Environment

Daily Court Digest: Major environment orders (September 26, 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: Wednesday 27 September 2023
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40% of posts vacant in UPPCB

The National Green Tribunal (NGT) issued a notice to the Uttar Pradesh Pollution Control Board (UPPCB) for leaving nearly 40 per cent of its posts vacant.

The tribunal was hearing a petition which stated 293 of the 732 sanctioned posts — or 40 per cent — are lying vacant. This has been affecting the functioning of the UPPCB.

“The functioning of UPPCB has a direct effect on the implementation of environmental laws,” NGT said on September 22, 2023. The next hearing has been listed for December 14, 2023.

Industrial waste discharge 

The NGT sought explanations from the Himachal Pradesh Pollution Control Board (HPPCB) on September 25 regarding the Nalagarh-based pharmaceutical unit Acme Formulation Ltd discharging industrial waste in open spaces.

The unit has been flouting environmental laws, alleged a petitioner. The applicant also pointed out the illegal extension of the unit at Chowkiwala, Nalagarh.

The tribunal, vide an order dated March 16, 2023, formed a joint committee to submit an action-taken report on the matter. The committee, in its report submitted on June 8, 2023, said no wastewater discharge was observed in the adjoining areas of the unit.

The committee, however, pointed out some anomalies. Both the consent to operate and consent to establish mandated disposal of the treated water by way of irrigation/gardening.

After taking the report into consideration, the NGT directed the presence of the Environmental Engineer of HPPCB during the next hearing on December 15 to explain the anomalies pointed out in the joint committee report.

Illegal mining

The NGT ordered the constitution of a joint committee on September 25 to look into the allegations of illegal mining in the Doon Assembly segment. The committee will comprise the member secretary of the Uttarakhand Pollution Control Board, the secretary of the Central Pollution Control Board and the district magistrate of Dehradun. The district magistrate will act as a nodal agency.

The Committee will visit the site and submit an action taken report relating to the violation of environmental laws as well as the remedial measures. The report needs to be submitted within eight weeks, the tribunal added.

The NGT took up the matter suo motu on the basis of a news item that appeared in Dainik Tribune. Illegal mining has damaged the road networks and electricity infrastructures at Handakundi village in Suner Panchayat of the Doon assembly segment, the report alleged.

The village, located along the Sirsa river, has allegedly become a hotbed for illegal mining, affecting the day-to-day lives of villagers. Water pipes and electricity poles and link roads here are damaged.

These mining operations are in violation of the Doon Valley Notification issued on February 1, 1989, under the Environment Protection Act of 1986. The notification restricts industries, mining operations and other developmental activities in the Doon Valley.

According to the said notification, approval from the Ministry of Environment, Forest and Climate Change is required for starting any mining activity.

The issues noted above involve substantial questions relating to the environment and violation of environmental laws, especially the Doon Valley Notification dated February 1, 1989, the tribunal noted.

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