Governance

Daily Court Digest: Major environment orders (September 5, 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 05 September 2022
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Kane Wildlife Sanctuary

The National Green Tribunal (NGT) September 2, 2022, admitted an appeal filed against the proposed Siji District Headquarters of Lower Siang district, Arunachal Pradesh.

The application, filed before the NGT July 20, 2022, noted that the proposed district headquarters shares its boundary with the Kane Wildlife Sanctuary (KWS) and its eco-sensitive zone. The area is rich in biodiversity and home to various flora and fauna and also an elephant corridor around Siji, Magi and Kane. 

The applicant said the Siji district headquarters was proposed to be an extension of the Likabali township, located in Likabali tehsil and comprising an approximate area of 414 hectares surrounded by KWS and other dense forest areas. The proposed location is surrounded to the north by hills; to the south by the Siji river; in the east by the Bokso stream and in the west by the Sui river.

The court, September 2, 2022 said the matter required consideration.

The respondents in the case are:

  • Union Ministry of Environment, Forest and Climate Change (MoEF&CC)
  • Divisional forest officer of the Likabali forest division
  • National Board for Wildlife
  • State Environmental Impact Assessment Authority
  • Deputy commissioner, Lower Siang
  • District land revenue and settlement officer
  • Union Ministry of Home
  • Department of Environment Forests and Climate Change, Arunachal Pradesh
  • Arunachal Pradesh State Pollution Control Board

The respondents have to file their counter affidavits within three weeks. The court has listed the matter for September 30.

Bargarh solid waste  

The NGT September 2 directed the constitution of a joint committee to file an inspection report on the amount of garbage generated in Bargarh municipality, Odisha and the amount of garbage being treated.

The committee shall also state the quantity of legacy waste and its treatment through the process of bio-mining. It shall also submit its report with regard to compliance of the Solid Waste Management Rules, 2016. This included the Plastic Waste Management Rules, 2016 and Bio-Medical Waste Management Rules, 2016.

The committee shall also submit its report with regard to the establishment of sewage treatment plants / faecal sludge treatment plants for the immediate remediation of the waste.

The committee was also directed to submit the water analysis report of the local Jeera river.

The NGT order said if environmental violation was found, the Bargarh municipality shall also be liable for payment of a Rs 100,000 penalty per month, which will be with effect from April 1, 2020, in pursuance of the directions of the Principal Bench, NGT dated July 12, 2019 

Latehar coal mine project 

The NGT directed the Jharkhand State Pollution Control Board September 1 to submit its rejoinder affidavit on the points raised in an application against the tubed coal mine project of 6 million tonnes per annum in Latehar district, to be run by the Damodar Valley Corporation.

The appellant had stated that the green field mining was close to the tiger corridor to the Palamu Tiger Reserve. Also, an additional road was being constructed for transportation of coal and contour maps were not provided during preparation of the environment impact assessment (EIA) report by the unit.

Green buildings

The MoEF&CC said September 5 it was not involved in certification of green buildings.

However, in respect of building and construction projects, it carried out the environmental appraisal through its sectoral Environmental Expert Committee. It also issued environmental clearances according to the provisions of the EIA Notification, 2006, as amended for buildings and construction projects having a built-up area of greater than 20,000 square metres and less than 150,000 square metres.

The ministry was replying in compliance of the NGT order dated July 12, 2022.

An applicant had filed a application before the NGT, seeking regulation of India’s green buildings rating industry and bringing the rating system under public scrutiny. The application had also sought to prohibit the distribution of public benefits by municipalities and governments based on ratings issued by non-regulated certification bodies.

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