Daily Court Digest: Major environment orders (November 24, 2022)

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 24 November 2022

Waste disposal at Bhalswa landfill

The National Green Tribunal has directed the Municipal Corporation of Delhi (MCD) to ensure compliance with the rules in setting up the proposed Waste to Energy project in Narela-Bawana. The court also noted that garbage is still being dumped at the Bhalswa landfill.

The MCD must take precautions so that no leachate from the Bhalswa site must go to an adjacent drain, which is not blocked, the court further said. 

Current waste should not be dumped at Bhalswa and segregated inert waste should be utilised, directed the Bench of Justice Adarsh Kumar Goel and Justice Sudhir Agarwal of NGT, November 22, 2022.

The Bench noted several non-compliances at the site like no engineered sanitary landfill has been set up. A request for proposal document dated July 15, 2022, was prepared to set up a waste-to-energy plant at Narela-Bawana, but the terms were not compliant with Solid Waste Management Rules, 2016, either. 

“Another parcel of land has been identified at Sultanpur Dabas for a landfill site and the bidder for the WTE plant has been allowed to dispose of inert waste at Bhalswa dumpsite in violation of paragraph 38 of an order of this tribunal dated October 11, 2022,” said the NGT order.  

The tribunal heard a petition by Gagan Narang against the proposed WTE project at Narela-Bawana. MCD was unable to take adequate action for compliance with SWM Rules, 2016 for scientific handling of the waste generated in the city, the plea said. 

Illegal brick kilns in Shamli

Zig zag technology is missing at two brick kilns operating in village Bamnoli, Shamli district of Uttar Pradesh, Central Pollution Control Board (CPCB) said in a report to NGT. The kilns are responsible for violating environmental laws, rules and regulations set up by the state and the central government, CPCB further said. 

Zig zag is a clean and more efficient technology to produce bricks. 

Navbharat Brick Field and Shiv Brick Field are operating in violation of the UP Brick Kilns Criteria Act, the CPCB report said. The kilns are causing air, water and soil pollution and which in turn is causing many health hazards, the pollution control body submitted November 23, 2022. 

Supreme Court, through its orders, has clearly mentioned that only those brick kilns will be allowed to operate which have valid consent to operate (CTO), production capacity as mentioned in the CTO, is based on zig zag and have adequate monitoring facilities.

State pollution control boards (SPCB) are the regulatory agencies for ensuring the compliance of siting criteria and conditions laid down in the notification issued by the Ministry of Environment, Forest and Climate Change dated January 22, 2022, for emission standards for brick kilns.

The SPCBs should carry out regular inspections of brick kilns to verify compliance with the SC orders and take appropriate action against the non-complying brick kilns.

De-concretisation of trees in Punjab

New saplings will be regularly planted in Sahibzada Ajit Singh Nagar (SAS Nagar), Punjab and trees in the areas will be de-concretised, Punjab Pollution Control Board SAS Nagar, Greater Mohali Area Development Authority (GMADA) and divisional forest officer, SAS Nagar submitted to the NGT. 

The saplings will be set out in the planting season by the Municipal Corporation and GMADA. There will be proper space between the saplings and perforated tiles will be installed in place of interlocking tiles, the report further said. 

The report was in response to the NGT order July 5, 2022. 

Open space was being concretised on the pretext of parking area requirements and pedestrian path, a resident of Mohali, Sahil Garg, said in an application before the tribunal. 

There was no implementation of any plantation program for developing green belt in open spaces and along the roadside, he further said. 

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