Daily Court Digest: Major environment orders (August 16, 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: Friday 16 August 2019

Green clearance must for river linking

The National Green Tribunal on August 13, 2019 disposed of the application against Godavari-Krishana-Penna river-linking project, which was allegedly initiated without clearance from the Central Water Commission (CWC) and the Union Ministry of Environment, Forest and Climate Change (MoEF&CC).

The tribunal had asked for a report from a joint committee comprising Andhra Pradesh Pollution Control Board (PCB) and MoEF&CC. The report said the clearance was required according to an environmetal impact assessment notification, 2006, and consent to establish was required under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981.

In its May 30, 2019 order, the tribunal had asked the Andhra Pradesh government to not proceed with the project till an EC, consent to establish and consent to operate has been granted.

Stock of banned fish seized

The NGT on August 13, 2019 dismissed the case filed by Pune fishermen against the Hadaspur branch of the fishery department for seizing their fish stocks. The department’s assistant commissioner had ordered the fishermen to destroy their stock of Mangur Fish (Clarius gariepinus), which is banned in India. On finding that the banned fish was still being bred, the stock was seized on May 6, 2019.

The same order was repeated on June 27, 2019.

Waste dumping in Neela Hauz lake

The tribunal ordered the Delhi Development Authority (DDA) on August 13, 2019 to undertake remedial measures against waste dumping in Neela Hauz Lake, Delhi.

“Commuters passing through Aruna Asif Ali Marg Road bridge over the lake are dumping plastic bags, bottles, glass framed photographs, polythene bags and other waste including bio-medical waste,” read the report furnished by the DDA, which had requested the Public Works Department to fix iron meshes, create vertical gardens and issue a no-objection certificate (NOC). The NGT asked the DDA to not wait for the public works department and do it themselves.

Diesel generators at Indirapuram schools 

The NGT asked the Ghaziabad Development Authority and the Uttar Pradesh PCB on August 13, 2019 to submit a report regarding the alleged use of diesel generator sets by Presidium School and Indirapuram Habitat Centre.

This leads to air and noise pollution and violates Air Act 1981. Also, the schools allegedly store diesel in painting drums and keep them in the open.

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