Inspect polluting industries: National Green Tribunal

NOIDA: The National Green Tribunal on Tuesday ordered the inspection of nearly 1,000 industries in UP for polluting the Ganga by releasing untreated effluents into its waters.

The principal bench of the tribunal has directed Central Pollution Control Board (CPCB), UP Pollution Control Board (UPPCB) and National Ganga River Basin Authority to jointly conduct these inspections.

The bench issued the order on Tuesday after UPPCB submitted a list of 956 industries that are polluting the Ganga and its tributaries. These units mostly include tanneries, paper pulp manufacturing units, pesticide and chemical units, sugar mills and distilleries, among others.

These industrial units will be inspected to determine if they have installed adequate functioning pollution control devices.
 
A report has also been sought by the tribunal on water requirements of these industries and their sources of water generation.

Courtesy: THE TIMES OF INDIA

National Green Tribunal Suspends Environmental Clearance for NTPC Thermal Power Plant in Karnataka

(14-03-2014) In a significant decision in the matter of M.P Patil Versus Union of India and ors (Appeal No 12 of 12), the Principal Bench of the National Green Tribunal (NGT) on 13-3-2014 suspended the Environmental Clearance granted by the Ministry of Environment and Forest on 25-1-2012 for setting up the 3x 800 MW Super Thermal Power Plant in Bijapur and directed that the Environmental Clearance  be reappraised and a fresh decision be taken as to whether the project should be granted Environmental Clearance or not.

The Environmental Clearance was challenged by Appellant M.P Patil, President of Parisara Raksana Seva Vedike before the National Green Tribunal  on several grounds which included wrong declaration with respect of the nature of land, R&R Plan not prepared and shared with the public, no proper EIA prepared and specifically no study on the Ambient Air Quality (AAQ)

Delivering the Judgment, the Bench headed by Justice Swatanter Kumar which comprised of Justice U.D Salvi, Prof A.R Yusuf, Dr Trivedi and  Dr G.K Pandey concluded that the Environmental Clearance was granted based on wrong declaration with respect to the nature of land i.e agricultural land with double crops were shown as barren and rocky land. In addition it concluded that the EIA report was faulty since no proper study was done on the impact due to

NGT DIRECTIONS :

 The NGT passed the following main direction:

 · The order dated 25th January, 2012 is hereby remanded to the MoEF to pass an order granting or declining environmental clearance to the project proponent afresh in accordance with law and this judgment. Till then, the said order shall be kept in abeyance.

 · The EAC shall visit the site in question, give public notice and hear the project-affected or displaced persons individually or in a representative capacity and then proceed to record its findings.

 · The EAC may impose such additional conditions to the order dated 25th January, 2012, as it may deem fit and proper, unless the EAC comes to the conclusion that the project ought not to be granted EC.

IMPORTANT FINDINGS AND OBSERVATIONS:

 The NGT in its judgment held :

‘A perusal of the satellite imagery appended by the EIA Consultant to the EIA Report on record does not support the contention of the NTPC that the major part of the project area is barren. Further the revenue documents as well as the photographs of the area placed on record by the Appellant clearly indicate that the area under reference is mostly agricultural land. Hence the plea taken by the NTPC for seeking EC for the project, i.e., “most of the area is barren” clearly indicates that the NTPC misled the EAC’ [Para 38]

39. From the above discussion, it can safely be concluded that the land in question is primarily not barren and rocky land, as informed by NTPC and there appears to be improper disclosure of facts on the part of the NTPC which remained unverified even till the stage of issuance of the EC. [Para 39]

ON R&R

The NGT held that the Public hearing and Environmental Clearance was granted without preparation of the Resettlement and Rehabilitation (R&R) plan which was required. The NGT held that

“…..R & R is an essential feature of any project which comes up for consideration before the competent authorities in accordance with the EIA Notification.

 ….It is, therefore, evident that the NTPC did not submit the R&R Plan as was required before EAC/MoEF at the time of appraisal of project and rather it was submitted about 5-6 months after the EC was accorded by MoEF which is clearly in violation of TOR conditions.

 Submission of such scheme, despite being so significant, had not been submitted by NTPC even after passing of the order of EC. [Para 44]

 A perusal of the documents placed on record by the NTPC leads one to observe that in the case of the Kudgi STPP, the NTPC R&R policy seems to be restricted to paper only and the ground reality is that the NTPC has not even bothered to prepare the list of project-affected persons although about two years have passed from the date of issuance of Land Acquisition notice [Para 54]

LOCATION OF AAQ MONITORING STATIONS:

 The downwind monitoring station would have given the actual prevailing AAQ level with respect to particulate matter, sulphur-di-oxide and oxides of nitrogen near human settlements. The data would have been helpful in providing the prevailing background pollution levels in the area, which is important to see the actual impact on the AAQ after the thermal power plant is in operation. Thus, the requirement of TOR has not been met by NTPC for reasons best known to it.

