Environment

Daily Court Digest: Major environment orders (March 8, 2024)

Down To Earth brings you the top environmental cases heard in Supreme Court, high courts & National Green Tribunal  

 
By DTE Staff
Published: Monday 11 March 2024

Illegal mining and transportation in the Bandh Baretha Wildlife Sanctuary

The Chief Secretary and Principal Chief Conservator of Forest of Rajasthan and Uttar Pradesh was directed by the National Green Tribunal (NGT) to independently inquire into allegations of illegal mining and transportation stone blocks in the Bandh Baretha Wildlife Sanctuary. It was reported that the activities were being carried out in connivance of local officers. 

The sanctuary is located 45 kilometres from Bharatpur in Rajasthan and 76 km from Fatehpur Sikri, Uttar Pradesh. Illegal mining is causing great damage to the environment as well as the loss of the state exchequer, damaging the road inside the sanctuary, breaking the boundary wall, cutting trees and using diesel generator sets for power supply within the prohibited, regulated area, use of heavy machines, cranes for lifting of mines operated and a huge number of trucks for transportation of the stone blocks.

The court noted that the authorities have confirmed that illegal mining was taking place at large scale without any environmental clearance under the Environment Act, 1986 or consent under the Water Act, 1974 or the Air Act, 1981. Sustainable Sand Mining and Management Guidelines, 2016 were also not being followed. There was an adverse impact on the ecology. No management plan was prepared for replenishment of preventive steps.

The central bench of NGT suggested that the chief secretary and principal chief conservator of forest should nominate two independent departmental higher officers to investigate the matter and take action against defaulting officials and to check and control the illegal mining and to realise the loss which was caused by the mining operators to the state exchequer. Penalty, as provided in the Mines and Minerals (Development and Regulation) Act, 1957, and the environmental compensation, as provided by the Central Pollution Control Board (CPCB) must be assessed and realised from the defaulting units, the order said.

Further, the vehicles that were used or are being used for the transportation of the illegal mining should be confiscated, seized in accordance with law and only be released after payment of penalty / environmental compensation decided by CPCB or NGT in different cases.

Directions were also given to send the copy of the NGT order to the Chief Secretary, Rajasthan, Chief Secretary Uttar Pradesh, Principal Chief Conservator of Forest of Rajasthan and Uttar Pradesh and Member Secretary, Pollution Control Board, Rajasthan and Uttar Pradesh for taking necessary actions according to rules. A further action taken report has to be filed within four weeks and the next hearing of the case was listed for April 22, 2024.

Ashtamudi and Vembanad-kol wetland conservation

Steps have been taken by the authorities for the conservation of Ashtamudi and Vembanad-kol wetland, Kollam. This was stated in the additional report filed by the state of Kerala.

Efforts have been taken by the state to conserve Ashtamudi and Vembanad lakes through collective effort of multi departmental intervention namely local self government department, water resources department, Kerala State Pollution Control Board and State Wetland Authority of Kerala.

The conservation plan consisted of regulatory actions, setting up of waste treatment STP/ETP/FSTP plants, inspection through offline and online mode. An amount of Rs 335.455 crores has been ring fenced to conserve the wetlands. The amount will be used for projects like CSTP in Kureepuzha, Kollam; CSTP in Elamkulam; FSTP in Cherthala among others.

Management of waste in sabji mandi, Ludhiana

The Punjab Pollution Control Board submitted its report on waste management at the sabji mandi (vegetable market), Ludhiana. 

The Punjab Mandi Board was supposed to provide mechanical composter or compost pits for the management of solid waste within two months, but failed to instal the same till date. 

Earlier, the Municipal Corporation, Ludhiana had proposed to instal a compactor at the sabji mandi, according to the district mandi officer, Ludhiana. Land was required to be handed over to the municipal corporation for the same, but it was not accepted. Presently, there is no provision for the processing of the waste on the market premises but a separate waste collection mechanism has been provided.

Assistant engineer, municipal corporation, Ludhiana said the technical consultant of the corporation can help Mandi Board for preparation of a detailed project report for a bio-methanation plant. Health officer, municipal corporation, Ludhiana informed the agency had already imposed a fine of Rs 37,55,000 on the Mandi Board for not making arrangements for waste management.

The applicant, Kapil Dev, told NGT that garbage was burned and dumped illegally into the ground (biodegradable as well as non-biodegradable) after excavation using JCBs.

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