Down To Earth brings you the top environmental cases heard in the Supreme Court, the high courts and the National Green Tribunal
The Supreme Court directed all states and Union Territories (UT) to submit responses about their respective menstrual hygiene policies for school students to the Union Government by August 31, 2023.
Only governments in Delhi, Haryana, West Bengal and Uttar Pradesh had sent responses to the Centre following a April 10, 2023 order, Additional Solicitor General Aishwarya Bhati stated.
The Supreme Court directed all other states/UTs to submit their responses positively by August 31, 2023.
A copy of the order should be sent to the chief secretaries of remaining states and UTs for compliance, the bench of Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Misra said.
The states/UTs that do not submit responses will be placed on notice and the SC would be “constrained to take recourse to the coercive arm of the law,” it said.
The SC will next hear the case on November 6, 2023.
The National Green Tribunal (NGT), July 24, 2023 asked the Central Ground Water Board/Authority (CGWA) to “issue necessary regulatory directions with a view to preserve and protect the underground water”.
The tribunal asked the CGWA to take up this matter on an urgent basis.
Despite repeated complaints to the authorities concerned regarding illegal extraction of groundwater in parts of Mehrauli and Saket in Delhi, no remedial action has been taken, the court observed.
The applicant, Pritipal Sharma, told the NGT that tanker mafias are extracting groundwater through reverse osmosis plants and commercially selling the water. The authorities concerned are not taking any action against these tanker mafias, Sharma submitted.
Sub Divisional Magistrates, Mehrauli and Saket acknowledged that proper remedial actions by way of closing the borewells and recovery of compensation for the illegal withdrawal of groundwater has not been taken by the authorities concerned and the activities are adversely affecting the environment.
The NGT directed the SDMs of Mehrauli and Saket to take necessary action and develop an effective mechanism for preventing the extraction of groundwater by unauthorised operators and tanker mafias. It asked them to take prompt coercive measures.
“The illegal borewells must be stopped immediately and sealed according to the rules. The past violations and extraction of groundwater shall be calculated according to rules and according to parameters laid down by the CPCB and the environmental compensation must be imposed according to law,” said the order.
SDM was further directed to take assistance from the electricity department and to ensure disconnection of electricity supply for illegal borewells, which are being used for illegal extraction of groundwater/borewells. A further action-taken report has to be filed within three weeks, the order added.
Acting on a complaint filed by Pankaj Srivastava about the alleged failure of Birla Carbon plant in Renukoot, Uttar Pradesh adhering to environmental norms, the NGT, July 24, 2023 directed a committee to be constituted consisting of Collector for Renukoot, Uttar Pradesh and a representative from the UP Pollution Control Board (UPPCB).
The committee was directed to visit the site and submit a factual and action taken report within four weeks. The report should contain compliance status with respect to consent to operate granted on January 30, 2019 and also on additional manufacturing processes.
The report must also contain ambient air quality data around the industry and trends of ambient air quality as per established National Air Quality Monitoring Program station, if operated, the order said.
The plant was in violation of the Air (Prevention and Control of Pollution) Act, 1981, the complaint said. IThe unit was running without any consent from the UPPCB and the unit has not taken consent for its six reactors, vent scrubber stacks and two main bag filter stacks, it alleged.
Further, the unit had not disclosed the height of its six reactor vent scrubbers stacks and two main bag filter stacks for consent. Reactor, vent scrubber and main bag filter stack is used during plant shutdown, and also contains un-burnt carbon monoxide which is a byproduct of this plant, the application by Srivastava said.
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