Daily Court Digest: Major environment orders (September 4, 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: Wednesday 04 September 2019
Photo: Getty Images

Lack of environmental clearance 

The National Green Tribunal (NGT) on September 2, 2019 directed constitution of a joint committee to look into the allegations of non-implementation of Environmental Impact Assessment Notification, 2006, in Jharkhand regarding building constructions.

Jharkhand has undertaken various major constructions of buildings particularly in the cities of Ranchi, Jamshedpur, Bokaro and Deogarh without obtaining mandatory prior environmental clearance under the EIA Notification, 2006, even when “it is mandatory in respect of structures having more than 20,000 square metre which is categorised as Category 8 (a) under the notification”, according to an application.

Buildings like the Jharkhand High Court Building, Jharkhand Vidhan Sabha, P&M Hi-Tech City Centre Mall, Jamshedpur, Vijaya Garden Homes and Aastha Twin City lack EC, it added.

Further, as per the information obtained from the state government under the RTI application, only 20 buildings and construction projects have thus far applied for environmental clearance as of now from the year 2006.

The joint committee would comprise of the representative of the regional office of the Ministry of Environment, Forest and Climate Change at Bhubaneswar and a representative of the State Environment Impact Assessment Authority, Jharkahand.

It will verify on the factual aspects set out in the application and submit a report.

Stone crushers in Haryana

There is a need to ensure that the stone crushers in Haryana are consistent with environmental norms, the NGT was told on September 2.

The counsel for the state informed the tribunal that decision has been taken to continue the stone crushers already set up to avoid litigation. However, the State Pollution Control Board will verify whether the stone crushers are complying with the pollution norms and furnish a further report within one month.

Stone crushers in Jharkhand

The NGT on September 2 asked the Jharkhand State Pollution Control Board (JSPCB) to submit a fresh report on the closure of illegal stone crushers in the state.

Stone crushers operating illegally in villages of Choti Bhagiamari, Ambadih, Motijharna and Kalyani in District Sahebganj, Jharkhand are affecting the ecology and wildlife, the court was informed.

An earlier joint report filed by the District Magistrate, Sahebganj and the JSPCB showed that ‘Consent to Operate’ has expired in respect of certain crushers and mining leases and there has been non-compliance of the conditions of consent in some cases. Orders were issued to close the violating units till compliance.

But it is not clear whether such closure has actually taken place and also there was no material to show whether "compensation on 'Polluter Pays’ principle has been collected from the violators,” the NGT said.

Subscribe to Daily Newsletter :

Comments are moderated and will be published only after the site moderator’s approval. Please use a genuine email ID and provide your name. Selected comments may also be used in the ‘Letters’ section of the Down To Earth print edition.