Daily Court Digest: Major environment orders (September 30, 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 01 October 2020

CZMP for Goa

Goa has persistently failed to finalise the Coastal Zone Management Plan (CZMP), the NGT said on September 28. The matter had been getting delayed for a long time, despite repeated extensions by the NGT.

The court was informed that the delay was due to the National Centre for Sustainable Coastal Management (NCSCM). To this, the NGT directed the NCSCM to expedite the matter. The secretary, MoEF&CC, was asked to monitor the same and complete the process as far as possible by January 31, 2021.

Fly ash pollution

The NGT September 28 directed Kanti Bijlee Utpadan Nigam Ltd (KBUNL), Kanti unit, Muzaffarpur, Bihar to take appropriate remedial action to control pollution being caused by its fly ash dump.

A report, filed by the Bihar State Pollution Control Board (BSPCB) December 21, 2019, indicated deficiencies in handling of the fly ash by KBUNL.

The Tribunal had directed further remedial action and filing of status report. Accordingly, a status report was filed by the BSPCB July 16 mentioning the steps taken, including the shortening of timeline for performance of certain jobs in the interest of the environment.

The State PCB, to secure performance, had sought bank guarantee of Rs five crore from KBUNL, the report informed the tribunal.

Compensation under polluter-pays principle

The NGT September 28 directed the Delhi Pollution Control Committee (DPCC) to look into the contention given by Rishabh Kr Jain (appellant) that he was not carrying any industrial activity in non-conforming areas of Delhi, and was, thus, not liable to pay compensation of Rs five lakh on ‘polluter pays’ principle imposed by the DPCC.

The appellant said the DPCC did not take into account the reply given December 20, 2019, whereby it was stated that no industrial activity was being carried out barring trading under a valid trade licence.

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