Down To Earth brings you the top environmental cases heard in the Supreme Court, the high courts and the National Green Tribunal
The National Green Tribunal (NGT) on December 19, 2023 came down heavily on the Central Pollution Control Board (CPCB) over environmental compensation funds being diverted for unauthorised activities. Using funds meant for environmental compensation for activities that are not in the CPCB’s domain would amount to misappropriation of funds, it said.
The tribunal was hearing matter related to air pollution. Under the environment protection charge (EPC) funds, CPCB is financing urban local bodies in the national capital region to build and repair roads and mechanical road sweepers, it was told.
Similar funds are also made available to the Ghaziabad Municipal Corporation and other local bodies without any explanation. As a result, “the amount of environmental compensation deposited with CPCB is being diverted for unauthorised purposes,” the NGT said.
The NGT directed the CPCB to give complete details of the entire amount of environmental compensation deposited with it and how the funds have been spent or utilised till November 30, 2023.
The court also questioned the counsel appearing for the CPCB as to how the agency was concerned with the construction and repair of roads, which is the “statutory responsibility of local bodies and funds of environmental compensation cannot be diverted for such activities which are not permissible to be undertaken by the CPCB, and this is a gross misuse and serious financial irregularity by diverting funds for unauthorised activities”.
“In the garb of protection of the environment, remediation and rejuvenation, activities that are not directly or indirectly connected with the same but statutory duties of some other statutory bodies should not be undertaken by CPCB,” the NGT said.
A reply by the Union ministry of environment, forest and climate change (MoEFCC) admitted to the presence of several pollutants in air but not effective action has been taken in the matter, the NGT pointed out. MoEFCC was not able to state a single step taken for effective control of air pollution by the ministry and a fine of Rs 25,500 was imposed on it.
The MoEFCC was also directed to file a supplementary reply within one month outlining all steps taken for effective monitoring and control of air pollution. The case’s next hearing will be held on February 14, 2024.
A three-member committee was directed by the NGT’s central zone bench, Bhopal to look into allegations of encroachment of Puraniha pond located in Bedachh village, Jawa tehsil, Rewa district in Madhya Pradesh.
The committee has been directed to visit the place, examine the records and identify and demarcate the pond. The court ordered that demarcation be done by putting up poles around the pond and then taking the necessary actions.
It also directed the committee to take appropriate action against the encroachment and ensure that any encroachment is removed in accordance with the rules. A factual and action-taken report needs to be submitted within four weeks, added the NGT order.
The pond covers an area of 29.78 hectares. A complaint claimed several village residents encroached on the pond, and many applications were filed with the authorities for action and removal, but nothing was done. A recent application dated April 11, 2023 was sent to collector, Rewa with a copy to the Prime Minister’s Office, but authorities did nothing, the complaint claimed.
Mining operations by a private company from January 15, 2016 through July 7, 2022 (2,363 days) in Palakkad district, Kerala on the basis of the old lease was illegal and unauthorised, the southern bench of the NGT declared on Decembr 20, 2023.
The miner, Mary Matha Granite Pvt Ltd, is liable to pay environmental compensation for the quantity of mined materials, the tribunal said. The mining and geology department must ascertain the quantity if the illegally and unlawfully mined material, which would then be assessed by the Kerala Pollution Control Board, it added.
The mining and geology department was also directed to ascertain whether the miner had complied with the closure plan provided while executing the mining lease of 2010. If it didn’t comply, appropriate action should be taken against them for enforcing the mining closure plan, the NGT said.
In the case of any damages to the environment, it should be recovered from the mining company as well, the tribunal added.
The mining company (Mary Matha Granite Pvt Ltd) will continue with the quarry operation only after obtaining prior environmental clearance and all the valid licences and approvals required from the authorities concerned.
Another mining company named in the case, Royal Sands and Gravels Pvt Ltd, was directed to strictly follow the general and specific conditions given in the environmental clearance.
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