Down To Earth brings you the top environmental cases heard in the Supreme Court, the high courts and the National Green Tribunal
More measures are required from the authorities to stop the discharge of untreated sewage in Pamari drain in Tundla Nagar Palika, Firozabad district, Uttar Pradesh, the National Green Tribunal (NGT) said on August 29, 2023.
The court directed the authorities to take appropriate remedial action in accordance with environmental laws and directions issued by the NGT within two months and file action-taken reports on or before November 5, 2023.
The replies filed before the NGT were “materially deficient”, it said.
The Nagar Palika had constructed a permanent rooftop slab over the Pamari drain, said a report by the joint committee looking into the issue. It had also constructed toilets over it and provided a septic tank and soak pit separately.
The toilets constructed over the drain have been removed, but “there is no mention as to whether the rooftop slabs have also been removed or not”, the panel told the NGT.
During the inspection, the committee also noticed that domestic sewage is discharged into the Pamari drain, which travels around 12 kilometres. On the way, the sewage-mixed waste water from the drain is used by the local farmers, who temporarily stopped the flow of water.
There is no waste water or sewage flowing into the drain and there is no direct discharge into the Yamuna, the panel report further said.
However, the replies by the authorities admitted that the water from the drain may meet river Yamuna during the monsoon season on account of rains.
The NGT pointed out that the replies filed by the authorities do not mention what steps have been taken for treating the same before its discharge in other waterbodies or steps taken for the management of solid waste.
Justice Arun Kumar Tyagi of the NGT directed a joint committee to be constituted to verify the factual position on restaurants operating in Hauz Khas violating environmental norms and take appropriate remedial action.
The committee will comprise of sub-divisional magistrate (SDM), Hauz Khas and representatives of Delhi Pollution Control Committee (DPCC) and Municipal Corporation of Delhi (MCD).
The committee has been entrusted to undertake visits to the area, look into the grievances of the applicant, verify the factual position regarding restaurants operating in the area and compliance with environmental norms.
The panel will look into violations of the Noise Pollution (Regulation and Control) Rules, 2000 and the directions issued by the Supreme Court and the NGT on the issue.
It will also be tasked with overseeing appropriate corrective action by following due process of law and providing project proponents with the opportunity to be heard, according to the NGT order. The joint committee is required to submit an action-taken report within two months.
The applicant, a resident of Hauz Khas village, in her application said some restaurants, bars, pubs and cafes have also been running live music events on open rooftops, using loudspeakers and other sound equipment, without seeking any permission from the authorities concerned .
An action-taken report filed by the SDM, Hauz Khas mentioned that environmental compensation of Rs 10,000 has been imposed on the restaurants violating environmental norms, particularly the Noise Pollution (Regulation and Control) Rules, 2000.
“However, the environmental compensation imposed and the remedial measures taken appear to be inadequate to the magnitude of the alleged environmental pollution and injury to the local residents caused,” the NGT noted.
The NGT on August 31, 2023 directed the Cuttack collector to file a compliance report on the status of the Sukapaika river drainage channel rejuvenation project. The compliance report is due in four weeks and the case would be next heard on September 27, 2023.
Swarup Kumar Rath, the original applicant, claimed that some people had closed the mouth of the Sukapaika river, a branch of the Mahanadi river in Odisha. This obstructed the free flow of Sukapaika's perennial water source by forming a dry island, which led to land grabbers encroaching on the river bed.
Rath also claimed that encroachers were illegally collecting sand and that the entire bed had become a dumping ground for garbage and solid and liquid waste, polluting the entire area.
On September 28, 2022, the NGT directed state authorities that if the proposed budgetary allocation of Rs 4,967.13 lakhs for rejuvenation of Sukapaika drainage channel was not made by the government, it should be allocated within one month.
The authorities were also directed to complete the entire project for rejuvenation of Sukapaika river drainage channel by March 13, 2023 and file an affidavit of compliance. However, till date no compliance report has been filed by the state authorities.
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