Governance

Daily Court Digest: Major environment orders (March 12, 2024)

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 13 March 2024

Farm houses in Yamuna floodplain zone, Noida

The National Green Tribunal (NGT) on March 11, 2024 directed Uttar Pradesh government to file the details of properties of all 50 applicants allegedly living in Yamuna river floodplain zone in Noida, Gautam Budh Nagar district, Uttar Pradesh.

Applicants were directed to disclose the full particulars of their properties, including the land area under their ownership, extent of construction raised thereon, nature of construction and sanction from the competent authority to raise construction, if any.

The government and applicants were told to submit their responses at least one week before the next date of hearing, May 21, 2024.

The applicants told the court their properties were located in villages Doshpur Mangrauli Khadar, Chak Mangrola, Assadullapur, Chaprauli Khadar, Nangli Nangla, Nagli Bahrampur and Kidawali in Noida, Gautam Budh Nagar district.

During the floods in the Yamuna on July 12-15, 2023, the polluted water of the river mixed with sewage, hazardous chemical effluents and stinking sludge entered the villages, they said, calling it a human-made disaster and not a natural calamity. 

The applicants prayed to the tribunal for a direction to the authorities to determine the damage caused to their properties and pay compensation for it. 

A report dated January 5, 2024 has been filed by district magistrate, Gautam Budh Nagar taking the stand that it was a natural calamity and not a human-made disaster. It was also the plea of counsel for the state that applicants have farmhouses and they are not the villagers, and these farm houses have been illegally constructed on the floodplain area of the river.

Sidhwan canal pollution in Punjab

Municipal Corporation, Ludhiana informed the NGT on March 11, 2024 that Sidhwan canal has been cleaned up and garbage has been removed from the canal. However, a petitioner in the case contested the statement, who sought a week’s time to file an objection to the report.

The next listing in the matter has been fixed for May 14, 2024.

The applicant alleged that the Sidhwan canal passing through Ludhiana was heavily polluted as a result of the dumping of plastic bags, polyester clothing waste and other non-biodegradable materials, as well as massive encroachments.

A joint committee constituted by the tribunal, in its report, found dumping of solid waste into the canal water. The report filed by the Municipal Corporation, Ludhiana had failed to give any satisfactory response and had not disclosed any effective steps to remediate the situation.

Netravathi Waterfront Promenade Project violated environmental norms

The NGT directed a joint committee to look into the allegations of norm violations against Netravathi Waterfront Promenade Project in Mangaluru, Karnataka. The joint committee will comprise the representative of member secretary, Central Pollution Control Board; Union ministry of environment, forest and climate change; district magistrate, Dakshina Kannada and representative of the director of the National Centre for Coastal Research.

The committee was told to visit the site, ascertain the true factual position and the extent of violation of environmental norms in the execution of the project and submit the report before the southern zonal bench, Chennai.

The NGT took up the issue suo motu on the basis of the news article, Netravati Waterfront Promenade Project is hurting lives of common people-stakeholders, published on website Mangalorean on January 26, 2024, and a letter sent by the National Environment Care Federation on December 13, 2023 to the government department concerned, highlighting the issues relating to the violation of environmental norms in the execution of the project. 

According to the news article and the letter, environmental violations were allegedly committed during the construction of the Netravathi Waterfront Promenade. A bulldozer was used “within the ecologically sensitive riverbanks of Netravathi, specifically coordinates (12.842127, 74.851319), an area known for the presence of mangroves and trees”. 

The article and letter also alleged that Mangalore Smart City Ltd planned removal of trees and dumping of soil in the intertidal zone to create a 9-metre-wide space for cycle tracks and walk paths for the project. 

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