Daily Court Digest: Major environment orders (August 8, 2022)

Down To Earth brings you top environmental cases heard in Supreme Court, high courts and National Green Tribunal

By DTE Staff
Published: Monday 08 August 2022
Down To Earth brings you top environmental cases heard in Supreme Court, high courts & National Green Tribunal

Magnesite and Dunite mines in village Chettichavadi, Salem violating environmental norms

Magnesite and dunite mines in a Tamil Nadu village do not have permission to operate, the environment ministry submitted in the National Green Tribunal (NGT).

Ministry of Environment, Forest and Climate Change (MoEFCC) August 6, 2022, submitted that the mines in the village Chettichavadi, Salem, do not hold a valid mining lease. Dalmia Bharat Sugar and Industries Ltd owns Chettichavadi Jaghir Magnesite and Dunite mines. 

The mine lease was in operation from 1976 through 2019 without obtaining environmental clearance, the department of geology and mining, Tamil Nadu, stated. 

The lease is not valid and does not come under the deemed extension of mine lease validity, as the project proponent does not fulfil the required conditions, the department further submitted. 

Stone quarrying in Mahoba causing noise and air pollution

The NGT August 8, 2022, ordered Uttar Pradesh Pollution Control Board (UPPCB) and the district magistrate, Mahoba, to look into illegal stone mining in Mahoba district in Uttar Pradesh. 

A joint committee of the pollution body and the DM was told to submit a factual report. 

UPPCB was not taking action against the miner for causing pollution, a plea filed by one Kamlapat had alleged in NGT. The applicant also claimed blasts were happening in the mine night and day, causing noise and air pollution and other violations damaging the environment.

The applicant also said dust was accumulating on agricultural fields and stones were also coming down from hilly tracks to agricultural fields due to the violations.

Illegal encroachment near a pond in Jalaun district, UP

The NGT has ordered the removal of illegal encroachment near a pond in Kadaura town, Jalaun district, in Uttar Pradesh. 

It was hearing a plea by one Pushpendra Kumar August 5, 2022, who submitted that encroachments near Sadar Bazar main pond were still continuing even after repeated court orders and the situation had further deteriorated.

NGT directed the district magistrate of Jalaun and executive officer of Nagar Panchayat, Kadaura to take remedial action to restore the main pond by removing squatters. They were also asked to appear in person on the next hearing date, October 11, 2022, with their action-taken reports.

Mobile towers in green belts near Greater Noida residential area 

A homeowners’ association in UP has pled to the NGT that permission for the construction of mobile towers in green belts near their society is quashed. 

Gaur Atulyam Apartment Owners Association filed the application under Section 14 of the National Green Tribunal Act, 2010. The plea said permission had been granted by Greater Noida Industrial Development Authority (GNIDA) for mobile tower construction in green belts.

The applicant has requested the allotment letter issued July 5, 2022, in favour of M/s Indus Tower Ltd, allowing construction to be quashed.

The NGT directed GNIDA and Indus Tower to file their response within 10 days and listed the matter for August 16, 2022.

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