Governance

Daily Court Digest: Major environment orders (July 24, 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: Monday 24 July 2023
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Illegal mining in Sonipat, Haryana

The National Green Tribunal (NGT) slammed the Haryana State Pollution Control Board (HSPCB) on July 21, 2023 for failing to stop illegal mining in Yamuna river, Gannaur tehsil, Sonipat district. It directed the HSPCB to take disciplinary action against the regional officer concerned “for negligence in performing his duties and indirectly permitting for illegal mining causing loss to state exchequer”.

HSPCB was directed to immediately take remedial action, stop mining activity and calculate the environmental compensation according to rules. The report must be submitted in four weeks, the NGT directed. 

The “matter was within the knowledge of the Regional Officer, HSPCB and inspite of the knowledge that the unit has no valid consent to operate (CTO), it was indirectly permitted to operate without any valid CTO in violation of environmental rules,” the NGT observed. 

An application was filed in the tribunal against illegal mining by Ultimate Group. It was contended that the unit is extracting sand from Yamuna beyond permissible quantity and without consent to operate in violation of section 33 (A) of the Water (Prevention and Control of Pollution) Act, 1974 and in violation of environmental clearance (EC).

The unit was operating without a valid CTO under Water Act 1974 and Air Act 1981, stated a report filed by HSPCB. Further, the unit had not submitted the six monthly compliance report of the EC conditions nor the replenishment study of the mining in the Yamuna riverbed.

The unit also failed to submit reports of monitoring of groundwater level and quality, which should be carried out in and around the mine lease by establishing a network of existing wells and constructing new piezometers during the mining operation. The monitoring has to be carried out four times a year, the report by HSPCB stated. 

Cleaning up Sidhwan canal in Ludhiana

The NGT directed the Municipal Corporation, Ludhiana to dispose of the remaining solid waste at Sidhwan canal in Punjab at a dump site within three months on July 21, 2023. A further action-taken report must be submitted before the next date of hearing, November 2, 2023, it said.

The Municipal Corporation had submitted a response regarding cleaning the canal. Approximately 90 per cent of garbage has been cleaned from the canal and the rest would be cleaned and disposed of according to rules within the next three months, it told the NGT. 

All its secondary dump sites will be removed and compactors will be installed at its transfer stations, it further submitted. Land has been identified for the project and the allotment of the vacant land is in process. 

A waste processing plant is also being set up and the corporation is preparing a detailed project report for the processing of wet waste via bio-methanisation / bio-compressed natural gas plant with a capacity of 200 tonnes per day.

A complaint was filed in the court about the dumping of solid waste, plastic bags, polyester clothes waste and other non-biodegradable material in the Sidhwan canal. The NGT formed a joint committee, which found that the municipal waste was being disposed of in the waterbody.

Grievance in the application was about the dumping of solid waste, plastic bags, polyester clothes waste and other non-biodegradable material in the Sidhwan canal. The tribunal formed a joint committee, which found that waste material was being thrown into the canal.

Waste management in Dughneri village, Himachal Pradesh 

The NGT, July 21, 2023 directed the authorities to ensure timely disposal of legacy waste dumped in Dughneri village, Hamirpur district  and submit an action-taken report. The court also directed the forest department to ensure the forest land is note encroached by illegal means or used for dumping purposes.

The Principal Secretary of Urban Development for Himachal Pradesh informed the court that a legacy waste tender agreement has been signed by the Municipal Council, Hamirpur and Suntan Life Company. The company had begun legacy waste processing at the solid waste management plant in Dughneri  and around 3,121.54 tonnes of legacy waste has been sorted till July 2, 2023. 

The quantity of legacy waste was more than the estimated 2,100 tonnes, the Principal Secretary said. The work will be finished in a time bound manner in at least nine months, he assured. 

The complainant, Rita Sharma & others, in an application to the NGT, December 9, 2022 said waste was being burned, causing air pollution, diseases, loss of livestock and contributing to forest fires and loss of wildlife. 

There is also an increase in the population of monkeys, feral dogs and scavengers, namely crows and vultures, Sharma’s plea said. The dumpsite in the hilly terrain was overflowing and contaminating the waterbody, which is a source of irrigation. 

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