Environment

Daily Court Digest: Major environment orders (March 5, 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 05 March 2020
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Brick kilns' environment impact

Brick kilns based on zig-zag technology using agro-residues are located only in the National Capital Region (NCR), the Central Pollution Control Board (CPCB) said in its report to the National Green Tribunal (NGT) on March 4, 2020.

If the performance of kilns operating on agro-residues under comparable situations is to be assesed, the zig-zag type kilns in NCR regions, which are presently closed, have to be made operational to facilitate monitoring.

Also, a time period of at least four months should be granted to CPCB to monitor 65 brick kilns in NCR and outside and submit a report covering:

  • Impact of brick kilns operations on loss / degradation of top soil
  • Study involving carrying capacity assessment of kilns with adequate samples (number of kilns and days monitored)
  • Evaluation of the performance of kilns against the background concentration and carrying capacity of the area 
  • Impact of kilns on ambient air after their operational commencement in NCR regions

The CPCB report was in the wake of the NGT order of January 30, 2020 in the matter of Dinesh Chahal & Others Vs Union of India & Others.

Industrial Pollution

The CPCB filed a consolidated status report in respone to the NGT order for information on the list of industries prohibited due to non-compliance and details of environmental compensation.

The state Pollution Control Boards (SPCBs) were asked to submit the action plans for improving environmental quality, including the demarcated boundaries of critically polluted areas (CPAs) and severely polluted areas (SPAs).

Among the 100 polluted industrial areas (PIAs) identified for Comprehensive Environmental Pollution Index (CEPI) evaluation, 38 PIAs were categorised as CPAs and 31 PIAs were categorised as SPAs located in 20 states / Union territories.

The CPCB report informed the tribunal that according to the data received from 18 SPCBs / PCCs, there are a total of 3,892 non-complying industries / activities out of which, 1,536 non-complying industries / activities have been issued closure directions. The incidences of violation by construction activity, stubble burning etc have also been included by a few SPCBs in number of non-complying industries/activities.

Around 5,302 industries / activities have been reported to be non-compliant with environmental standards in the last five years and environmental compensation of Rs 59,285.68 lakh have been imposed on them.

Gurugram storm water drains

A report filed by the Municipal Corporation of Gurugram (MCG) to the NGT on storm water drains was made public on March 5, 2020.

The NGT, in its orders of July 23, 2018 and November 20, 2018, had directed the principal secretary of Haryana's town and country planning department in consultation with Haryana State Pollution Control Board and the MCG to take steps to ensure that storms water drains were not left uncovered and were desilted and kept clean.

Haryana was also asked to prepare an appropriate action plan for recovering fines from those found responsible for polluting the storm water drains.

All drains in Badshahpur as well as those along master and sector-dividing roads were under the jurisdiction of the Gurugram Metropolitan Development Authority (GMDA), the report said. Steps to ensure that storm water drains were kept open, had to be taken up by GMDA, it added.

Desilting and repair of arterial drains falling within the MCG's jurisdiction had been done. Further, an action plan to prevent sewage from entering into master storm water drains (Badshahpur drains) had already been submitted to NGT in the form of an affidavit in the matter of Manoj Mishra (Order No 06 of 2012).

The latest status regarding the same had been submitted to the GMDA.

Stone crusher in Faliya village

A compliance report by the Rajasthan state PCB in response to the NGT order of August 20, 2019 on illegal mining through a crusher machine in Faliya village of Baran district resulting in damage to the forest area was submitted on March 5, 2020.

In compliance of the NGT order, the inspection of M/s Jyoti Kiran Stone Crusher was conducted on December 20, 2019 jointly by a team of officials from the district administration as well as the departments of mining, forest, agriculture and health.

During the course of inspection, the stone crusher was found to be non-operative due to a lack of machinery maintenance. The mining pit was found to be filled with rain water. The plantation was found to be inadequate and no boundary wall was provided.

The project proponent was asked to complete the construction of the boundary wall by April 30, 2020 and also submit a bank guarantee of Rs 1 lakh as a surety in this regard. Further, environmental compensation would also be imposed for the past violations according to the guidelines of the RSPCB.

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