Daily Court Digest: Major environment orders (September 29, 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: Thursday 29 September 2022

Budgam mining

The National Green Tribunal (NGT) September 28, 2022 set aside three environmental clearances (EC) granted to NKC Projects Pvt Ltd for mining minor minerals in Budgam district of Jammu & Kashmir.

An application filed before the NGT had challenged the ECs granted by the State Environment Impact Assessment Authority (SEIAA), Jammu & Kashmir to NKC Projects Pvt Ltd April 19 this year.

The NGT September 28 noted that the statutory procedure had not been followed by SEIAA, J&K while granting prior ECs, “in letter and spirit though the provisions are mandatory particularly having direct impact upon environment”.

Hastinapur Wildlife Sanctuary

The NGT has given the Government of Uttar Pradesh 45 days to finalise a notification under Section 26A of the Wild Life (Protection) Act, 1972 for protection of the Hastinapur Wildlife Sanctuary.

The NGT January 7, 2022 had sought a factual and action taken report in the matter from the additional chief secretary (ACS), forest and environment, Uttar Pradesh.

The divisional director of the social forestry division, Meerut, filed a status report in response. It mentioned some procedural steps taken and sought three more months to issue a final notification for the sanctuary in question.

The tribunal September 28 refused to entertain the request and said no proper reason was given for the delay. It refused to give the extension.

The counsel for the state of Uttar Pradesh stated that the final notification would be issued positively within 45 days.

Noida illegal constructions 

The NGT September 28, 2022 directed Express Builders and Promoters Pvt Ltd to pay Rs 15 crore for illegal constructions undertaken in ‘Express Zenith’, Sector 77, Noida, Uttar Pradesh.

An applicant has said the project proponent had exceeded the limit of construction with the connivance of the Noida Authority and had failed to set up pollution control devices as required.

The tribunal noted that the 19th floor had been constructed illegally in five towers. This was in in violation of the EC which only permitted ground floor + 18 floors.

The construction of extra floors placed an extra pollution load on the environment, it said. The tribunal directed that compensation should be deposited with the district magistrate of GautamBudhha Nagar within one month.

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