Down To Earth brings you the top environmental cases heard in the Supreme Court, the high courts and the National Green Tribunal
The National Green Tribunal (NGT), January 23, 2024 directed that notices be issued to authorities concerned on the issue of the illegal diversion of 44 hectares of protected forest land for a Commando Battalion headquarters in Barak Valley, Assam.
Notices have been issued to the Union Ministry of Environment, Forest and Climate Change (MoEFCC); principal chief conservator of forests and head of forest force, Assam Forest Department and chief wildlife warden of the department, among others.
The application was registered suo motu on the basis of the news item titled Assam: PCCF MK Yadava accused of illegally clearing protected forest for Commando Battalion, published in digital news portal Northeast Now News on December 25, 2023.
The news article alleged that the Assam government’s top forest officials had illegally diverted 44 hectares of protected forest land for a Commando Battalion headquarters in Barak Valley, bypassing the mandatory procedures under the Forest (Conservation) Act, 1980. Permission was granted for the construction of the 2nd Assam Command Battalion Unit headquarter inside the inner line of reserved forest in Hailakandi district, it alleged.
The news article stated that the inner line of reserved forest, established in 1877, is a sprawling 110,000-hectare expanse, known for its rich biodiversity, including endangered species like the hoolock gibbon, slow loris and clouded leopard. It also serves as a crucial habitat for elephants, tigers and a variety of birdlife.
The NGT, January 23, 2024 expressed satisfaction with a report filed by the Municipal Corporation, Gurugram (MCG), which mentioned the steps taken to clear the waste dumped by the roadside in Udyog Vihar, Gurugram.
The report mentioned the date when the site was cleared and the secondary collection point on the spot was discontinued. MCG also assured the court that it was taking all-out steps to get the solid waste lifted and disposed of in a scientific manner at the processing site at village Bandhwari. The action-taken report was submitted on January 20, 2024.
The NGT was hearing a matter related to the dumping of garbage by the roadside in Udyog Vihar, Gurugram, Haryana, which was leading to multiple problems, including a health hazard and causing damage to the environment.
A joint committee had inspected the site and found heaps of solid waste and other waste were dumped along the road in the open area, stated an August 28, 2023 report by the panel.
The reply by the Municipal Corporation of Gurugram said waste management company Eco Green Energy Pvt Ltd was supposed to lift the waste regularly. The waste has not been lifted due to a lapse on its part. The reply revealed that Eco Green Energy had committed up to 20 lapses / defaults between June and August 2023.
Regular monitoring of the entire Udyog Vihar was also being done to ensure the collection and transportation of waste to designated site at village Bandhwari, the MCG said. A notice penalising the company for Rs 129.2 crore was issued to Ecogreen Energy Pvt Ltd against expenditure done by MCG at its ‘Risk and Cost’.
The NGT, January 23, 2024, directed the Central Pollution Control Board (CPCB), MoEFCC, among others to submit replies over allegations of mining activities within the Taj Trapezium Zone (TTZ area) — a defined area of 10,400 square kilometres around the Taj Mahal in Agra, Uttar Pradesh.
The grievance in the application was mining activities within the TTZ area in violation of existing rules and orders of the Supreme Court of India in W.P. (Civil) No 653 / 1994 in which SC vide order, November 17, 2004 had directed that no blasting operations are allowed within 10 km of the area.
The NGT told the authorities to clarify several questions: Whether the area comes within the TTZ area; whether the ad hoc moratorium is applicable in the present activities; whether the activities are small, micro and micro-level industries; whether the activities are within the non-polluting activities or industries; whether the operations are eco-friendly; State Level Environment Impact Assessment Authority and Rajasthan State Pollution Control Board, Rajasthan were directed to specifically reply these points and whether the industry falls under the red, orange or green category.
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