Daily Court Digest: Major environment orders (August 21, 2023)

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: Tuesday 22 August 2023

State has power to frame rules on minerals

The Mines and Minerals (Regulation and Development) Act of 1957 gives complete authority to regulate the transportation of minerals to the state government, whether intra-state or inter-state, ruled Allahabad High Court on August 18, 2023.

The High Court said the state government can frame rules under Section 15-1 of the Mines and Minerals (Development and Regulation) Act.

The court was responding to a petition challenging the 48th Amendment in Uttar Pradesh Minor Minerals (Concession) Rules, 1963, among others. With the amendment, the state government reserved the power to impose regulating fees on minerals from other states.

Jal Mahal night market

The Jaipur Municipal Corporation Heritage (JMC-H) did not obtain permission from Rajasthan State Pollution Control Board to hold the Jal Mahal night market, a joint committee informed the National Green Tribunal (NGT) on August 19, 2023.

The tribunal was responding to a petition that accused JMC-H of having invited tenders to hold the market without specifying the area where the night market was to be held. Following this, the contract was awarded to SSPARK Managing Services, Jaipur, the petitioner said.

Untreated effluent was discharged into Jal Mahal Lake, polluting its water. Noise and air pollution were also being caused by the operators and no consent has been obtained under Water Act, 1974 and Air Act, 1981, the complainant said.

The night market was within the eco-sensitive zone of Nahargarh Wildlife Sanctuary and JMC-H did not obtain permission as per the Master Plan of Eco-Sensitive Zone (ESZ)and the consent of ESZ Monitoring Committee.

JMC-H, however, suspended the operation of the market on July 24, 2023.

Kshipra river pollution

No mining activity or solid waste disposal was found in and along the banks of the Kshipra river, a joint committee told NGT. The report was in response to an NGT order related to the Kshipra’s pollution and status in Dewas, Ujjain, Indore and Ratlam districts.

Nagdhaman nullah near Hawankhedi and Mendki nullah near Marethi village meet river Kshipra at Dewas. Various colonies are located upstream of Dewas industrial area.

Domestic wastewater from this area flows into the Nagdhaman nullah, which passes through an industrial area. Currently, three sewage treatment plants installed by the Municipal Corporation Dewas are operational but are not treating the wastewater of the nullas of Dewas city.

Coloured wastewater from cottage industries like printing and dyeing units in the Bherugarh area, Ujjain, directly meets river Kshipra near Siddhwat. The Ujjain Municipal Corporation’s solid and wastewater treatment projects are in a nascent stage. Similarly, the Moti Nagar nullah meets the river Kshipra and lacks a diversion facility.

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