Court digest: Major environment hearings of the week (July 1-5)

Down To Earth brings you the top environmental cases heard in the Supreme Court, the high courts and the National Green Tribunal through the week

By DTE Staff
Last Updated: Sunday 07 July 2019

Nagapattinam collector fined in Cauvery, Mayiladuthurai rivers’ encroachment case

The NGT ordered Nagapattinam’s district collector to pay a fine of Rs 50,000 for dereliction of duty in Cauvery and Mayiladuthurai encroachment case on July 1, 2019. The

The tribunal had earlier directed the district collector to submit a report within two months on the encroachments and it was told the site inspection was done, but the report was pending. The NGT took the step the applicant’s counsel said no site visit had taken place. The NGT has also warned the collector that any failure to take appropriate steps in the matter would lead to another penalty of Rs 1 lakh.

NGT directs Gujarat to deposit Rs 75 crore to clean Ahmedabad landfill

The National Green Tribunal (NGT) on July 2, 2019 directed Gujarat to transfer a sum of Rs 75 crore to an Escrow account to tackle the issue of air pollution in Ahmedabad. The issue of Pirana landfill site came to the fore as smoke continuously emanates from the municipal solid waste dump site due to landfill fires. The NGT was told that Pirana landfill was a huge source of pollution and should be dealt with as legacy waste according to the Solid Waste Management Rules, 2016.

Delhi HC sets aside Kaveri Seeds KMH-50 registration under the Plant Act 2001

Registration of a variety of maize under the Protection of Plant Varieties and Farmers’ Rights Act, 2001 came up for hearing before the High Court of Delhi on July 1, 2019. The case involved Pioneer Overseas Corporation and Kaveri Seeds Limited, wherein Pioneer had objected to the acceptance of Kaveri’s application for registration of a variety of maize, referred to as KMH-50 under the Protection of Plant Varieties and Farmers’ Rights Act, 2001, claiming that KMH-50 is identical to its variety of maize referred to as 30V92. Pioneer has also filed an application for registration of 30V92 under the Act.

The High Court while setting aside the orders confirming Kaveri's KMH-50 to be eligible for registration under the Plant Varieties Act 2001, also restored Pioneer’s application for conducting the special test in the nature of DNA profiling of the variety 30V92 and KMH-50 to the file of the Registrar, Protection of Plant Varieties and Farmers’ Rights Authority for considering it afresh, if necessary.

Two power plants in Jhajjar asked to submit status of fly ash disposal

M/s NTPC Aravali Power Co (P) Ltd and M/s Jhajjar Power Ltd have been asked to submit reports mentioning the current status of their disposal and management of fly ash within one month by the National Green Tribunal (NGT) on July 1, 2019.

The tribunal was responding to a complaint filed by a resident of Jhajjar, who said was suffering from tuberculosis due to the pollution caused by the two plants.

The Chief Medical Officer of Jhajjar district also has to submit a report on the health impact of fly ash in the area within a month. The Haryana State Pollution Control Board has been directed to submit a report on the status of air quality and stack monitoring in respect of the two power plants.

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