Governance

Daily Court Digest: Major environment orders (April 23, 2024)

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

 
By DTE Staff
Published: Wednesday 24 April 2024

Rampant waste dumping in Silchar with no action from the authorities

National Green Tribunal (NGT) on April 18, 2024 took a serious view of a complaint filed by Nagarik Swartharaksha Sangram Parisad over rampant dumping of rubbish throughout Silchar town in Assam, with authorities allegedly disregarding various complaints lodged by the applicant.

The court ordered that notices be issued to the Assam Pollution Control Board, Central Pollution Control Board and Silchar Municipal Board, among others. All respondents were instructed to submit their counter-affidavits within four weeks.

The complaint stated that Silchar generates approximately 100 tonnes of rubbish each day, with 60 tonnes being dumped at Meherpur dumping ground, while 40 tonnes are discarded all over the town, including on vacant grounds and in drains. It was claimed that this has led to the town’s drains becoming completely blocked and polluted with rubbish, particularly during the rainy season when Silchar gets submerged and becomes contaminated with dirty water.

Additionally, the complaint alleged that the applicant had sent a letter to the executive officer of the Silchar Municipal Board on February 24, 2022, regarding a cleanliness drive on NN Dutta Road, requesting the removal of rubbish and the cleaning of the town’s drains, but no action was taken. A follow-up letter was sent on March 8, 2022 to the same officer about rubbish disposal, but again, no response was received. 

Another letter dated March 29, 2022 was sent to the executive officer requesting the provision of rubbish collection bins to the residents and shop owners on Chengcoorie Road. An additional letter dated April 26, 2022 was sent, asking for rubbish collection bins for residents and shop owners on Satsang Ashram Road Market, Azad Hind Road and Chengcoorie Road, but no action had been taken up to that point.

Fuel depots in Sikkim

NGT took up the ‘execution application’, seeking compliance with a tribunal order dated April 17, 2023 to prohibit Bharat Petroleum Corporation Limited (BPCL) from proceeding with the construction of a fuel depot in Majitha, Pakyong District, Sikkim.

The application was filed by Yodh BDR Thapa, seeking directions be issued to Central Pollution Control Board to prepare a Standard Operating Procedure (SOP) outlining specific criteria for the establishment of fuel depots, including but not limited to area identification, size, storage, distance and other scientific measures.

Additionally, a directive was sought for the Sikkim State Pollution Control Board to develop an SOP for the establishment of fuel depots in Sikkim.

On April 18, 2024, NGT directed notices be issued to the respondents, which included BPCL and the Sikkim State Pollution Control Board, among others. All respondents have been instructed to file their counter-affidavits by the next scheduled hearing on 24 May 2024.

Odhani river encroachment

The eastern bench of the NGT, April 18, 2024 directed the district magistrate of Banka to take appropriate action against illegal encroachments by land mafias along parts of the Odhani river

The Bihar State Pollution Control Board and the district magistrate were instructed to determine the environmental compensation against the violators and recover it in accordance with the law.

Based on the documents submitted, the court noted that a dirt road was being constructed along the edge of the Odhani river, encroaching into the river without proper authorisation.

The court expressed its surprise that, despite the findings noted by the district magistrate, no criminal proceedings had been initiated against the violators, who had filled soil to the river’s edge, causing environmental damage.

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