Daily Court Digest: Major environment orders (June 18, 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: Thursday 18 June 2020

Biodiversity Management Committee for Delhi

The National Biodiversity Authority (NBA) delegated its powers and functions to the National Capital Territory of Delhi Biodiversity Council on December 31, 2019, a report filed by the Deputy Conservator of Forest, Delhi, informed the National Green Tribunal (NGT).

The process of constituting the National Capital Territory of Delhi Biodiversity Council, was in progress, the report stated.

The report was a follow-up to the NGT order for setting up Biodiversity Management Committees according to Section 41 of the Biological Diversity Act, 2002 and maintenance of People's Biodiversity Registers.

Consent condition violations

The Narmada Pradushan Nivaran Samitee (NPNS) of Ankleshwar, in its report to the NGT on the Jhagadia-Kantiajal effluent pipeline by Narmada Clean Tech Ltd (NCTL), accused the Gujarat Pollution Control Board (GPCB) and a member of the Joint Inspection Committee (JIC) of turning a blind eye to the violations of consent conditions (CCA) by the NCTL.

The GPCB allowed NCTL to operate the effluent pipeline for four years (December 2016 - April 2020) despite continued violation of CCA. The subsea pipeline was operating without any common or final effluent treatment plant.

The JIC, in its report, had admitted that a hydro test was required to be conducted on the pipeline, but it had not been conducted before making the effluent pipeline operational, the report by NPNS said.

Further, there were 27 instances of leakages and breakages in the Jhagadia-Kantiajal effluent pipeline, leading to industrial effluent contaminating the area in and around the pipeline route.

Illegal sand mining

The NGT on June 17 directed a report to be filed by the Oversight Committee headed by SVS Rathore, former Judge of the Allahabad High Court, on illegal sand mining on the river bed between Etawah and Jalaun districts of Uttar Pradesh.

This was in response to the affidavit filed by Ajay Pandey on March 3. The affidavit said the report filed by the Uttar Pradesh Pollution Control Board, stating that no mining activity was found in Muradganj, Bijalpur, Ayana and Shergarh Ghat, was wrong.

Forest encroachments 

The NGT on June 17 disposed of the application on illegal construction in forest land adjacent to Kant Enclave, Faridabad, Haryana after being satisfied that appropriate action was taken. 

A report was filed on June 15, 2020, stating that forest offence reports were filed and action was taken by the forest department and the illegal structures demolished.

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