Environment

Court Digest: Major environment hearings of the week (February 8-14, 2020)

Down To Earth brings you the top environmental cases heard in the Supreme Court, the high courts and the National Green Tribunal through the week     

 
By DTE Staff
Published: Saturday 15 February 2020
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Scientific disposal of fly ash

The NGT on February 12 directed thermal power plants to take prompt steps for scientific disposal of fly ash in accordance with the statutory notification issued by the Union Ministry of Environment, Forest and Climate Change (MoEF&CC), under the provisions of the Environment Protection Act.

The CPCB has been asked to compute and levy environmental compensation. The CPCB's guidelines of May 2019 for utilisation / disposal of fly ash for reclamation of low lying areas and in stowing / back filling of abandoned mines / quarries should be complied with, the NGT added.

Compliance of environmental norms by armed forces

The National Green Tribunal (NGT) on February 11, 2020 directed the defence secretary to provide the name of the responsible joint secretary who would file a report on waste management by the armed forces.

The tribunal was responding to an application by Air Marshal (retd) Anil Chopra, who had stated that some establishments of the armed forces lacked requisite knowledge on ecological issues and solutions to environmental challenges, particularly in virgin areas.

Waste generated by military weapons as well as domestic, industrial, biological, hospital and electronic activities (e-waste) needed to be scientifically disposed off in the interest of public health and environment, the application said. The armed forces could also face such problems in desert and marine areas, thus requiring monitoring at an appropriate level, it added.

In May 2019, the tribunal had asked the Union Ministry of Defence to file a status report in the matter after ascertaining the relevant facts and status of compliance of environmental norms from different concerned establishments within three months. But no report had been filed till February 2020.

Waste management in Chandigarh

The NGT on February 12 directed a committee headed by Justice Pritam Pal, former Judge of Punjab and Haryana High Court to oversee the compliance of the tribunal's orders on disposal of waste in Chandigarh and submit a report after one month.

Earlier the matter was dealt within the context of unsatisfactory working of solid waste processing plant operated by M/s Green Tech Fuel processing plant run by M/s Jaiprakash Associates Limited under a contract dated August 30, 2005 from the Municipal Corporation, Chandigarh for 30 years. Disputes arose between the project proponent and the Municipal Corporation, Chandigarh affecting waste management and consequential impact on environment.

NGT directed that while the dispute between the corporation and the project proponent may be settled at an appropriate forum, the basic responsibility for disposal of waste lies with the corporation. It is for the corporation to take a decision whether the contract assigned to the project proponent is viable or satisfactory or not and if not, what alternative arrangement is to be made. The corporation has to ensure that solid waste management takes place appropriately and expeditiously without endangering the life of people

Protect Deepor Beel: NGT

The NGT on February 11 directed the state of Assam to expeditiously complete the task of removing hydrophytes from the Deeport Beel and to issue a notification declaring the eco-sensitive zone of Deepor Beel Wildlife Sanctuary within one month.

The tribunal also looked into the disposal of the legacy waste at Goraigaon site and the setting up of the decentralised processing plants.

The court said that the work on disposal of legacy waste can commence even if the decentralised processing plants have yet not been setup as the objectives of the two are quite distinct. Further, Assam was directed to ensure that the land identified for the purpose of the Integrated Solid Waste Treatment Plant and the decentralised processing plant are handed over to Guwahati Municipal Corporation within one month.

Brick kilns in Odisha

The National green Tribunal (NGT) on February 10, 2020 directed the Odisha State Pollution Control Board “to complete all those actions initiated and presently in process within the requisite time frame” regarding 640 brick kiln units in Ganjam district that violate provision of the Environment Act, 1986 and Air Act, 1981.  

The application came up before the tribunal in 2015.

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