Governance

Daily Court Digest: Major environment orders (April 9, 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 10 April 2024

Use chemicals to clear water hyacinth only after proper scientific studies: NGT to PMC

The National Green Tribunal (NGT) has mandated that the utilisation of the bioenzyme “draynzyme” on water hyacinth must undergo scrutiny by the Central Pollution Control Board (CPCB), in conjunction with the Indian Institute of Toxicology Research in Lucknow.

Approval for its usage will only be granted if it is determined that there are no detrimental effects on the ecological balance of the water body, in accordance with legal requirements.

On April 5, 2024, the NGT instructed the CPCB to investigate whether it’s viable to use draynzyme on water hyacinths or natural water bodies. The board was told to submit its findings to the registrar of the western zonal bench of the tribunal within four months.

An application was registered suo motu on the basis of a news article, No permission provided for use of chemicals in cleaning water bodies: MPCB, appearing in newspaper Hindustan Times on February 23, 2024.

The article reported the decision by Pune Municipal Corporation (PMC) to spray bio-enzyme or natural chemicals on rivers and lakes to deal with the problem of water pollution and water hyacinth.

According to the news article, the PMC decided to spray bio-enzymes or natural chemicals on rivers and lakes after a viral video showed a mosquito outbreak. The PMC has already sprayed a bio-enzyme on the Ramnadi river in Bavdhan. Additionally, they have begun using drones to spray insecticide on stretches of the Mula Mutha river near Keshav Nagar, Kharadi and Mundhwa, the article stated.

Maharashtra Pollution Control Board (MPCB) has submitted a report stating that the use of herbicide glyphosate has been restricted due to health hazards and risks to human beings. MPCB sent a letter to the PMC on June 30, 2023, regarding this matter. 

PMC sprayed Draynzyme on water hyacinth on trial basis on an area of 40 sq. feet stagnant water pool along Ramnadi, the corporation told NGT. Counsel for the PMC has stated that no such experiment will be conducted in the future until the appropriate competent body approves it.

Substandard effluent being discharged into Pawana river

The NGT, on April 5, 2024, directed Pimpri Chinchwad Municipal Corporation (PCMC) in Maharashtra to submit a detailed report covering all aspects related to the sources of pollution in the Pawana river, as well as the remedial actions that have been taken and proposed by the PCMC.

A report submitted by the MPCB provided information on sewage treatment plants (STP), reporting that most STPs are non-functional and are failing to meet the required parameters. PCMC was also directed to look into the non-functioning STPs.

The NGT ordered to include the CPCB, MPCB, district collector / district magistrate of Pune, and commissioner of PCMC as parties in the case.

The MPCB’s report addressed the water quality of Pawana river. It stated that the treated effluent from PCMC’s STPs does not meet the required standards, leading to substandard effluent being discharged into the river.

Additionally, untreated domestic effluent from the PCMC area is also being discharged into the Pawana river through various channels, said the report.

The report also included a summary of PCMC’s response, stating that measures have been taken to improve the sewage network, including the installation of a new interceptor line. However, it did not provide details on the total discharge, specific drains contributing to river pollution, or comprehensive steps taken to mitigate such discharge.

NGT gives the go ahead to the construction of storm drainage in Deoria

The geographical conditions in Deoria, Uttar Pradesh, lead to significant waterlogging issues during the monsoon season, the NGT pointed out on April 9, 2024. A proposed stormwater drainage project for controlling these problems in Deoria should be implemented, it stated.

“However, slabs on the top should only be on those location / places where requirement / necessity of right of the way arises,” the order added.

The court ordered that the excavated soil must be stored in a designated area to prevent its scattering on the road and minimise dust pollution. Water tankers should be available to spray water on affected areas to prevent airborne dust. 

Plantations of suitable grasses, shrubs, and native trees, including bamboo, should be conducted on both sides of the stormwater drain to prevent bank erosion and enhance its visual appeal, the NGT said. Additionally, foolproof measures must be implemented to prevent the mixing of municipal sewage with stormwater.

The applicant claimed that the excavation of earth for digging the drain was causing air pollution and creating problems for nearby residents.

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