Environment

Daily Court Digest: Major environment orders (February 28, 2020)

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 28 February 2020
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Brick kilns in UP

An action-taken report released on February 27, 2020, in compliance with a November 26, 2019 order from the National Green Tribunal (NGT), looked at the status of 525 brick kilns in Uttar Pradesh, keeping the date of establishment of the kilns.

Around 476 brick kilns were established before June 27, 2012, when the UP Brick Kilns (Siting Criteria for Establishment) Rules, 2012 kicked in. Another 49 kilns came up after that.

Of the 525 brick kilns, 328 had valid consent. Consent was granted to these kilns, which were converted to ‘high-draft zigzag technology’.  There was no pending complaint against these kilns.

Ambient air quality monitoring was done in Uttar Pradesh’s Baghpat district, especially in areas which have a cluster of brick kilns. Air pollution was seen to be higher than established norms. There should not be an increase in the number of brick kilns in Bagphat, as the number was very high, according to the report.

One of its recommendations was to not allow any new licenses from the district’s zila panchayat, district mining officer and the revenue department. This would ensure that air quality does not deteriorate further.

Illegal sand mining in Kaushambi and Prayagraj

An oversight committee under the chairmanship of Justice (Retired) Rajes Kumar in the matter of illegal sand mining in Uttar Pradesh’s Kaushambi and Prayagraj held a meeting on February 7, 2020.

The mining officer submitted a chart on sand mining giving details of amount of sand recovered and future amount recoverable in Kaushambi’s 20 pattas.  Due to bad sand quality, bidders have not come forward, said the officer.

A senior mines officer — in a verbal statement — said in action was taken to stop illegal sand mining in Prayagraj district with the help of police. Prayagraj's Senior Superintendent of Police submitted that unless the stock of the stacked sand is removed, it would be difficult to check illegal mining.

Atul Singh Chauhan, the petitioner, stated huge illegal mining was ongoing in Baswar area by operating JCBs and boats particularly in the night. The senior mines officer denied the charge, saying he inspected the area himself.

The Oversight Committee headed by Justice Rajes Kumar, expressed satisfaction at the action taken and reports submitted for keeping a check on illegal mining and for the settlement of mining pattas.

Agra Waste management and sanitation

A status report on drinking water supply, sewerage, drainage system and solid waste disposal in Agra and areas coming under the city’s Cantonment Board and eco-sensitive Taj Trapezium Zone was made public on February 28, 2020. The report by the state of Uttar Pradesh was in pursuance of an NGT order of July 29, 2019.

Discharge of municipal solid waste into river Yamuna through drains were stopped by installing bar-screens at appropriate places and regular cleaning of all the drains was taking place.

By-laws have been revised in accordance with solid waste management rules with a provision being made for collection of user fee, tipping fee, spot fine for violations of rules and notification regarding prohibition on littering and waste burning.

Agra Municipal Corporation was trying to construct a wetland technology on the Taj East drain under the Smart City Project. These were some of the points mentioned in the report.

Construction in Kasauli

A Joint Committee report filed by Himachal Pradesh State Pollution Control Board on allegations of illegal construction in the ecological sensitive area of Kasauli by M/s Lawrence School, Sanawar was uploaded on the NGT site on February 28, 2020.

As per the inspection report, the school installed 5 sewage treatment plants for domestic waste water treatment and 12 individual septic tanks. It has a decentralised solid waste management for biodegradable waste and there are 12 pits for pit composting within the school premises.

The committee found the construction under question to be legal adding it does not fall under provisions of Development Plan for Kasauli Planning Area.

Further, as the school has not increased its capacity and provided for the necessary environmental safeguards, no adverse effect on the environment was expected.

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