Governance

Daily Court Digest: Major environment orders (October 17, 2022)

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 17 October 2022
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HP draft development plan illegal: NGT

The bench of justices Adarsh Kumar Goel and Sudhir Agarwal of the National Green Tribunal (NGT) said the draft development plan of Himachal Pradesh is illegal and that "there is no jurisdiction with the state to annul or ignore the order of the Tribunal". The order was passed by the Principal Bench of NGT October 14, 2022.

Yogendra Mohan Sengupta, in his application before the NGT April 20, 2022, challenged the Draft Development Plan 2041 prepared by the state’s town and country planning department on the ground that it is contrary to the sustainable development principle and destructive of environment and public safety. 

The NGT May 12, 2022 said that prima facie the draft development plan was in violation of the orders of the tribunal and issued notice to Himachal Pradesh and an interim injunction was granted against taking further steps in pursuance of the draft plan. 

The state of Himachal Pradesh in its counter affidavit July 20, 2022 said that the orders of the NGT "could be ignored by the state in exercise of its legislative power". 

The stand of the state cannot be upheld and “once the Tribunal has adjudicated upon the matter, no further question remains for going into the merits", the green court  stated October 14, 2022.

Western Ghats eco-sensitive area

A committee headed by the former director-general of forest and special secretary will submit its final recommendations on declaring the Western Ghats an eco-sensitive zone at the earliest. This was stated in the report filed by the Union Ministry of Environment, Forest and Climate Change October 14, 2022 before NGT.

The matter related to taking remedial steps for protection of ecology of Western Ghats and delineate it as an eco-sensitive area.

The committee formed April 18, 2022 by the ministry was tasked with re-examining the suggestions of the six state governments Gujarat, Maharashtra, Goa, Karnataka, Kerala and Tamil Nadu "in a holistic manner, keeping in view the conservation of pristine environment and the rights, needs and developmental aspirations of the area and to submit its recommendations accordingly".

The committee was required to submit its report by May 30, 2022 but requested more time. The Ministry extended the tenure of the committee till June 30, 2023.

The committee conducted site visits in Western Ghats areas of Karnataka and Goa in May 2022 to gather first-hand information. The committee also had discussions with the chief secretaries and the concerned principal secretaries, other departmental heads of the state governments of Kerala and Maharashtra.

Illegal sand mining in Andhra Pradesh

Measures have been taken to stop illegal excavation and transportation of gravel from the hillocks of Bandapalli and Hasanapuram, Ramapuram mandal, Cuddapah district, NGT said citing reports filed by local authorities.

The include erecting caution boards with warning of legal action against any illegal excavation and transportation from the hillock as they are government lands, the court added. 

The tribunal disposed of the application and said no further action is necessary except that the authorities maintain regular vigil in the matter.

Polluting units in Hapur sealed

The Uttar Pradesh Pollution Control Board has issued closure orders to polluting industrial units on Mussoorie Gulawathi road in Hapur district, Uttar Pradesh. An environmental compensation of Rs 52,60,000 has been imposed on such illegal units and their electricity connection has been cut, according to the stated board report ordered by NGT. 

Applicant Salman Miya alleged that illegal acid and chemical factories are operating without license as well as burning e-waste on the open in the area of village Chivra.

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