Down To Earth brings you the top environmental cases heard in the Supreme Court, the high courts and the National Green Tribunal
The complaint of mining activities taking place in the eco-sensitive zone of Kuldiha Wildlife Sanctuary, Balasore district, Odisha needs to be considered, said the National Green Tribunal (NGT), August 14, 2023.
The tribunal directed a notice be issued to Odisha government, Odisha State Pollution Control Board, Union Ministry of Environment, Forests and Climate Change and State Environment Impact Assessment Authority (SEIAA), Odisha, among others.
The applicant (Rural Organisation for Social Empowerment) was aggrieved by a notification dated January 20, 2023 under the provisions of Section 36-A of the Wildlife (Protection) Act, 1972.
There are 97 sand mining sources leased out in the vicinity of Similipal-Hadgarh-Kuldiha-Conservation Reserve. The region of these sand mining sources that were advertised and leased out are densely forested and proposed to be notified as a reserved forest, namely, the Sukhuapata Reserved Forest, the applicant told the NGT.
Therefore, quarrying activities carried out in the eco-sensitive zone of Kuldiha Wildlife Sanctuary without prior approval of the central government is illegal and in violation of the Forest (Conservation) Act, 1980, the complainant said.
In addition, if such quarrying activities are permitted to continue unabated, it will severely threaten the well-being of the ecosystem in the area and lead to severe loss of wildlife and precious biodiversity, it added.
The said notification was in violation of the judgment of the Supreme Court in the case Binay Kumar Dalei & Others. vs. State of Odisha & Others, the applicant further claimed.
The apex court in the order had directed the state government to implement the comprehensive wildlife management plan as suggested by the Standing Committee of National Board for Wildlife before permitting any mining activity in the eco-sensitive zone.
The state was also directed to complete the process of declaration of the traditional elephant corridor as conservation reserve as per Section 36A of the Act expeditiously. The mining operations will only then be permitted, the SC order had said.
The NGT, August 14, 2023, told the authorities to inform the tribunal whether the siting criteria for the establishment of a waste processing unit at Poiwan in Aurangabad, Bihar has been strictly followed or not.
The NGT, Eastern Zone Bench, Kolkata directed a notice be issued to the authorities to file their counter-affidavits on the matter.
An application in the court alleged the garbage processing unit is near the village of the complainants, which has a dense population and the Tekari river is within a distance of 50-100 metres from the unit.
The dumped garbage is stated to be stored at about 300 metres from the village where the entire district’s garbage is stored and the waste processing unit has been established by the district administration.
The NGT, August 17, 2023 directed a three-member committee to look into the complaint of disregard of several conditions of environmental clearance during the construction of flats by the Greater Mohali Area Development Authority (GMADA) in Punjab.
Punjab State Pollution Control Board would be the nodal agency for coordination and compliance. The court will next hear the case on November 8, 2023.
The grievance of the applicant is with regard to the environmental clearance for the construction of 6,360 Flats in an area of 117.12 acres by GMADA.
The SEIAA, Punjab had sanctioned the flats’ construction vide order dated March 14, 2013 with the condition that same will be completed within a time limit of five years. However, the project proponent failed to complete the project within the time limit, the applicant told the NGT.
The conditions of EC over installation of sewage treatment plant, providing adequate drinking water, rain water harvesting system and a solid waste management system were not complied with by the project proponent, it added.
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