Daily Court Digest: Major environment orders (April 18, 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 18 April 2019
Photo: Getty Images

NGT slams officials for failure to tackle untreated sewage flowing in open drains of Ghaziabad

The National Green Tribunal (NGT) on April 15 was hearing an application filed by Avantika Residents Welfare Association calling for remedial action against untreated sewage being thrown in open drains in Ghaziabad, Uttar Pradesh. An affidavit filed by the Municipal Corporation, Ghaziabad, admits to the fact of untreated sewage flowing in open drains. Further, the Tribunal was informed that on directions of the Commissioner (Meerut Division), the Developer M/s Ansal Housing and Construction Limited was asked to set up a sewage treatment plant (STP), failing which a sum of Rs 1 crore was to be recovered from the said company. Following the Tribunal’s order, a letter was written to the developer to deposit Rs 8.27 crore with the Nagar Nigam to set up an STP. The NGT, now, expressed its displeasure at the “total failure of responsibility by the Uttar Pradesh State Pollution Control Board as well as Municipal Corporation, Ghaziabad”, and said mere issuance of notice is not an end of responsibility when damage to environment is continuing without effective, preventive and punitive action. It directed the Additional Municipal Commissioner, Ghaziabad, to remain present in person and showcause why he should not be proceeded against for failure, unless appropriate further action is taken and report filed before the next date of hearing.

Wood dust, plastic bags, tyres being burned as fuel in Uttam Nagar: NGT hears complaint

The bench of Justice Adarsh Kumar Goel and Justice Raghuvendra S Rathore of the NGT on April 15 ordered the Delhi Pollution Control Committee (DPCC) to furnish a factual and action taken report on use of wood dust, plastic bags and tyres/tubes as fuel in a locality in Uttam Nagar. It has been alleged that this is causing pollution and no action is being taken in spite of representations to the authorities, and relevant orders requiring closing of industrial activity in nonconforming areas in violation of the Master Plan.

Delhi High Court allows Human Embryonic Stem Cell Therapy, but with conditions

The Delhi High Court (HC) on April 15 allowed Aditya Bhatia (petitioner) to avail Human Embryonic Stem Cell Therapy being provided by Nutech Mediworld, subject to the clinic in question submitting all the information about the treatment being afforded to the petitioner to the Central Drugs Standard Control Organisation (CDSO). The authority concerned shall examine whether the said treatment or the products being administered to the petitioner, fall within the scope of the expression ‘New Drugs’ as defined under Rule 2(1)(w) of New Drugs and Clinical Trials Rules, 2019, and communicate its view to the petitioner and the said clinic.

The petitioner had submitted before the HC that he is suffering from Facioscapulohumeral Muscular Dystrophy (FSHD), and there is no other cure for the said condition. In these circumstances, he had approached Nutech Mediworld knowing fully well that the therapy may not be a recognised therapy, and the products being administered may not have the approval of the authority concerned.

Illegal chemical factory polluting groundwater in Firozabad

The NGT on April 16 directed the District Magistrate, Firozabad, to furnish a factual and action taken report within two months on a chemical factory alleged to be operating illegally at Shikohabad Industrial area in Firozabad, Uttar Pradesh, without a No Objection Certificate (NOC) and discharging effluents contaminating ground water.

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