Governance

Daily Court Digest: Major environment orders (July 26, 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 26 July 2023
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Protect National Chambal Sanctuary from sand mining: NGT

The National Green Tribunal (NGT) directed the district authorities of Rajasthan, Madhya Pradesh and Uttar Pradesh to periodically monitor and ensure compliance of 2016 and 2020 Sand Mining Guidelines and control illegal mining. The bench of justices Sheo Kumar Singh and Arun Kumar Tyagi asked for an action taken report within three months.

The tribunal observed that sand mining has increased exponentially within the National Chambal Sanctuary (NCS). Several locations previously untouched are now being incessantly mined for sand.

“The Rithora sand bank has been completely levelled. Until 2019, there used to be at least 35 gharial nests at the Rithora sand bank. However, the nesting site does not exist anymore due to illegal mining,” NGT noted July 25, 2023.

The green court was addressing a grievance in the application against illegal mining, taking place in the periphery of Keoladeo National Park in Rajasthan near Dholpur, close to NCS, which is a habitat of rare species of animals particularly Gharial, roofed turtles and also river dolphins.

NGT suggested that the secretary, Union Ministry of Environment, Forest and Climate Change (MoEF&CC) should monitor the situation with the chief secretary of Madhya Pradesh to provide clarity on acceptability of notification on January 31, 2023 de-notifying 207 hectares from the sanctuary. 

In addition, the secretary, MoEF&CC, should conduct joint meetings with the chief secretaries of Madhya Pradesh, Uttar Pradesh and Rajasthan and the concerned heads of departments to ascertain complete protection of NCS with reference to wildlife and no mining or other activities, the order said. 

Explain why permission was granted to discharge effluents into a drain joining Ganga: NGT to UPPCB

NGT directed the Uttar Pradesh Pollution Control Board to file a report giving justification on why an industry (Obeetee Pvt Ltd) has been allowed to discharge trade effluents into Jhiriya nala, which joins the Ganga.  

The court also asked UPPCB to give status of other dying units discharging effluents into the drain and sewage management as well as time plan by the Nagar Palika Parishad (NPP), Gopiganj.

The tribunal directed the National Mission for Clean Ganga (NMCG) to review the status of sewage and industrial effluents flowing into Jhriya nala and intercepting the drain so as not to discharge effluents into the Ganga.

NGT noted July 24, 2023 that the treated effluents of Obeetee along with sewage and sullage of NPP Gopiganj, Bhadohi is being discharged through Jhiriya nala into the Ganga at Rampur Ghat. This is despite a directive from the tribunal banning the discharge of sewage and trade effluent into the Ganga or its tributaries. 

Further, the consent to operate (CTO) granted to Obeetee on March 15, 2022 has not been very clear on the consented mode of disposal of industrial effluent rather permitting it to discharge into the drain.

The court also pointed out that the UPPCB report had indicated there are other dying units which are discharging effluents into the drain. “To safeguard the agricultural fields from disposal of effluents will have to be properly examined and only agreed protocol and ferti-irrigation plan be followed,” the NGT order said.

DMRC need to have a proper methodology to reuse rainwater: NGT

A proper methodology should be developed by the Delhi Metro Rail Corporation (DMRC) and authorities concerned to utilise the rainwater and not to throw the water through pipelines on the road leading to nuisance, NGT said July 24, 2023.

Accordingly, the court directed a joint committee comprising the Public Works Department, Delhi; Municipal Corporation, Delhi; DMRC and Delhi Pollution Control Committee.

The committee was directed to submit a technical report with the help of technical officers for developing a methodology / engineered structured model to reuse the water for plantation and recharging of groundwater. The plan should apply to all DMRC pillars, the order added. 

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