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The National Green Tribunal (Central Zone Bench, Bhopal) September 18, 2024 instructed the Central Pollution Control Board (CPCB) to establish a two-member internal committee to review the notification issued by the Rajasthan State Pollution Control Board (RSPCB) on January 2, 2024.
The committee has to submit a report on whether the notification contravenes any of the provisions of guidelines issued by CPCB or the Union Ministry of Environment, Forest and Climate Change (MoEF&CC). It will also examine if this provision can be supported by altering the previous order that exempts the calculation of environmental compensation.
The matter relates to the order dated January 2, 2024, whereby RSPCB has passed an order exempting certain provisions to waive the charging of environmental compensation and it is alleged that it is violative of environmental rules.
The mainchallenge is 'Clause D’ which says, “No environmental compensation would be levied for the back period for which consent to operate has been regularised”.
It was also claimed that the CPCB notified the RSPCB about the necessity for industrial units to secure consent according to CPCB categorisation, and the SPCB has subsequently informed the relevant authorities and units.
The question before the tribunal was that the directions issued by the RSPCB was in contravention of the guidelines issued by the CPCB.
It was said that the notification by RSPCB exempting the past violation was indirectly promoting the operation of units without consent and exempting them from payment of environmental compensation at the cost of the environment.
Further, it violated the "equality of law and rule of law which prevails throughout the country in all the states for calculation of environmental compensation".
RSPCB was directed by NGT September 18, 2024 to submit a report on industries situated on the banks of River Chambal.
The report must include details on industries breaching environmental clearance (EC) conditions and any instances of untreated water being discharged into the river without meeting required treatment standards. The RSPCB must implement necessary remedial actions, the order stated.
The status with action taken by the SPCB has to be reported to the tribunal before October 22, 2024.
The counsel for the applicant has submitted that the joint committee report had stated there is uncontrolled sand mining in River Chambal and excessive legally sanctioned as well as illegal fishing activities. There is substantial threat to the critically endangered gharial and Gangetic river dolphins.
Kota city generates 312 MLD of domestic wastewater, but its treatment capacity is only 50 MLD, handled by two sewage treatment plants. RSPCB had issued notices under Section 33 (A) of the Water (Prevention and Control of Pollution) Act, 1974 against Nagar Nigam Kota to stop the discharge of untreated sewage water into River Chambal but no remedial measures have been taken by the authorities concerned.
On this aspect, the Kota Municipal Corporation was directed by the central bench of the NGT to file a reply.
For the protection, conservation and regulation of groundwater in Uttar Pradesh, especially in stressed rural and urban areas, the state has enacted the Groundwater Management and Regulation Act, 2019.
The reply by Uttar Pradesh on September 11, 2024 was in compliance with the NGT order dated July 26, 2024 on the matter of depletion of groundwater level in India.
For the efficient management of services, a decentralised system has been created by establishing the 'District Groundwater Management Council' in each district of Uttar Pradesh. District Groundwater Management Council, headed by District Magistrate, is the overall unit for the management and regulation of groundwater resources at the district level.
Under Section 12 (1) of the Groundwater Management and Regulation Act, 2019, new well construction in the Notified Areas (Over Exploited, Critical) has been banned.
A No Objection Certificate shall be granted only in such cases where local government water supply agencies are not able to supply the desired quantity of water.
All industries abstracting groundwater in excess of 100 cubic metres per day shall be required to undertake annual water audit through consultants empanelled by the Central Ground Water Authority.
Construction of observation wells / piezometers within the premises and installation of appropriate water level monitoring mechanisms shall be mandatory for industries drawing / proposing to draw more than 10 cubic metres of groundwater per day.
Monitoring of water levels shall be done by the project proponent. The proponent shall be required to adopt rooftop rainwater harvesting / recharge in the project premises or in the assessment unit as decided by the District Groundwater Management Council, added the report by Uttar Pradesh.