Daily Court Digest: Major environment orders (August 26, 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 (August 26, 2024)
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Ten waterbodies in Asola for rainwater harvesting, groundwater recharge: CPCB

Delhi’s forest and wildlife department has created 10 waterbodies at south Delhi’s Asola Bhatti Wildlife Sanctuary for rainwater harvesting and groundwater recharge, Central Pollution Control Board (CPCB) told National Green Tribunal (NGT) on August 23, 2024. The project was in compliance with a NGT order dated May 10, 2024.

The project was initiated following recommendations from a district level advisory committee meeting held on November 10, 2023. Chaired by district magistrate (South), the meeting addressed groundwater augmentation in areas with low water tables through activities such as rainwater harvesting and groundwater recharge.

Deputy conservator of forests (south) commenced the construction of 10 new waterbodies in Maidan Garhi, Sahoorpur and Satbari, where groundwater depletion has been a concern over the past decade. Based on discussions with officials from the department of forest and wildlife and field inspections, the CPCB report confirmed that the waterbodies were designed for rainwater harvesting and groundwater recharge.

The locations of the 10 waterbodies were selected using depressions identified in the digital elevation model. The department of forest and wildlife developed the waterbodies solely for rainwater collection, with no plans for artificial filling or recharge.

Furthermore, no concrete structures have been used in the waterbodies. The banks will be stabilised using stone pitching, along with the planting of doob grass and shrubs. Dredging, bund preparation and tree planting around the waterbodies have been completed for all 10 sites. The planting of doob grass and shrubs has been completed for five, while stone pitching and catchment channel cleaning are yet to be carried out for all ten waterbodies, noted the CPCB report.

Removal of encroachment from Ganga floodplain

NGT on August 22, 2024 directed the district magistrate of Haridwar to file a fresh report detailing actions taken to remove encroachments from the Ganga floodplain. The affidavit should also include actions taken under the River Ganga (Rejuvenation, Protection and Management) Authorities Order, 2016.

The case pertains to the construction of residential apartments at Beliram Ashram, Kankhal, Haridwar and the resulting pollution of the Ganga.

Floodplain demarcation has been completed using flood frequency lines for 25, 50 and 100-year intervals, which have been marked on a Shajra map,according to the district magistrate’s report. However, counsel for Uttarakhand government admitted that this exercise was carried out under the Uttarakhand floodplain Zoning Act, 2012 and not in accordance with the River Ganga (Rejuvenation, Protection and Management) Authorities Order, 2016. He conceded that the Ganga Rejuvenation Order of 2016 supersedes the 2012 state law.

During the hearing, counsel for the district magistrate, Haridwar, was unable to clarify the methodology used for demarcating the floodplain zone, particularly regarding the highest flood level over a 100-year period, even under the state law. Additionally, neither the district magistrate’s affidavit nor the report from the Haridwar Roorkee Development Authority provides details on the progress of floodplain demarcation as required by the Rejuvenation Order of 2016.

Disposal of fly ash in low-lying areas

An affidavit by Lalitpur Power Generation Company Ltd (LPGCL) demonstrated the proper disposal of fly ash in low-lying areas in accordance with all relevant norms and guidelines, the company told NGT in a report on August 23, 2024.

The project proponent secured specific permission for the use of fly ash in land reclamation from the regional officer of Uttar Pradesh Pollution Control Board (UPPCB) in a letter dated April 19, 2017. It also obtained authorisation from the district magistrate, Lalitpur, on December 3, 2019, as well as a consent to establish from UPPCB, valid from 2021 to the present.

Additionally, the company has submitted groundwater study reports prepared by the Institute for Resource Analysis and Policy, Hyderabad, covering the years 2021 to 2024.

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