Down To Earth brings you top environmental cases heard in Supreme Court, high courts & National Green Tribunal
Justice B Amit Sthalekar, eastern bench, NGT expressed unhappiness with the government of Assam for lack of information on the number of trees cut / saved during the construction of the four-lane highway between Boko and Aazra in Kamrup district. Justice Sthalekar, May 13, 2024 said he wonders “whether material information is deliberately being withheld” from the court. The next hearing of the case has been listed for July 24, 2024.
A case was filed suo motu on the basis of a news article in NorthEast Now on October 27, 2023, which said that for the construction of the four-lane highway, National Highway Authority of India (NHAI) plans to cut down over 2,000 trees in lower Assam. The news story mentioned actor Adil Hussain’s statement that construction of the highway is possible without axing the centuries-old trees.
The affidavit by the state of Assam April 4, 2024 stated that Indian Council of Forestry Research and Education, Dehradun in 2020 was entrusted by the Union Ministry of Environment, Forests and Climate Change (MoEF&CC) to document the best practices and technology used for tree transplantation instead of tree cutting, while executing the infrastructure projects in India. It was stated that the Forest Research Institute, Dehradun had carried out a study by collecting data from various states and submitted a report on tree translocation in India to MoEF&CC.
However, the said report has not been filed with the affidavit. Even the copy of the standard operating procedure, as has been referred to in the affidavit April 4, 2024, has also not been filed with the affidavit and only some contents have been referred to in the affidavit. It has also not been mentioned as to what is the date of SOP and who has signed the SOP.
Even the statistics with regard to the trees that can be saved or those that cannot be saved as per SOP, and for what reasons, has not been disclosed in any of the two affidavits filed by Assam.
NGT May 14 directed notices to be issued to MoEF&CC and the Andaman and Nicobar Islands Integrated Development Corporation Limited (ANIIDCO) on the issue of construction work taking place in prohibited ecologically sensitive CRZ-IA areas. All the respondents have been directed to file their counter affidavits within four weeks.
The applicant, Ashish Kothari, expressed his unhappiness over the violation of the Island Coastal Regulation Zone Notification, 2019 by MoEF&CC and ANIIDCO.
It was stated that the MoEF&CC had issued clearance November 11, 2022 under the EIA Notification, 2006 and the CRZ Notification, 2011 for the construction of the International Container Transshipment Terminal (ICTT). Go ahead was also given for township and area development, 450 MVA gas and solar-based power plant and airport (civilian and defence use). All this over an extent of 16,610 hectares in the Great Nicobar Islands.
It was also stated that the applicant had earlier filed an appeal in 2022 before NGT, raising issues of ecological damage that would be caused by the implementation of the project and several aspects like projects being in prohibited ecologically sensitive CRZ-IA areas, lack of comprehensive studies, failure to appraise impacts of biodiversity and failure to assess impact on tribal people among others.
The court was informed that the appeal was disposed of by the court April 3, 2023 with certain directions. The order had called for revisiting the environmental clearance (EC) by a high-powered committee. “In the light of report of the Committee, the EC or its conditions may be re-looked into by the competent authority. Till then, further work in pursuance of impugned EC may not proceed except for the work which may not be of irreversible nature,” the order had said.
MoEF&CC has not yet complied with the judgment of the tribunal, the applicant said.
The court was also informed that according to the revised layout recommended by the Andaman and Nicobar Coastal Zone Management Authority dated July 8, 2022, the following areas have been classified as CRZ-IA:
It was stated that the Island Coastal Regulation Zone (ICRZ), 2019 prohibits the above projects in ecologically sensitive ICRZ IA areas.
NGT May 14 directed filing of a counter affidavit by the district magistrate, Seraikela, on the action taken against illegal sand mining taking place in Gauri Ghat.
The court directed that the affidavit should disclose, in addition to stating what action has been taken against the violators, whether environmental compensation has been computed against the violators and whether action for recovery of the same has been taken according to law.
The Jharkhand State Pollution Control Board, in its inspection report, mentioned that during the visit on April 9, 2024, signs of illegal mining were found at Gauri Ghat. It was stated that illegal mining was being carried out by the local villagers from the river bed.
Five boats were confiscated and destroyed on May 7, 2024. Rafts using plastic / tin drums and tin sheets were being used for collection of sand from the river bed. Sand was also observed on some of the rafts.
Two new sand stock heaps were found at the river bank, which also indicated recent activities. Further, two roads which approach the Gauri Ghat have been blocked using trenches.
No affidavit has been filed by the deputy commissioner / district magistrate, Seraikela till date.
The NGT May 14, 2024 enquired why no affidavit was filed by the deputy commissioner / district magistrate, Seraikela till date although notices were issued on February 22, 2024 by the Delhi bench of NGT and again on April 2, 2024 by the Eastern Zone Bench, Kolkata. The court asked whether the state was protecting the violators.
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