Down To Earth brings you the top environmental cases heard in the Supreme Court, the high courts and the National Green Tribunal
National Green Tribunal (NGT) directed notices be issued to West Bengal government, West Bengal Pollution Control Board, urban development and municipal affairs department and Darjeeling Municipality over complaints alleging mismanagement of waste at the garbage dumping site in Amar Jyoti Gram, Darjeeling. The respondents must file responses within four weeks.
NGT also directed the constitution of a fact-finding committee to verify the allegations in the application. The panel comprises members from the West Bengal Pollution Control Board, urban development and municipal affairs department, West Bengal government and district magistrate and collecto for Darjeeling.
After visiting the site, the committee would submit a report within four weeks.
Solid waste is dumped down the hill slope in Darjeeling city and finds its way into the underground water system, causing environmental degradation, the application filed by Subhas Datta on March 18, 2024 alleged.
On January 28, 2024, a fire broke out in the night at the garbage dumping site in Amar Jyoti Gram and a fire brigade team had to be rushed to fight the blaze, which continued burning for at least 15 days, it added.
The applicant sought directions to stop the dumping of solid waste at the slope of the hill to arrest further contamination of the water of the nearby jhoras (waterfalls) and river affecting the health of the people of the area. Datta also sought to ensure steps are taken that no accident of fire takes place at the dumping site of Darjeeling and to immediately take steps to find an alternative solid waste dumping ground in the area.
The NGT, on March 18, 2024, directed the additional chief secretary, forest and wildlife, Rajasthan and principal chief conservator of forest, Rajasthan to look into the allegations of commercial activities within the Nahargarh Wildlife Sanctuary, Jaipur without the sanction of the competent authority and wildlife clearance.
The tribunal further directed that the notification and guidelines issued by the Union ministry of environment, forest and climate change (MoEFCC) and guidelines under the Indian Forest Act, 1927 and the Environment (Protection) Rules, 1986 must be strictly observed. The Nahargarh Sanctuary should be protected from encroachment, it added.
Immediate action must be taken to identify, mark and safeguard the area using pillars and wires, NGT said. Furthermore, an explanation must be sought from the district-level forest department officer and wildlife sanctuary officer regarding their failure to uphold the notification of the protected area. Responsibility for any violations of these regulations must be determined, it added.
If there is any construction present, the district official responsible for overseeing its initiation must be held accountable and appropriate actions should be taken in accordance with the established protocols, the tribunal stated.
The primary purpose of the notification and guidelines is to protect the eco-sensitive zone and wildlife sanctuary, which are required to be implemented and enforced immediately, said the NGT, directing an action-taken report to be filed within two months.
The contention of the inquiry report (enquiry officer) was that the forest officials were not cooperating in protection of the wildlife sanctuary and commercial activities were taking place within the sanctuary without the sanction of the competent authority and wildlife clearance.
The NGT directed a five-member committee to submit an action-taken report over illegal mining and unlawful encroachments in Katli river, Rajasthan.
An application alleged illegal mining and unlawful encroachments in the Katli river (also known as Kantali river), which flows through the Sikar, Jhunjhunu, Neem Ka Thana and Churu districts of Rajasthan.
The Katli river is deteriorating due to unregulated mining activities in the riverbed, the applicant alleged. The deep pits are left in the riverbed due to illegal mining, which stops the water from flowing further into the river, they added. Unauthorised construction along the bank of Katli river also disrupts the natural flow and alters the ecosystem.
At several places, there have been illegal encroachments by the neighbouring farmers using the riverbed for cultivation, hindering the flow of rainwater. The Katli river’s decline has exacerbated water scarcity issues and the loss of groundwater, pushing the community towards unsustainable water sources and practices, the application said.
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