Down To Earth brings you the top environmental cases heard in the Supreme Court, the high courts and the National Green Tribunal
The National Green Tribunal (NGT) on March 19, 2024 directed the constitution of a joint committee, that was tasked with filing a report of landfill sites in central Mumbai, Pune and Kalyan in Maharashtra, Ahmedabad and Surat in Gujarat, Barmer, Jaisalmer, Taranagar and Chirawa in Rajasthan and Nazira, Dibrugarh and Tinsukia in Assam.
The committee comprises a senior officer to be nominated by the member secretary of Central Pollution Control Board (CPCB); regional officers concerned with respective state pollution control boards; a representative of Indian Space Research Organisation (ISRO) to be nominated by the director; and a senior scientist nominated by the Union ministry of environment, forest and climate change (MoEFCC).
The committee will collect relevant factual information, if necessary, visit the sites and submit a factual report particularly relating to compliance of such sites with Schedule I of Solid Waste Management Rules, 2016 (MSW Rules, 2016) and remedial measures taken under paragraph (F) of the said Schedule within three months.
The report must also give the status of the authorisation granted by SPCBs, accumulation of waste in quantified terms on sites in question and ambient air quality monitoring data around these sites as per MSW Rules, 2016. The committee should also indicate mitigation measures taken for reduction in organic emissions, including methane from Oil and Natural Gas Corporation sites separating them from landfill sites as the case may be.
The court also directed the MoEFCC, CPCB, Maharashtra Pollution Control Board, Gujarat Pollution Control Board and Rajasthan State Pollution Control Board, among others, to be impleaded as respondent in the matter.
The next hearing of the case will be held on July 5, 2024.
The application was registered suo-motu on the basis of an article titled Ahmedabad Surat landfills among worst three methane hotspots in India, published in newspaper The Times of India, February 7, 2024.
The article highlighted the principal emission of high-level methane gas from landfill sites at Ahmedabad and Surat, based on a study conducted by ISRO. Also, the news item contained a chart in respect to certain cities in Maharashtra, Gujarat, Rajasthan and Assam, giving details of landfill sites there and average emission of methane from those sites, causing huge pollution.
The news item gave rise to substantial questions relating to environment due to implementation of Scheduled Enactments under NGT Act, 2010 and the issue is not just confined to four states, but it appears to be a pan-India problem, NGT opined.
The handling, management and disposal of solid and liquid waste in the state of Assam were very poor, NGT said on March 19. In respect of sewage management, it was almost at the nascent stage, as no sewage was being treated at all, with the gap being 100 per cent.
The matter was last considered on January 27, 2023, wherein a report by Assam stated it was processing 532 tonnes per day (TPD) of waste and the gap in generation and processing was 752 TPD. This gap (752 TPD) is being disposed of in landfills.
The report also stated the state had 3.29 million tonnes of legacy waste, was generating 435.35 million litres of sewage a day and the utilisation of treatment capacity was nil.
On March 19, after going through the latest reports by Assam, NGT found the gap in generation and processing was still 752 TPD. However, 3.29 million tonnes of legacy waste has been reduced by 796,000 tonnes, which has been remediated.
The report omitted that the 752 TPD gap in the last 14 months must have resulted in generation of more than 400,000 tonnes of further legacy waste on account of unprocessed waste, NGT pointed out. “Therefore, remediation of 7.96 lakhs metric tonne does not represent a correct picture since further creation of legacy waste quantity has not been taken into consideration,” it said.
The report indicated that progress is being made in solid and liquid waste management, but the situation remains largely unchanged from January 27, 2023. “There is no noticeable/appreciable improvement whatsoever,” NGT said.
With regard to sewage management, the gap remains the same — 435.5 MLD — as it was on the last occasion, the court added.
When the court pointed out the deficiencies to the Assam government representative, the authority sought further time to file a detailed report.
The NGT also wanted to know in what manner legacy waste has been remediated and disposed of, particularly with regard to the utilisation of stabilised material and the residues / rejects arising out of the biomining process.
Similarly, no details have been provided on the setting up of sewage treatment facilities and the utilisation of treated sewage with city and town-wise details. The court also found from the record that the direction of creation of a ring-fenced account of Rs 1,043 crores has not been complied with so far.
The NGT directed the chief secretary, Assam to file a further progress report as on August 31, 2024 by September 15, 2024.
The NGT on March 21, 2024 directed Directorate General of Civil Aviation (DGCA) to issue circulars requesting all the airports concerned and airlines operating to take effective steps for mitigating noise level so as to comply with a June 18, 2018 notification.
The DGCA was directed to issue requisite circulars and also by appending a copy of the judgment to all the concerned airports and also airlines operating at such airports, within three months.
The court also suggested that MoEFCC, in consultation with the concerned Union ministries of urban development and aviation, and also in consultation with the respective state governments and concerned departments, should make provisions to protect the future development of airports.
People involuntarily face noise pollution due to the construction of residential and / or commercial buildings near the new airports that are under construction / development, the court said.
Delhi International Airport Ltd informed the court that it had issued circulars to all the airlines operating at Indira Gandhi International Airport (IGI) and ATC Palam, requesting them to follow the best practices on noise mitigation measures and adopt the latest fleets, technologies and procedures to make aircraft operations quieter while ensuring a safe and efficient operational environment. However, it is applicable to airports under management of Delhi International Airport.
However, no similar circulars and directions have been issued by Airports Authority of India (AAI) in respect of the airports being maintained by it and the airlines operating at such airports.
The court suggested that AAI should also issue similar directions to all airports maintained by it and also the concerned airlines which are operating at such airports. This exercise should be undertaken by AAI within two months from the judgment, said NGT.
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