Governance

Daily Court Digest: Major environment orders (May 5, 2023)

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: Monday 08 May 2023
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Bihar to pay fine of Rs 4,000 crore over mismanagement of waste 

The National Green Tribunal (NGT), May 5, 2023 imposed an environmental compensation of Rs 4,000 crore on the Bihar government for failing to manage solid and liquid waste scientifically. 

The amount should be kept in a ring-fenced account within two months to be operated as per directions of the chief secretary only for waste management (liquid and solid) in the state, the NGT directed. 

The amount will be utilised for setting up solid waste processing facilities, remediation of legacy waste and setting up sewage and faecal sludge treatment plants so that there remains no gap, the order said.

The NGT went through a presentation by chief secretary, Bihar and opined there are gaps in the generation and processing of waste to the detriment of the environment and public health. Data is incomplete as the legacy waste figure is only for 26 dump sites.

The gap in sewage management is more than 2,000 million litres per day.

“The state is held liable to pay compensation of Rs 4,000 crore. This is in addition to the liability for failure to manage solid waste for which we are not levying any compensation for the time being,” the order said.

The water quality of river Ganga is monitored at 33 locations. Data maintained by the Central Pollution Control Board and Bihar State Pollution Control Board showed that water from all locations was not fit fit for bathing and had a high magnitude of fecal coliform bacteria. 

Therefore, sewage should be prevented from being discharged into Ganga or its tributaries, the court said. 

The bench of Justice Adarsh Kumar Goel and Justice Sudhir Agarwal said they hoped the Bihar government will take further measures in the matter through an innovative approach and stringent monitoring.

It can do so by “ensuring that legacy waste to the extent or more than 1.17 million tonnes as well as unprocessed urban waste of 4,072 TPD and gap in liquid waste generation and treatment, which is 2,193 MLD, is bridged at the earliest,” the order added. 

The tribunal suggested shortening the proposed timelines and adopting alternative or interim measures to the extent and wherever found viable. 

Road laid on the inner side of K R Puram lake, Bengaluru

A road has been constructed and pipelines laid on the inner side of the K R Puram lake, also known as Vengaiahnakere, in Bengaluru east taluk, Bengaluru urban district, stated an inspection report by the Karnataka government’s minor irrigation department to the NGT. 

While conducting the spot inspection, the department observed a bund along the lake’s periphery on which the road was constructed.

Some pipelines were laid on the outskirts of the peripheral bund. The pipelines could be for Bangalore Water Supply and Sewerage Board to handle sewage or a connecting secondary treated water pipeline, the department told the NGT. 

It was observed during the spot inspection and upon enquiry that the department concerned performs the periodic cleaning of debris on a time-to-time basis.

The municipal corporation Bruhat Bengaluru Mahanagara Palike (BBMP) has also informed the tribunal a detailed project report is being prepared for the rejuvenation of the lake. 

The report was in compliance with an NGT order issued January 24, 2023. 

An application was filed alleging the dumping of waste and discharge of untreated sewage into the K R Puram lake. In addition, construction activities included a road and pipelines being laid, the complaint to the NGT said. 

Sewage entering K R Puram lake, Bengaluru

Untreated sewage from the upstream area is flowing into a stormwater drain and reaching K R Puram lake and Sonnathammanahalli village, Bengaluru urban district, Karnataka, an application in the NGT stated.

The BBMP lakes authorities have not completed the rejuvenation work of the lake, even though the order was issued on December 8, 2022. Also, BBMP has not yet fenced the entire lake completely, the application further alleged. 

KSPCB is also conducting routine inspections in the catchment area of Vengaiahnakere or K R Puram lake to identify and initiate action against the defaulters who are discharging sewage with/without treatment.

Notices have been issued to 13 apartments according to the action taken report of the Karnataka State Pollution Control Board to the NGT, May 3, 2023. 

The BWSSB authorities should quantify the sewage generated in the Hebbal valley till downstream of Varthur lake as there are a series of lakes and most of the newly added 110 villages exist in that stretch, the report added. 

Without “quantifying the sewage generation and submission of the action plan by BWSSB to plug the sewage entry into the lakes/water bodies, entry of sewage into the lake cannot be stopped,” said the report.

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