Environment

Court Digest: Major environment hearings of the week (March 1-8, 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: Sunday 08 March 2020
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Industrial Pollution

The CPCB filed a consolidated status report in respone to the NGT order for information on the list of industries prohibited due to non-compliance and details of environmental compensation.

The state Pollution Control Boards (SPCBs) were asked to submit the action plans for improving environmental quality, including the demarcated boundaries of critically polluted areas (CPAs) and severely polluted areas (SPAs).

Among the 100 polluted industrial areas (PIAs) identified for Comprehensive Environmental Pollution Index (CEPI) evaluation, 38 PIAs were categorised as CPAs and 31 PIAs were categorised as SPAs located in 20 states / Union territories.

The CPCB report informed the tribunal that according to the data received from 18 SPCBs / PCCs, there are a total of 3,892 non-complying industries / activities out of which, 1,536 non-complying industries / activities have been issued closure directions. The incidences of violation by construction activity, stubble burning etc have also been included by a few SPCBs in number of non-complying industries/activities.

Around 5,302 industries / activities have been reported to be non-compliant with environmental standards in the last five years and environmental compensation of Rs 59,285.68 lakh have been imposed on them.

NIMBY a major obstacle to waste management

Solid waste management usually faces a lot of opposition from people as ‘not in my backyard (NIMBY)’ is a major behavioural hindrance where people raise objections to hinder and stall these processes. This makes the implementation of solid waste plans difficult to execute, a report submitted by the East Delhi Municipal Corporation (EDMC), said.

The status report of March 5, 2020, came in the wake of a National Green Tribunal (NGT) order in the matter of Birender Sangwan vs North Delhi Municipal Corporation & Others.

The report listed out the efforts taken by EDMC for implementation of Solid Waste Management Rules 2016, which include a system for collection, segregation, storage, transportation and processing / disposal of municipal solid waste through various scientific and use of modern technologies. Action was taken against defaulters for unscientific dumping of garbage of roads, footpath, parks and other places.

EDMC has also requested for land to plan and establish decentralised waste processing facilities and material recovery facilities.

Housing debris obstructs Siswan 

A residential project ‘The Lake’ by M/s Omaxe Chandigarh Extension Developer Pvt Ltd  in New Chandigarh, Mohali district of Punjab was disturbing the natural flow of the Siswan rivulet, according to a joint committee report submitted to the National Green Tribunal (NGT).

Further, the creek adjoining the river was also filled with the construction debris thrown by the builders. The report was uploaded to the NGT site on March 2, 2020.

The committee recommended that Greater Mohali Area Development Authority construct culverts at two points for passing 4,650 cusecs of water and that Omaxe remove the debris from the path of the natural drain and restore the level of the land to the original level.

The project proponent should also protect the “left side of the creek of the reach adjoining to ‘The Lake’ project and the left edge of the road from point A to B along the creek with the help of stone pitching” according to the undertaking of October 22, 2019 submitted by it, the committee said.

Air pollution at Faizabad railway godown

A compliance report was filed by the railways pursuant to the directions of the NGT vide order dated October 11, 2019, regarding remedial action against pollution at and around the railway godown in Faizabad, Uttar Pradesh, in the course of loading and unloading of cement, fertilisers and grains by trucks, polluting the air quality and causing respiratory problems.

The compliance report mentioned that during the loading / unloading of goods, all the labourers involved were wearing masks and were not using hooks in order to avoid the hazardous effect to their health and the dust particles were not going into the air from the bags.

Loaded trucks were fully covered with tarpaulin to avoid the movement of dust particles from them and 120 trees had been planted near the boundary wall for which the surface had been levelled and work was under process.

Brick kilns' environment impact

Brick kilns based on zig-zag technology using agro-residues are located only in the National Capital Region (NCR), the Central Pollution Control Board (CPCB) said in its report to the National Green Tribunal (NGT) on March 4, 2020.

If the performance of kilns operating on agro-residues under comparable situations is to be assesed, the zig-zag type kilns in NCR regions, which are presently closed, have to be made operational to facilitate monitoring.

Also, a time period of at least four months should be granted to CPCB to monitor 65 brick kilns in NCR and outside and submit a report covering:

  • Impact of brick kilns operations on loss / degradation of top soil
  • Study involving carrying capacity assessment of kilns with adequate samples (number of kilns and days monitored)
  • Evaluation of the performance of kilns against the background concentration and carrying capacity of the area 
  • Impact of kilns on ambient air after their operational commencement in NCR regions

The CPCB report was in the wake of the NGT order of January 30, 2020 in the matter of Dinesh Chahal & Others Vs Union of India & Others. 

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