Environment

Daily Court Digest: Major environment orders (August 8, 2023)

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 09 August 2023
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Illegal sand mining

The National Green Tribunal (NGT) directed a five-member committee to probe the allegations of illegal sand mining in Rayan Ramchandrapur village, Balasore district, Odisha.

The tribunal was responding to a petition on August 4, 2023. The petitioner alleged that the tahsildar, Jaleswar, executed a lease deed in favour of a miner, one of the respondents, on April 13, 2021.

The respondent has been carrying out illegal mining in the Rayan Ramchandrapur sand source, which spans an area of 20.38 acres. The state environment impact assessment authority (SEIAA), Odisha, granted an ad-hoc environmental clearance on July 13, 2017. But a further clarification from SEIAA issued on May 6, 2022, said clearance would be valid only until December 31, 2022.

However, the respondent renewed the consent to operate after the validity of the environmental clearance expired, and it was granted illegally without verifying the validity of the environmental clearance, the petitioner alleged.

The sub-collector, Balasore, in a letter dated March 24, 2023, had clarified that the Rayan Ramchandrapur sand source is situated in the DLC forest and should not be allowed to operate, added the applicant.

Moreover, no green belt or plantation has been done as per the approved mining plan, which mandated the plantation of 50 saplings every year and 250 saplings over a five-year lease period.

The NGT directed the committee to visit the site and submit its report within four weeks. The committee should suggest remedial measures and determine the environmental compensation if it comes across violations. The concerned authorities shall also initiate appropriate steps for taking action against the violator, the tribunal said.

Gaushala violating environmental norms

Eastern Zone Bench of the NGT, located in Kolkata, directed a three-member committee to probe the allegations of a gaushala in North 24 Parganas violating environmental norms.

While responding to a petition on August 4, 2023, the tribunal asked the committee to visit the site and submit a report within four weeks. It should also suggest remedial measures and determine the environmental compensation, the order said.

The gaushala has been operating for several years without valid consents from the West Bengal Pollution Control Board. It has been violating the provisions of the Guidelines for Environmental Management of Dairy Farms and Gaushalas, issued by the Central Pollution Control Board in July 2021.

Further, dung and fodder residues were washed into the drains, leading to clogging of the latter.

Illegal stack yard 

An illegal stack yard at the Nergundi Railway Siding in Odisha has been violating environmental norms, an applicant told the NGT on July 27, 2023.

It has been violating the Guidelines for Environmental Management in Mineral Stack Yards and Railway Sidings issued by the Odisha State Pollution Control Board on April 16, 2010, the applicant alleged.

The NGT ordered the constitution of a committee to look into the allegations as it maintained the matter required consideration. 

 The committee should visit the site and submit its report. It should suggest remedial measures and determine the environmental compensation on finding any violations. The case has been listed for September 6, 2023.

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