Daily Court Digest: Major environment orders (October 18, 2019)

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: Friday 18 October 2019

Construction of hotel stopped in Chamba

The National Green Tribunal (NGT) on October 16, 2019 ordered the Himachal Pradesh State Pollution Control Board (SPCB) to stop the construction of a hotel in the cantonment area of Chamba district till the requisite consents are obtained.

It was alleged that the illegal construction uprooted trees and also lacked consent according to Water (Prevention and Control of Pollution) Act, 1974, and the air (prevention and control of pollution) act, 1981. 

This prompted the tribunal to ask the SPCB to submit a report on the matter, which confirmed that the constructions are illegal and lack the necessary permissions.

Illegal mining in Madhya Pradesh

Illegal mining is taking place within a distance of 20-30 metres from a river and a school at Beejadoah village in Panna district of Madhya Pradesh with the knowledge of the concerned officers, the NGT was informed on October 16.

Reports filed by the Madhya Pradesh Pollution Control Board (PCB) and the district magistrate of Panna confirmed the allegations of stone mining within the prohibited distance from the school and river.

Further, boundary pillars have not been set up and royalty was also not paid, the reports stated.

The district magistrate recommended that mining be prohibited till documents are produced for determination of royalty. The state PCB also recommended that no mining zone should be duly demarcated and no illegal mining should take place.

The NGT directed the illegalities to be removed and prohibit mining till the rules are complied with. Environmental compensation, which should be adequate to restore the environment should also be recovered, the order said.

Green belt in residential areas

The NGT on October 16 directed the chief secretary of Punjab to relook the approval given to a residential complex for reducing the ‘no construction zone’ of 100 metres to 5 metres on GT Road.

“Effective green belts are required to mitigate air pollution on the sides of the roads apart from space for plantation,” the order added.

The application was filed by Om Dutta Sharma, president, Surya Enclave Welfare Society, Jalandhar alleging that green belts/public parks are proposed to be sold by Jalandhar Improvement Trust in Surya Enclave.

Unuthorised constructions in Bengaluru

Construction of an apartment complex named ‘Parasmani Regency-11’, constituting 200 flats in RV Road in Bangalore, is encroaching Raja Kaluve drain, the NGT was informed on October 16.

Raja Kaluve is a “lead off drain” connecting road side drains, according to a report filed by the Karnataka SPCB.

The report further showed that there were violations with reference to constructions. Preliminary notice was issued to stop constructions as the modified plan has not yet been released.

There are unauthorised constructions without approval of Bruhat Bengaluru Mahanagara Palike (BBMP) for which action has been initiated by the BBMP.

NGT directed that the illegalities reported be remedied “taking appropriate action by the statutory authorities in accordance with law.”

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