Down To Earth brings you the top environmental cases heard in the Supreme Court, the high courts and the National Green Tribunal
The Madras High Court January 2, 2024 directed the authorities to take steps for the protection of the Sathyamangalam Tiger Reserve during the masi festival at the Adhi Karuvannarayar temple located in the core area of the tiger reserve forest.
During the festival, a large number of people gather against the norms and guidelines and the entry is not regulated by the authorities, the applicant alleged.
The temple is in the core area of the tiger reserve forest and as per the guidelines, the carrying capacity would be 29 vehicles.
The authorities say the carrying capacity of the area is 76 vehicles. But the petitioner said that “a large number of devotees (up to 50,000) gather during the festival time and all sorts of pollution is made”.
They prepare food at the site, stay at night, carry liquor bottles and burn firewood, the petitioner claimed. The authorities are not taking appropriate steps to protect the Sathyamangalam Tiger Reserve, the applicant added.
However the authorities informed the court that only about 5,000-7,000 pilgrims attend the temple festival and the pilgrims do not stay at the night time. The temple has been in existence for centuries and the Sathyamangalam Tiger Reserve came into existence subsequently. All efforts are taken by the authorities to protect the tiger reserve forest, they claimed.
The authorities added that devotees will be allowed to stay on the temple premises only on the night of the festival and only the temple administrators will be allowed to stay on the temple premises. A monitoring committee will ensure that the devotees leave the forest area before 5 pm and cross the Karachikorai check post on the last day of the festival. A maximum of 100 vehicles per day will be allowed for the festival, according to them.
Further, it would be ensured that the participants of the festival do not engage in any activities like burning firewood, dumping garbage, staying inside the forest and polluting the Moyar river.
The HC directed that the steps proposed to be taken by the authorities should be implemented during the festival (scheduled in the month of February 2024).
The HC listed the matter for March 15, 2024 and directed the authorities to submit a status report.
The National Green Tribunal January 2 directed Punjab Pollution Control Board (PPCB) to file a fresh report on the issue of removal of the layer of soil laid over the hazardous waste dumped at the contaminated site in Aloarkh village in Punjab’s Sangrur district. The report has to be filed within a period of six weeks and the next hearing of the case will be on February 26.
In the original application, the issue raised was in respect of inaction of the state authorities to take remedial action against contamination of groundwater in Aloarakh.
The tribunal by order dated March 31, 2022 had disposed of the original application with certain directions and ordered to submit the report before the Registrar General of the NGT. On the basis of the report so submitted, the present application has been registered as it was noticed that direction issued by NGT was not implemented.
On the issue of removal of the layer of soil laid over hazardous waste dumped at the contaminated site, along with the previous report, an order of the Punjab Pollution Control Board (PPCB) dated November 24, 2023 was enclosed, by which owner of the contaminated site was directed to remove the layer of soil for proper soil sampling and geophysical imaging by National Environmental Engineering Research Institute, Nagpur for remediation of the site.
A fresh report by PPCB was filed December 31, 2023, which stated that “proposal for incurring 30 per cent cost out of total expenditure amounting Rs 23,00,000 has been approved by cairman, PPCB for bearing financial contribution to the tune of Rs 6,90,000 by PPCB for lifting the soil from site under question”.
The fresh report reflects the position of lifting of soil from the site in question and stage of geophysical survey by NEERI and it is stated that the the work for lifting the soil from site under question has commenced and by December 30, 2023 approximately 250,000 cubic feet of soil has been lifted from site and work for shifting the remaining soil and levelling of site will be completed in due course of time (12-15 days) as huge volume of soil is lying at site. Counsel for PPCB has submitted that survey by NEERI will be completed by January 31, 2024.
Counsel for PPCB was not in a position to point out as to whether soil which is being lifted is also contaminated and reason requiring lifting of the soil from the site is required. In the circumstance of the case, the court directed notice to be issued to NEERI.
NGT January 2 directed the chief secretary of Himachal Pradesh to file an affidavit within four weeks, indicating the timeline for implementation of the action plan to clean nine rivers of Himachal Pradesh.
Counsel for the Himachal Pradesh Pollution Control Board has informed that an action plan for rejuvenation of all the nine rivers in the state has already been prepared and the consultations are in progress in respect of implementation of the action plans. The entire process is being reviewed by the chief secretary of the state.
The original application was registered in suo-moto exercise of power on the basis of the news item titled Ashwani Khad: The Most Polluted River in Himachal Pradesh published in the newspaper News Himachal on December 4, 2023. The rivers and streams of Himachal Pradesh are grappling with a surge in pollution and Ashwani Khad in Shimla has been found to be the most polluted river in the state, according to the news report.
The story revealed that the pollution in Ashwani Khad primarily stems from the discharge of effluents from sewage treatment plants. The biochemical oxygen demand level in Ashwani Khad escalated from 70 milligrams per litre in 2022 to an alarming 80 mg per litre in the current assessment.
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