Daily Court Digest: Major environment orders (July 13, 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: Monday 13 July 2020

Industries under MPD 2021

The municipal corporations of Delhi need to ensure compliance of the provision of Master Plan for Delhi (MPD) 2021 while granting licence / no objection certificate to industrial units under the household category in residential and non-conforming areas of Delhi.

This was stated in the report of the Government of the National Capital Territory of Delhi, filed before the National Green Tribunal (NGT) on the closure of illegal industries operating in residential and non-conforming areas of Delhi.

The court has been informed that 21,960 industrial units have been closed down and there are about 30,000 similar illegal units operating in residential and non-conforming areas that need to be closed down.

The Commissioner, Industries, has stated that there are 33 approved industrial areas and 23 industrial clusters notified for re-development under MPD 2021, wherein all kind of industries except negative and prohibited list of industries are allowed.

Further, MPD 2021 permits household industries to run in residential / non-conforming areas and in villages and they are categorised as Group A industries. The household units need to apply for consent from the Delhi Pollution Control Committee.

It was also decided that the power distribution companies and Delhi Jal Board would disconnect the supply of household units having connection over and above 11 kilowatt.

The municipal corporations had received 2,104 household applications for grant of licence and that is pending with Factory Licensing Department of the Municipal Corporations, the report added. The government has requested for more time to recover compensation from illegal units.

Sand mining in Datia

All illegal sand mining using submarines (underwater machines) in the Dangra village of Madhya Pradesh’s Datia district has been stopped, the report filed by the district magistrate of Datia, said.

The residents of the village had filed an application in the NGT, complaining of illegal sand mining, which was adversely affecting aquatic life and the environment.

In the inquiry conducted by the magistrate and the Madhya Pradesh State Pollution Control Board, it was found that a show cause notice dated June 29, 2019, was issued to the sarpanch / secretary of the Dangra panchayat, who was conducting illegal mining activity with the use of submarines.

The magistrate cancelled the mining lease on August 20, 2019, with immediate effect. The report stated that the mining department had been keeping watch in the area and no illegal mining had been noticed till now. If any such cases got reported, immediate action would be taken.

National Wollens in Panipat 

An action taken report filed by the Haryana State Pollution Control Board (HSPCB) informed the NGT that National Woollen & Finishers at Plot No. 302, Sector 29 in Panipat was following environmental norms, according to law.

The matter dealt with the alleged illegal extraction of groundwater and discharge of polluted water with dyes and chemicals into the drain by the unit. The HSPCB was directed to look into the matter and furnish a report.

The unit was inspected on February 13 and during the inspection, it was found that National Woollens had obtained consent to establish and consent to operate and also obtained authorisation under the Hazardous Waste Management Rules 2016 from the HSPCB.

The unit had installed an effluent treatment plant having adequate treatment capacity and was located in the notified Industrial Area of Haryana Sehri Vikas Pradikaran, having common effluent treatment facility.

The inspection team noted that the unit had provided adequate hazardous waste storage site within the premises. The sample of the air emission from the common stack of boiler and thermic fluid heater was also collected and according to the analysis report of the HSPCB Laboratory at Panchkula, the parameters of air emissions were found within applicable standards.

Jharkhand nullah encroachment

The Jharkhand State Pollution Control Board imposed a fine of Rs 4,020,000 on Grasim Industries, Rehla for encroaching on Challiya Nala. This was in pursuance to the NGT order of December 5, 2019.

The compensation was calculated according to the methodology for assessing environmental compensation developed by the Central Pollution Control Board. It was based on pollution index, duration of violation in terms of number of days, scale of operation in terms of micro and small / medium / large industry and location in terms of proximity to the large habitations.

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