Daily Court Digest: Major environment orders (March 28, 2024)

Take immediate action to dispose of 337 tonnes of chemical waste at Union Carbide campus: NGT

The National Green Tribunal (NGT) has reprimanded authorities for their lack of action in disposing of the 337 tonnes of chemical waste lying at the Union Carbide campus in Bhopal, Madhya Pradesh. 

“It is known fact that the chemical waste where it is accumulated is creating leachate and further contaminating the surface water, underground water, and during the rainy seasons, flowing to other places, thus contaminating the water of the river bodies,” said the court.

The bench of Justice Sheo Kumar Singh said the matter was not taken seriously by the authorities concerned. “The director for gas relief and rehabilitation is sitting with the files and not assessing the environmental harm to the environment and the people. It is affecting the underground water, surface water or water that is being used through rivers by the civilians,” said the court.

The NGT noted that immediate actions were required by higher authorities. As the Supreme Court of India has already constituted a committee to monitor all aspects of the matter, the NGT directed the committee to further process the issue. This was to ensure that the residents are not heavily affected by the use of contaminated water or by the reaction of the chemical waste, which amounts to more than 337 tonnes.

Given the technical nature of the matter, the court stated that there is a need for technical assistance from two individuals, including an expert nominated by the director of the Central Pollution Control Board, Bhopal and Alok Saxena, Sscientist at the Madhya Pradesh Pollution Control Board (MPPCB).

The NGT directed immediate action to be taken by the authorities concerned on the following points:

• Disposal of chemical waste, which is approximately 337 tonnes and is lying in the Union Carbide campus
• Contamination of groundwater
• Shortage of piped water
• Status of the nitrate concentrations exceeding the maximum permissible limits and remedial measures required
• Status of chloride contamination in comparison to reports submitted in 2011 and the present study and the present status; sodium and Potassium concentrations exceeding the WHO limits
• Iron concentrations exceeded the Bureau of Indian Standards permissible limit in seven places
• The Union Carbide India Ltd surrounding area was partially affected by manganese pollution.

The secretary for environment and member secretary, MPPCB was directed to take further necessary actions. The principal secretary was told to get a report from a competent expert body for remedial actions and to take necessary action according to rules. A factual and action-taken report is to be submitted within three weeks. The next hearing of the case will be held on July 9, 2024.

Joint committee to look into sand mining leases in submerged areas in Harda, Madhya Pradesh

A joint committee was directed by the NGT, March 20, 2024 to look into the allegations of auctioning of sand mining leases in submerged areas of Harda district, Madhya Pradesh — a clear violation of Madhya Pradesh Sand (Mining, Transportation, Storage and Trading) Rule, 2019.

The committee was asked to submit the factual and action taken report within six weeks.

The NGT directed notice to be issued to the respondents, which included the Centre through the Union Ministry of Environment, Forest and Climate Change; Madhya Pradesh State Environment Impact Assessment Authority; Mineral Resource Department and director of geology and mines, among others. 

All the respondents were told to submit their reply and counter affidavit before the next date of listing, July 9, 2024.

There was no identification or location of the sand mines and no district survey report was prepared to assess the environmental impact, said the complaint filed before the NGT by Prabhat Mohan Pandey.

Illegal mining in eco-sensitive zone of Orchha Wildlife Sanctuary

A two-member joint committee was directed by the central bench of the NGT to look into the complaint of illegal operation of stone crushers and mining quarries in Niwari district, Madhya Pradesh. The committee would comprise one representative each from the collector for Niwari district and MPPCB. The committee was directed to submit a factual and action-taken report within six weeks.

The applicant said the area was an eco-sensitive zone and was declared as Orchha Wildlife Sanctuary on January 2, 2018. The operation of the units threatens the existence of rich flora and fauna, as well as adversely affecting the health of people and fauna of the region. 

Further, the continuous operation of the mining units is in blatant violation of the Forest Conservation Act, 1980; Madhya Pradesh Minor Mineral Rules, 1996; Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981, it added. It also alleged that one of the miners has constructed a temporary bridge upon a nullah and this has obstructed its flow.

Governance India