Daily Court Digest: Major environment orders (November 1, 2022)

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 01 November 2022

Dumping of construction waste

Illegal disposal of waste generated during the construction of a road in Shimla, Himachal Pradesh, was taken up by the National Green Tribunal (NGT) October 31, 2022. A joint committee was directed by the court to look into the issue. 

A petition was filed in the tribunal over the construction of a double-lane road in Shimla by an entity called Sai Eternal Foundation. Construction waste and other garbage were being dumped by the entity at Dhalli Tunnel project down the valley side, the plea alleged. 

The matter involved a “substantial question relating to the environment arising from the implementation of the scheduled enactments under NGT Act, 2010,” the court said. The joint panel was told to visit the site and submit a report.

Stone crushing hurting flora and fauna

A report has been submitted to the NGT by a joint committee over the operation of stone crushers in a Telangana village that was allegedly hurting flora and fauna in the area. 

The hills and forests around Garlavoddu village in Enkoor zone, Khammam district, were being destroyed due to illegal mining and stone crushing activities in the region, a complaint by applicant Abhilash Chowdary had alleged.

Sri Lakshmi Narsimha Stone Crusher is “plying heavy lorries and tractors with 14, 12 and 10 tyres from the village, thereby damaging roads and creating problems for the villagers,” Chowdary had claimed. 

An inspection by the joint committee October 21, 2022 revealed that the stone crusher was situated in an area of 3.5 acres of land and surrounded by agricultural land on the east and west side and hillocks on the north and south.

There are no forest lands/reserve forests within 4-5 kilometres from the area, forest officials submitted. The said lands are purely revenue lands though covered by hillocks and tree growth. “The applicant had mistaken it for a forest due to dense tree cover,” said the report submitted to NGT October 31, 2022 said. 

Further, no tree felling permission was requested and issued to the mining site by the forest department, it said.  

The animals generally found present in the area and sighted by people were black-naped hare, common birds and reptiles, the report added. 

A detailed survey has to be conducted over a period of one month with the help of field biologists to ascertain flora and fauna biodiversity in the area. A biodiversity and wildlife movement has to be prepared separately, it further said.

Illegal groundwater extraction 

Units that draw more than 10 cubic metres of groundwater per day would be required to obtain a no-objection certificate (NOC) from the Central Ground Water Authority, the Maharashtra Pollution Control Board has submitted to the NGT. 

The tribunal was hearing matters related to illegal extraction of groundwater by units involved in water-selling business

The local agencies concerned have to ensure that such units have the NOC and a licence/registration under the Food, Safety and Standard Act, 2006, from Food, Safety and Standard Authority of India.

The state pollution control board report was filed October 27, 2022. 

The board issued directions to 433 municipal corporations, zilla parishads, municipal councils, nagar panchayats and cantonment boards in 2020, the report said. 

These agencies have been directed to identify “illegal activities of cool water cans and chilled water jar units engaged in water selling business”, which falls under their jurisdiction and take appropriate action against the said units.

Waste management in Palwal

The municipal council of Palwal, Haryana has to pay Rs 421.6 lakh as environmental compensation, the Haryana State Pollution Control Board, Panchkula, has submitted to NGT. 

The matter related to the remediation process of bio-mining as well as the setting up of waste processing plants in accordance with municipal solid waste rules and the guidelines of the Central Pollution Control Board. 


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