Daily Court Digest: Major environment orders (June 15, 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 16 June 2022

CPCB imposes Rs 100 crore fine on Ansal Properties

The Central Pollution Control Board (CPCB) June 13, 2022 imposed an environmental compensation of Rs 100 crore on Ansal Properties and Infrastructure Ltd for violation of rules in the setting up of a residential colony spread over 604 acres at Sushant Lok Phase-I and Sectors 27, 28, 43 and 52, Gurugram, Haryana. 

The CPCB order was in response to the directions of the National Green Tribunal (NGT) September 28, 2021, in which CPCB was directed to assess compensation for violations committed by Ansal (project proponent).

The violations included absence of environment clearance (EC), consent to establish, consent to operate and consent for extraction of groundwater.

The NGT said the "scale of compensation has to be related to the cost of the project so as to operate as a deterrent against the law violators".  

The company has been given a 15-day deadline for making the payment, after which interest will be charged according to rules.

In addition to the Rs 100 crore compensation, the project proponent has to pay an additional environmental compensation as determined by the Central Groundwater Authority on account of extraction of groundwater without permission and defunct rain water harvesting system in Sushant Lok Phase-I, Gurugram. 

Ansal Properties have to submit an action plan to the CPCB regarding rectification of the shortcomings within seven days from the receipt of the directions and to rectify all the shortcomings within 30 days from the receipt of the directions.

Mining reclamation ordered in Hamirpur

Mining by Ambey Suppliers Private Ltd at Tikapur village, Maudaha tehsil, Hamirpur district, Uttar Pradesh has created dumps of black earth, along with mixture of sand and morrum (laterite soil). As a result of this, some places have been filled with water, a report filed by the district officer, Hamirpur informed the NGT. 

Ambey was granted mining lease for the area measuring 24.291 hectares for an annual estimated quantity of 388,608 cubic metres of sand and morrum by e-tender cum e-auction process. 

The mining lease was for a period of five years and the mining operation was done between the period of October 19-December 31, 2021. 

A five-member committee was constituted by the district officer of Hamirpur to regulate the mines of sand and morrum in accordance with the Sustainable Sand Mining Management Guidelines, 2016. The committee visited the site of mines May 18, 2022 and found environmental violations. 

The comittee also noted that the ex-lessee has already deposited Rs 9 lakh as security for the purpose of protective, reclamation and rehabilitation measures as envisaged in the approved mine closure scheme. 

Notice was also issued to Ambey to fully implement the mine closure scheme and otherwise, the security money will be forfeited for implementation of mine closure scheme.

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