Daily Court Digest: Major environment orders (September 6, 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
Last Updated: Friday 06 September 2019
Photo: Getty Images

Slum redevelopment project

The National Green Tribunal (NGT) on September 3, 2019 directed the Maharashtra’s State Environment Impact Assessment Authority (SEIAA) and the Municipal Corporation of Greater Mumbai, to jointly inspect the slum redevelopment project at Marol village in Andheri (East).

One Mangesh Mahadev Parab had filed an application against New Monarch Builders and Contractors for violating the Environment Impact Assessment Notification 2006. 

After the issuance of EIA notification, many amendments and changes have been made to the original plan; and constructions were carried out without obtaining the environmental clearance (EC), the application stated.

The tribunal have asked the joint committee to verify the factual aspects and submit a report within six weeks.

If the allegations are found to be correct, “it would naturally fall within the purview of the violation notification issued by the Ministry of Environment, Forest and Climate Change (MoEF&CC),” the NGT ruled.

Textile industries in Rajasthan

The NGT on September 4 directed the Rajasthan State Pollution Control Board (RSPCB) to cancel the permit of 23 textile industries functioning at Gandhipura village in Rajasthan’s Barmer District, under the Air Act and Water Act.

The industrial effluents from these textile industries were being discharged in the Luni river, according to an application.

Further, Gandhipura is not an industrial area and as such these industries are operating in a non-conforming area, the court was informed.

Besides, of the 23 industrial units, eight have not been allotted plots in the Phase-IV of the RIICO Industrial Area because they never applied for the same. These eight units continued to function in the non-conforming area despite of the fact that there was alternative site for the purpose of allotment of industrial plots for their units.

The court ordered RSPCB to ensure that they do not function in non-conforming area anymore.  

Violation of EC by NHAI  

The NGT on September 3 directed for the constitution of a committee to inspect the works of the National Highways Authority of India (NHAI), at NH-211 in Maharashtra.

The NHAI has violated the conditions of the EC during the work of rehabilitation and upgradation of existing lane 2 and 4 of Yedshi to Aurangabad section of NH-211 (from 100-290 Kilometres) in Maharashtra, according to an application.

Rain water harvesting system including oil and grease trap, which was to be located at every 500 metres along the road had not been complied with and green belt area was not developed, the court was informed.

Further, the contractor engaged by NHAI for supplying of crushed stone metals and operation of hot mix plants, wet mix and ready mix concrete also failed to put in place pollution control measures as required.

The joint committee will comprise of the Maharashtra Pollution Control Board and the SEIAA. It would inspect, verify the factual aspects and submit a report, the NGT said.

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