Daily Court Digest: Major environment orders (May 17, 2024)

Discharge of chemical-laden water from factories in Jodhpur: Authorities to file response

The National Green Tribunal (NGT) directed authorities on May 15, 2024, to file their response on allegations regarding the release of water containing chemicals from factories in Rajasthan’s Jodhpur, adversely affecting the environment.

The Rajasthan State Pollution Control Board, Central Pollution Control Board and the Collector/District Magistrate, Balotra have to file their response before the Central Zonal Bench, Bhopal.

According to a news article published in Balotra Patrika on March 16, 2024, the chemical-mixed water from the Doli-Aaraba area has reached Kalyanpur, Balotra district. This has been causing serious inconvenience to villagers. No action has been taken by the authorities despite many days having passed. The Water Act, 1974 and the provisions of Environment Protection Act, 1986, had been violated, the news item flagged.

Units manufacturing formaldehyde in YamunaNagar, Haryana

The NGT directed the Haryana State Pollution Control Board on May 15, 2024, to file its reply on units manufacturing formaldehyde operating in Haryana’s YamunaNagar without obtaining any environmental clearance (EC). The respondents have to file their affidavits at least one week before the next date of hearing (August 30, 2024), the order said.

The matter related to units operating in YamunaNagar manufacturing formaldehyde without obtaining any EC, in violation of the law. The counsel for the applicant submitted that taking into consideration the orders passed by NGT as also the order of the Supreme Court, units manufacturing formaldehyde are required to obtain an EC. Else, they cannot be permitted to operate.

Cheyyur-Vandavasi-Polur road and Cheyyur-Panaiyur section of East Coast link road project

The Government of Tamil Nadu proposed to upgrade its road network falling in the conceptual influence area of the Chennai Kanyakumari Industrial Corridor (CKIC). The aim is to improved transport infrastructure, such as the connectivity of industrial nodes to ports, urban areas and critical hinterland areas.

The road project of Cheyyur-Vandavasi-Polur road and Cheyyur-Panaiyur section of the East Coast link road (ECR) was taken up, as part of the CKIC. It commenced on January 29, 2021.

This was stated in the report filed by the Tamil Nadu State Highways Department on behalf of the Highways and Minor Ports Department.

The report said the project is the upgrading and widening of an existing road and not anything new. The ECR link road crosses Odiyur lake under the Coastal Regulation Zone (CRZ). However, CRZ clearance has not been obtained for it since there is no improvement of the project road in the backwater stretch.

The report mentioned that the funding for the project was sanctioned by the Asian Development Bank (ADB). It was proposed to the ADB for funding. However, the clauses did not include CRZ clearance for it. 

The applicant had requested NGT to direct respondents to construct a bridge on the Odiyur lagoon so that tidal exchange and free flow of water can be ensured in strict compliance of the CRZ Notification, 2011.

The report said constructing a high level bridge over the entire lagoon (900 metres) by dismantling the two existing bridges, which are in good condition, is not required.

The tribunal had observed that additional vents were needed for the uninterrupted flow of tidal exchanges through the two bridges located in the CRZ Zone-IB area. The report said necessary steps would be taken for the construction of additional vents in the CRZ-IB area.

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