Environment

Daily Court Digest: Major environment orders (March 27, 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 27 March 2024

NGT directs Manipur to reply to complaints of tree felling, encroachment in Zeilad Wildlife Sanctuary

The state of Manipur was directed by the National Green Tribunal (NGT) March 20, 2024 to file its reply on the allegations of large-scale felling of trees and encroachment in the Zeilad Wildlife Sanctuary located in the eastern state’s Tamenglong district. 

In addition, the directorate of environment and climate change; divisional forest officer, Tamenglong forest division and deputy commissioner, Tamenglong were also asked to file their counter affidavits within four weeks.

The next hearing will be on April 29, 2024.

The applicant, Mathew Gonmei, a resident of Zeiladjang village, said in his application to the NGT that there was exploitation of forest produce by traders and poachers, which has posed a threat to the survival of the sanctuary. There is also an allegation of burnt cultivation.

It was also stated that it is not possible to take conservation steps by the state of Manipur under the relevant sections of the Wildlife (Protection) Act, 1972, if the process of Section 25 and 26 of the Act, 1972, already pending, is not completed.

The applicant had also submitted a representation dated January 3, 2024 before the principal chief conservator of forests (wildlife), chief wildlife warden, Manipur, Imphal, alleging that the boundary of the sanctuary is not specified. As a result, uncontrolled tree felling is going on continuously.

Due to lack of conservation, the applicant alleged, not only deforestation has occurred in some areas but lakes have also dried up and become polluted. The Napsemzei lake is an example of a polluted lake, Gonmei added. 

Extraction of sand without valid EC, CTO and mining plan in Dhamnagar tehsil, Bhadrak district: Committee constituted

The eastern bench of NGT directed the constitution of a fact-finding committee to look into allegations of sand being illegally extracted without valid environment clearance, consent to operate (CTO) and mining plan in Dhamnagar tehsil, Bhadrak district, Odisha. The committee will inspect the site in question and submit its report within four weeks with respect to the allegations made.

The court also directed notices to be issued to the Odisha State Pollution Control Board; State Environment Impact Assessment Authority (SEIAA), Odisha; Central Pollution Control Board and others.

According to the application filed before NGT, sand lifting is taking place outside the lease area in Uteipur-2 sand quarry in Uteipur Mouza of Dhamnagar tehsil. Machines (excavators) are used when permission is only for manual mining. In addition, excess mining is taking place beyond the permissible limit, the applicant added. Mining is taking place day and night and beyond the designated lease area, as well as during the monsoon season when the activity is banned, they noted.

Filling up of pond in Uchheypota village, South 24 Parganas

The eastern bench of NGT directed constitution of a fact-finding committee to enquire into the allegations of filling up of a pond in Uchheypota village in the South 24 Parganas district of West Bengal.

The committee will comprise a senior scientist from the West Bengal Pollution Control Board and district collector and Magistrate, South 24 Parganas. The committee will visit the sites in question and conduct inspections with respect to allegations made and submit its report on affidavit within four weeks.

NGT directed impleading principal secretary, department of environment, West Bengal; member secretary, West Bengal Pollution Control Board; collector and district magistrate, South 24 Parganas as well as two individuals alleged to be filling up the pond. All the respondents have been directed to file their counter-affidavits within four weeks.

According to the complaint, the pond was being filled up with soil using dumpers and buildings and boundary walls were being constructed.

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