Daily Court Digest: Major environment hearings of April 11, 2019

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: Thursday 11 April 2019

This is a roundup of the hearings uploaded on April 11

SC gives thermal power plants a breather

The Supreme Court of India on April 8 gave some more time to the thermal power plants to implement the December 2015 standards which were to be put into practice by December, 2017. The Solicitor General, ANS Nadkarni informed the Apex Court that a new technology is being tested which is reported to be in the last phase and prayed for grant of time to report the outcome of the same and whether it can be adopted by the thermal power plants. The SC gives time till second week of July, 2019.

Allegation of Chhat Pooja in Rabindra Sarabor Lake to be probed: NGT

The National Green Tribunal (NGT) on April 9 heard the application filed by Calcutta Citizen’s Initiative which had alleged violation of the Tribunal's orders in respect of prohibition of the festival of Chhat Pooja in Rabindra Sarabor Lake, Kolkata, West Bengal. Justice K Ramakrishnan directs a team to be constituted consisting of the Chief Secretary of West Bengal, Senior Officer from the Department of Environment, West Bengal, CEO, Kolkata Metropolitan Development Area, Commissioner of Police and District Magistrate to probe the matter and submit a report within two months.

NGT directs industries not meeting pollution norms to be closed in Taloja, Mumbai

The two member bench of Justice Adarsh Kumar Goel and Justice K Ramakrishnan of NGT on April 9 directed Maharashtra Pollution Control Board (MPCB) to forthwith suspend the Consent to Operate to the industries in the Taloja industrial area on the outskirts of Mumbai which are not meeting the pollution norms. Further they would be permitted to operate only after remedial steps are taken. The Court was hearing the application filed by Arvind Pundalik Mhatre that inspite of repeated directions, CETP is not functioning and the industrial effluents are discharged into river Kasardi.

Counsel for the Taloja CETP Co-operative Society Limited informed NGT that out of Rs 10 crores (Environmental Compensation) a sum of Rs 6.1 crore has been collected and deposited with the DM. The remaining amount may be collected and deposited with the District Magistrate by MIDC. The amount may be spent on restoration of damage to the environment by furnishing an action plan to the Monitoring Committee.

Proposed construction on Sabik Kisam forest land to be looked into:  NGT

The NGT on April 9 heard an application which alleged that there is a proposal to construct a gram panchayat building in Golabandha Village under Barkote Tehsil in Deogarh District of Odisha on Sabik Kisam Bad Jungle, covering an area of 1.080 acres without any prior approval from Central Government as required under Forest Conservation Act 1980.

NGT directs that no construction activity be undertaken in that area without getting necessary permission from the concerned authorities as provided under the Forest Conservation Act, 1980. Meanwhile the Divisional Forest Officer and the District Collector have been asked to conduct a joint inspection of the area and find out whether this comes under the forest as defined by the Supreme Court in TN Godavarman Thirumulpad vs Union of India case.

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