Governance

Daily Court Digest: Major environment orders (February 27, 2024)

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: Tuesday 27 February 2024
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STPs in Delhi not functioning as per norms

The National Green Tribunal (NGT) on February 23, 2024 directed the Central Pollution Control Board (CPCB) to submit a report on the performance of sewage treatment plants (STP) in Delhi. In addition to furnishing information for each STP, the details of utilisation of treated sewage and timelines set for ensuring treatment of the entire sewage generated in Delhi should also be disclosed, the order said.

The NGT directed notices be issued to the Delhi Pollution Control Committee, CPCB, Delhi Jal Board (DJB), National Mission for Clean Ganga and Union ministry of environment, forest and climate change (MoEFCC). The court directed the authorities to file their response at least one week before the next date of hearing, May 3, 2024.

An application was registered on the basis of the news article, Why 75 % of Delhi’s STPs aren’t ready to tackle Yamuna stink, published in newspaper Times of India on February 19, 2024. The news item revealed a very serious issue that the STPs installed by DJB along Yamuna river are not functioning as per norms. 

About 75 per cent of the plants have no or insufficient disinfecting equipment. Hence, outlets of STPs have very high coliform and faecal coliform counts, the article said. The STPs do not have facilities for bacterial disinfection such as chlorination, UV treatment or ozonation. There is a gap of 227 million gallons a day in sewage treatment.

UPPCB to file action-taken report over illegal sand mining in Ambedkar Nagar district 

Uttar Pradesh Pollution Control Board (UPPCB) informed the NGT on February 23, 2024 that it will file a report within a week on the action taken by it to control illegal mining in Ambedkar Nagar district, Uttar Pradesh. 

The report will indicate the action taken by UPPCB against those who had carried out mining without obtaining consent to operate (CTO). The Board will also disclose as to how the leaseholders have been permitted to mine after the expiry of the district survey report issued in 2017.

A joint committee report, filed February 2, 2024, found that mining activity has been carried out by the lease holders at different places without obtaining the CTO and consent to establish. The report said the mining sites are located on Ghaghra river, also known as Saryu.

The NGT observed that though the leaseholders have carried out the mining without obtaining CTO and excavated a large quantity of sand, the report does not mention any action taken by UPPCB against the violators.

The joint committee also made a number of recommendations. One of them is that the district administration should not publish any auction notice until the district survey report is prepared as per the Sustainable Sand Mining Management and MoEFCC guidelines. Another being that the existing operational mining lease should comply with all conditions stipulated in environmental complainceand CTO. Further, the existing operational mining lease should carry out replenishment study as per guideline. 

Counsel for the UPPCB submitted that the board has no objection if the recommendations are implemented. Thus, the authorities were directed to ensure that the recommendations are duly complied with by the concerned district authorities as well as the mining leaseholders before publication of auction notice. 

Waste of residential colony discharged into river 

The NGT, February 23 directed the authorities to file an action-taken report on a residential colony situated on the floodplain area of Hindon river that lacks any sewage network. The sewage generated from the colony is directly discharged into the river.   

The authorities have been granted four weeks’ time to file the action-taken report and the next hearing of the case will be on May 6, 2024.

UPPCB filed a response, disclosing that a joint committee had carried out an inspection and that “the Shivam Enclave colony, old Haibatpur is situated in floodplain area of Hindon river”. The colony is developed like other unplanned residential areas situated along the river in Gautam Budh Nagar. Further there is no sewerage network in that area and that sewage generated from the colony is being discharged directly into Hindon river.

The report filed by the district magistrate, Gautam Budh Nagar also stated the same.

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