Down To Earth brings you the top environmental cases heard in the Supreme Court, the high courts and the National Green Tribunal
The Supreme Court directed the Union of India to decide whether a cap on mining is necessary in the case of Odisha and if so, the modalities to be followed for determining such a cap. “In arriving at its decision, the Union of India shall also examine the basis on which a cap was imposed in the States of Karnataka and Goa,” the order passed by the bench of Chief Justice DY Chandrachud and justices JB Pardiwala and Manoj Misra. The government of India was directed to file its affidavit within a period of eight weeks.
The state of Odisha informed SC that at present an amount of Rs 2,622 crore, excluding interest, is due and outstanding on account of illegal mining, out of which an amount of Rs 2,215 crore is recoverable from five lessees.
The apex court directed Odisha to take swift measures to pursue the recovery proceedings in accordance with law and necessary steps be taken by attaching the assets of the defaulting entities. In addition, the terms and conditions of the tender need to clarify that no tender would be entertained at the behest of an entity against which outstandings are due or companies in which the same promoters are interested.
A joint committee will probe the allegations of discharge of two industries into a drain merging in Banganga river from Laksar industrial area, Haridwar district, Uttarakhand, directed the National Green Tribunal (NGT).
The committee will comprise the Central Pollution Control Board (CPCB), regional office, Union Ministry of Environment, Forest and Climate Change, National Mission for Clean Ganga, Uttarakhand Environment Protection and Pollution Control Board, Uttar Pradesh Pollution Control Board and District Magistrates of Haridwar and Muzaffarnagar.
The committee, after undertaking visits to the site, will verify the factual position including:
A factual and action taken report has to be submitted within three months and the court listed the matter for further consideration on November 22, 2023.
The grievance in the application was regarding severe water pollution at the Shukratal Ganga Ghat in Muzaffar Nagar, Uttar Pradesh.
RBNS Sugar Mill Pvt Ltd, Shekhpuri, Laksar, Uttarakhand and RBNS Distillery Pvt Ltd, Shekhpuri, Laksar, Uttarakhand is located upstream of Banganga river at Laksar industrial area in Haridwar, Uttarakhand.
Both the industries are discharging highly polluting industrial effluents into the drain which merges in Banganga river, according to the complainant.
Both the industries are in the habit “of releasing of toxic spent wash stored in their lagoon whenever they find opportunity. The process of illegal discharge has been going on for the last many years. The waste water is released in bulk quantity at Idrishpur drain which damages the entire ecosystem river of Banganga till the Shukratal ghat downstream,” the application to the NGT dated July 29, 2023 read.
NGT, Eastern Zone Bench, Kolkata directed the constitution of a four member committee to investigate the allegations of encroachment upon the river bed of Subarnarekha due to the running of a plastic factory unit and coal depot. The encroachment was reducing the natural flow of river water and obstructing the passage of flood embankment.
If violations are found, initiate appropriate action as per law against the violators and also determine environmental compensation, the order dated August 10, 2023 added.
It was alleged that the ecosystem of River Subarnarekha at Sekhsarai Mouza under Jaleswar Tehsil was getting damaged due to the discharge of effluents and wastewater into the river. It was also alleged that a concrete boundary wall was reducing the natural flow of water and obstructing the passage of flood embankment.
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