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Rajasthan, Punjab, Delhi, Uttar Pradesh and Haryana governments have been directed by the Supreme Court (SC) on August 27, 2024 to urgently address the substantial vacancies in their state pollution control boards (SPCB). These states have been instructed to fill the vacant posts, which require direct recruitment, within two months.
Chairperson of Commission for Air Quality Management (CAQM) in National Capital Region (NCR) and adjoining areas has been asked to file an affidavit detailing the steps CAQM proposes to take in accordance with the provisions of the Commission for Air Quality Management in the National Capital Region and Adjoining Areas Act, 2021. SC is scheduled to hear the case again on September 2, 2024.
SC reviewed compliance reports from Rajasthan, Punjab, Delhi, Uttar Pradesh and Haryana, all of which are part of NCR. These states and the national capital were ordered to submit compliance affidavits regarding the filling of vacant posts in their respective SPCBs.
A significant number of posts remain vacant across these states and Delhi. Initially, SC considered granting an extension until March 31, 2025 to fill all the vacancies. However, Amicus Curiae Aparajita Singh highlighted the imminent issue of stubble burning and pollution, drawing the apex court’s attention to the relevant provisions of the 2021 Act.
The establishment of the CAQM aims to improve coordination, research, identification, and resolution of air quality issues. The SC noted that due to the large number of vacant posts, the SPCBs have become ineffective.
The SC questioned the steps CAQM intends to take, stressing the urgency of the matter. “The SPCBs, which have more than sufficient powers to take steps for controlling pollution, are virtually defunct,” the SC added.
The apex court further warned that no extension will be granted for filling all the vacancies beyond April 30, 2025. The chairperson of the commission has been directed to appear via video conference on the next hearing date to explain the steps CAQM proposes to take.
The construction of a double-tier elevated corridor, spanning a total length of 20.59 kilometres, has been planned to provide seamless connectivity to Chennai port, National Green Tribunal (NGT) was told. The project starts at Chennai port and extends to Maduravoyal, with approximately 15.15 km of the project route proposed along Cooum river in Chennai district.
The section from Chennai port to Maduravoyal will primarily be developed along Cooum river, stated a report submitted by project director of the National Highways Authority of India (NHAI), Chennai on August 28, 2024. The first tier is designated for city-bound traffic, while the second tier is exclusive to port-bound traffic.
Upon completion of the construction, all construction debris and temporary platform structures will be entirely removed and the Cooum will be restored to its original condition, the report said. Additionally, during the construction period, the free flow of water will be ensured, and any muck generated will be properly collected and disposed of at a suitable location away from the river.
A hydraulic model study conducted by Central Water Resources Department, Anna University, Chennai, assessed the impact of the introduction of piers in Cooum river. The NHAI has undertaken to implement any necessary mitigation measures identified by the study. During the heavy monsoon season, the temporary platforms created for rig positioning will be removed to ensure the free flow of water in the Cooum river.
NGT on August 28, 2024 directed authorities to file their responses regarding the issue of mining near the 1,200-year-old Kumaraswamy temple in Sandur, Ballari district, Karnataka.
The court has issued notices to Central Pollution Control Board; Karnataka government’s department of mines and geology; Karnataka State Pollution Control Board; Ministry of Environment and Forest, regional office, Bangalore; Archaeological Survey of India (ASI); and District Magistrate of Ballari.
The original application was registered suo motu based on a news item published in the newspaper Deccan Herald on June 19, 2024. According to the article, Karnataka government recommended the first-level clearance for a mining project near Kumaraswamy Temple, which is believed to have been built in the 7th or 8th century CE and is a protected monument under ASI.
Karnataka forest department has requested “in-principle” or stage-1 approval for mining a 70-acre forest area known as Kumaraswamy Betta, the report stated. The mining lease boundary approved by the government is within 400 metres of the temple, raising concerns among local activists and citizens.
The government’s decision to grant clearance for mining near the temple was made possible after the withdrawal of a 1978 notification that prohibited mining within a 2-km radius of protected monuments, the article highlighted. The proximity of mining operations, which involve heavy machinery and blasting, poses a threat to the structural integrity of the temple.
The report mentioned that activists have opposed the project and filed a petition with the Karnataka High Court in August 2023. The court ordered an expert committee to evaluate the potential impact of mining on the temple and its surroundings. However, before the committee could finalise its findings, the department of mines and geology decided to limit mining activities to 600 metres from the temple.
This decision was perceived by activists as an attempt to circumvent the expert committee’s recommendations, as the committee had only submitted a preliminary report highlighting environmental risks but had not yet assessed the temple’s structural safety.
NGT stated the news item raised significant issues related to the compliance with the provisions of the Environment Protection Act, 1986, and the Mines and Minerals (Development and Regulation) Act, 1957.