has been established with a total capacity of 712 MGD. For the outer green belt areas of the North, North West, West, South West, South and Outer South Delhi in addition to laying of sewerage network, 56 new STPs have been proposed to be constructed (which are called decentralised sewage treatment plants, as they treat the sewage near the point of generation of the sewage), said the DJB report. 

Waterbody encroachment in Rohtak

The NGT September 3, 2024 pulled up the Deputy Commissioner of Rohtak for the delay in submitting the report on the status of the land at Nagar Palika Meham, where a waterbody has been encroached upon.

The complainant said that due to inaction / neglect by Meham Nagar Palika, the pond got filled with garbage and untreated wastewater is being discharged in the pond.

The deputy commissioner of Rohtak, in its reply March 12, 2024, stated that the status of the land in question is in doubt and to be checked and corrected if it is tempered wrongly. Since 1909, it has been a Gair Mumkin Johar by nature, which now has been altered as Gair Mumkin.

The Deputy Commissioner's position indicates that in 1909, the land in question was classified as a pond / johad / talab. However, there was a later alteration in the revenue records. The method and reasons for this change need to be investigated by the Deputy Commissioner, who has requested additional time for this inquiry in his response dated March 12, 2024.

The NGT stated that over five months have elapsed since the request was made, yet no additional response has been received from the Deputy Commissioner of Rohtak regarding the inquiry and the status of the land in question.

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