Daily Court Digest: Major environment orders (September 9, 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 9, 2024)
Published on

Municipal Corporation, Ludhiana told to remove impermeable tiles from roadsides

The National Green Tribunal (NGT), September 6, 2024, instructed the Ludhiana Municipal Corporation to remove impermeable tiles from roadsides and replace them with perforated ones. The Municipal Corporation has been ordered to submit an additional response within 10 days, with the next hearing scheduled for September 23, 2024.

The counsel for the Municipal Corporation acknowledged that instead of using perforated tiles, impermeable interlocking tiles had been installed, reducing the site’s water recharge capacity and impacting groundwater. This action was not in compliance with previous NGT orders.

The applicant also raised objections, stating that the Municipal Corporation had not implemented any measures at ground level as claimed.

The application sought the removal of solid impermeable concrete interlocking tiles from roadsides within Ludhiana’s municipal limits. It proposed replacing them with permeable or semi-permeable tiles with 50 per cent perforation, covering no more than 5 per cent of the total roadside area. The remaining area should be developed as green buffers by planting shrubs and selected plant varieties, alongside provisions for stormwater drainage, it said.

Pollution of Damodar river due to mining in Jharkhand

The NGT, September 6, 2024, directed the formation of a joint committee to investigate allegations of pollution in the Damodar river caused by mining activities of Central Coalfields Ltd, located in Pichri Dakshin village, Peterwar block, Bokaro, Jharkhand.

The committee will include representatives from the Integrated Regional Office of the Ministry of Environment, Forest and Climate Change in Ranchi, the Central Pollution Control Board (CPCB), the Jharkhand State Pollution Control Board and the district magistrate of Bokaro.

The panel was tasked with visiting the site, collecting relevant data and submitting a factual report within a month. The committee will also examine whether the conditions of the Environmental Clearance (EC) and consents granted to Central Coalfields Ltd are being adhered to during mining operations, the NGT order stated.

Millions of tonnes of coal have been illegally excavated near the Damodar river, with thousands of trees, including species such as sakhua, mango, babul, piper, kadam, Arjun, kend and mahua, being felled, an application told NGT. The waste from illegal mining, such as stone, muck and overburden (the layer of soil, rocks and other materials that sit on top of valuable minerals in the ground), has been dumped into the river, altering its flow and causing environmental harm.

Fly ash disposal in low-lying areas of Uttar Pradesh

The NGT, September 5, 2024, told Lalitpur Power Generation Company Ltd (LPGCL) to submit documentation identifying low-lying areas where fly ash has been disposed of. Officials from the Uttar Pradesh Pollution Control Board (UPPCB) were instructed to verify this information and submit a factual report within three weeks.

The tribunal noted that UPPCB had not submitted a test report on the heavy metal content in the fly ash, which is crucial for disposal activities. The court observed that the authorities had not adequately monitored these parameters.

“It appears that authorities have not properly monitored parameters of the contents of fly ash, which are necessary for disposal activities on the part of the proponent,” said the NGT. The UPPCB was given time to conduct the necessary tests and provide a report.

During the proceedings, LPGCL’s counsel referenced government notifications on fly ash disposal, including the CPCB’s 2019 guidelines. These guidelines restrict the disposal of fly ash in agricultural areas. Furthermore, the EC granted to project proponents in 2011 prohibits fly ash disposal in low-lying areas. The counsel argued that while the EC prohibits disposal, it does not prohibit the reclamation of low-lying areas by depositing fly ash.

However, the NGT stated that no distinction exists between disposal and reclamation, as both result in similar outcomes.

Regulatory authorities informed the court that they were unable to verify the alleged fly ash disposal due to the proponent’s failure to provide information about the low-lying areas in question.

The application, filed by Anurag Sharma, alleged that agricultural crops in the villages of Mirchwara and Burogaon, in Lalitpur district, were being damaged by the unscientific disposal of fly ash from three generating units, each with a capacity of 660 megawatts (MW) operated by Bajaj Power Generation Company Ltd.

Related Stories

No stories found.
Down To Earth
www.downtoearth.org.in