Daily Court Digest: Major environment orders (April 25, 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 25 April 2019
Representative Photo: Getty Images

Gurgaon has 25 lakh tonnes of legacy waste: NGT informed

The bench of Justice Adarsh Kumar Goel and Justice K Ramakrishnan of the National Green Tribunal (NGT) on April 23 expressed displeasure over the "incapacity, incompetence and unwillingness of the Municipal Corporation of Gurgaon to perform its duty to handle solid waste in a scientific manner”.

The tribunal noted that the case has been pending for the last four years with the local authorities were not performing their job. It directed the chief secretary, Haryana, to take action against officers handling the issue and submit an action taken report.

Applicant Vivek Kamboj had stated that solid waste was being dumped in Aravalli forest, and leachate generated was flowing to the water bodies. A joint committee, formed to determine damages, stated that the landfill site was “unsatisfactory”, with legacy waste of about 25 lakh tonnes.

Further, on a daily basis, mixed waste is being dumped in violation of Solid Waste Management Rules 2016 and the Sanitary Landfill Guidelines; and the waste was often being burnt resulting in air pollution.

Take action against illegal extraction of groundwater at Chittorgarh: NGT

On April 23, the NGT heard an application filed by the Ecosorz Foundation on illegal extraction of groundwater at Rawatbhata, Chittorgarh district in Rajasthan, by water mafia for commercial purpose. A report submitted by the District Magistrate, Chittorgarh, and Rajasthan State Pollution Control Board (RSPCB) states that illegal extraction of groundwater has been found, for which notice has been issued and the matter may be dealt with by the groundwater department.

The NGT said that the RSPCB has ample powers to issue any direction to the industry under the Water Act 1974, and it should take action to recover compensation necessary for restoration of the environment.

Compensation should include NPV: NGT on illegal mining in Pinjore

The NGT on April 23, while hearing the case of illegal mining in Pinjore belt, Haryana, ordered that the compensation recovered must meet the mandate of law. The compensation should not only include the cost of mined material or royalty but must have elements of deterrence so as to recover cost of Net Present Value (NPV) of environmental services forgone and the cost of restoration.  Further, the vehicles involved in illegal mining should be confiscated and released only after recovery of at least 50 per cent of the showroom value of such vehicles.

NGT hears case on illegal mining on Phalgu river

The NGT, on April 23 headed by Justice K Ramakrishnan, directed the District Magistrate and District Mining Officer, Gaya, Bihar, to probe the allegations of illegal mining on Phalgu river in Belagunj and Khizar sarai block. It is alleged that deep excavation of sand beyond the permissible limit has resulted in deaths of many children.

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