Mining

Daily Court Digest: Major environment orders (December 21, 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: Saturday 23 December 2023

Improvement in water quality of Yamuna river 

The water quality of the Yamuna river improved from January 2023 to December 2023 as a result of coordinated action by the various departments involved, compared to the corresponding months from January 2022 to December 2022, the Delhi government’s department of environment told the National Green Tribunal (NGT) in a report on December 20, 2023.

In comparison to the corresponding months of January 2022 to December 2022, there has been a significant improvement in the Yamuna river's water quality in terms of biochemical oxygen demand (BOD), chemical oxygen demand (COD), and faecal coliform at ISBT (after meeting Najafgarh drain) and Asgarpur (Okhla barrage after confluence of Shahdara and Tughlakabad drains), as well as the Najafgarh drain’s BOD and COD levels, the report said.

A Delhi Pollution Control Committee (DPCC) laboratory assesses the Yamuna's water quality status at eight different locations every month.

Treatment capacity has been increased by 35 million gallons per day (MGD) and a new 124 MGD sewage treatment plant has been built in Okhla. Sewerage networks have been installed in 283 unauthorised colonies and 21 JJ clusters have been linked to sewerage networks / decentralised sewage treatment plants.

There are 22 drains that flow into the Yamuna river, nine of which have been tapped and two of which are partially tapped. These two drains are Najafgarh and Shahdara, which are both large, making it technically impossible to tap entire drains. Both drains are part of Delhi Jal Board’s Interceptor Sewer Project, where a significant flow of sub-drains has been or will be tapped. There are nine drains that have yet to be tapped, the report added.

Scrap dealers in Hauz Rani village must follow norms

Authorities need to ensure that scrap dealers operating in Hauz Rani village, Delhi operate with due authorisation under the rules and follow safety norms, said the NGT on December 20. Furthermore, environmental damage, including damage to the greenbelt / trees, must be avoided. The statutory authorities should take appropriate remedial measures in accordance with the law, the order said.

The tribunal was hearing a matter of encroachment of land behind the graveyard near Max Hospital, Saket, Delhi. Trees like neem, babool and peepal have been cut from the green belt and people are storing scrap material, a complaint said. Scrap dealers were also burning plastic, polythene bags and electricity wires, which resulted in the emission of poisonous gases causing air pollution, tit added.

From the material on record, the court observed the land in question falls in Khasra no 197 (5-11) and 198 (2-10) of village Hauz Rani, Delhi. Some jhuggis were present behind the Kadeem Zari Muslim Eidgah, Hauz Rani village.

Concerning land encroachment, the court stated that the “aspects of law of encroachments over land” were not within the tribunal’s jurisdiction. The authorities concerned must take appropriate action to remove encroachments in accordance with the law and no court intervention is required, it added.

Some scrap material shops were observed to be run by people living in jhuggis. Plastic, polythene bags, and other waste were discovered dumped on the land. According to the joint committee’s report and the Dlhi Development Authority’s site inspection report, naturally fallen trees were discovered and no tree was found to have been manually cut or fallen by encroachers. 

No burning of plastic, polythene bags or electric wires was observed by the Joint Committee. However unauthorised encroachments were found by the panel in the area.

Illegal mining in village Majhera, district Shivpuri

The NGT directed the mineral department of Madhya Pradesh and the collector of Shivpuri on December 20, 2023 to submit within three weeks the action taken against violators involved in illegal mining taking place in forest and revenue areas at Mazhara village, Shivpuri district in violation of environmental rules.

A letter petition before the NGT raised the issues of illegal minings /stone quarrying and operation of crushing units in the area falling within the eco-sensitive zone known as Madhav National Park, Majhera village, Shivpuri district.

A report was called from the authorities concerned, who admitted to the illegal mining in the forest and revenue areas in Mazhara in violation of environmental rules.

The District Mineral Foundation, Shivpuri sought approvals through DMF portal from the Madhya Pradesh State Mineral Resource Department for proper mining closure, and after that, the district collector, Shivpuri has also issued notice to realise the environmental compensation from the project proponents on the principle of polluter pays.

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