 On Public Consultation Process:

 The NGT held that:

“an appropriate R&R scheme was not available at the time of the public hearing. Also, the other objections raised at the public hearing were not properly answered during the public hearing. The Committee concluded that major issues had been noticed but it is evident that the nature and category of the land, location of monitoring stations, shifting of coal and deficiencies in the R&R plan were not dealt with in consonance with the TOR. The R&R plan, which was to be prepared within four months, in fact, had not been placed before the competent authorities at the time of consideration or even after the grant of the EC”

 Onus/ Burden  of Proof in environmental cases:

 Onus is not on the objectors to prove their objections by leading scientific evidence at that stage. It is the duty of the EAC to examine the worth of the objections raised and the consequences thereof. It was, in fact, for the NTPC to show that the various apprehensions of the objectors were not well-founded, and that the project is not likely to do any environmental damage or cause deprivation of the livelihood and income of the project-affected persons. The onus squarely lies upon the NTPC to bring the establishment and operation of the project within the ambit of balanced sustained development. [Para 87]

The judgment can be accessed at http://www.greentribunal.gov.in

Please go to the Judgment Section and look for M P Patil vers Union of India

Courtesy: National Green Tribunal

‘Ban on fresh mining, industries in Western Ghats still in effect’

Environment Ministry contradicts Moily’s statements

Contradicting the statements made by M. Veerappa Moily, the Union Environment and Forests Ministry informed the National Green Tribunal on Tuesday that orders banning fresh industrial and mining activities in the Western Ghats continued to stand.

The Centre had not withdrawn approval for the Kasturirangan panel report or subsequent orders implementing it, the Ministry said.

Mr. Moily, a day after he took over as Environment Minister, said the Kasturirangan report — on restricting and banning industrial projects and mining in the Western Ghats — would be implemented only after consultation with State Chief Ministers.

He was widely reported in the media as stating that he would write to the Chief Ministers asking for their views and then take a decision.

The petitioners, Goa Foundation, in an ongoing case before the tribunal, referred to the news reports through its lawyers Raj Panjwani and Rahul Chowdhury to demand a clarification from the government.

National Green Tribunal passes interim order after taking suo motu cognisance of newspaper report

Indian Institute of Technology, Madras, on Friday was restrained by the National Green Tribunal (NGT), Southern Bench, from felling trees on its campus until further orders.

The NGT passed the interim order after taking suo motu cognisance of a newspaper report published on December 28 highlighting the alleged felling of trees by IIT-M.

The Bench comprising its judicial member Justice M. Chockalingam and expert member Prof. R. Nagendran said from the reading of the report, it could be seen that IIT-M was handed over forest land in the 1950s with a condition that not more than 15 per cent of the forest should be cleared for the purpose of construction. But the condition had already been breached.

It also stated that for the purpose of new infrastructure facilities proposed by the institution, thousands of trees had been cut in the past and more trees might be cut in the future too.

Stating that the felling of thousands of trees could have caused irreparable damage to the environment, the Bench added that further damage should not be allowed. If trees were felled without proper sanction, the action had to be termed as illegal.

The Bench said, “The Tribunal is able to notice a prima facie case which warrants immediate intervention by granting an interim injunction restraining authorities of IIT, Madras, from cutting or felling trees on IIT campus until further orders.”

The Bench ordered notice to the director, IIT-M, secretary environment and forests, principal chief conservator forests and member secretary of Chennai Metropolitan Development Authority (CMDA).

The registry was directed to send copies of the order to them along with notices for appearance.

Courtesy: The Hindu

Arrested 120 persons for illegal sand mining: Government tells National Green Tribunal

Uttar Pradesh government has admitted before the National Green Tribunal that large scale illegal sand mining had been going on in Gautam Budh Nagar district of the state and said it has arrested 120 persons in this connection.

The State government also assured a bench headed by NGT Chairperson Justice Swatanter Kumar that it has decided not to grant any lease for mining of sand without clearance from the environment ministry or State Environment Impact Assessment Authority (SEIAA) as applicable.

The bench has directed UP government to “abide by its statement before the Tribunal and ensure that no illegal and unauthorised extraction of sand is permitted to be carried on in Gautam Budh Nagar district of the state.”

The tribunal also directed the SSP of Gautam Budh Nagar to be present before it on the next date of hearing with details of the theft of 80% of over two lakh cubic meters of illegally mined sand which had been seized by the authorities.

“He shall also produce complete list of owners of JVC bulldozers, tractors and trucks which were involved in these activities or were cause of other illegal mining,” the bench said and listed the matter on January 22, 2014.

The tribunal noted that since it is an admitted position that illegal and unauthorised mining had been carried on in Gautam Budh Nagar for a considerable period, “obvious result thereof is damage to ecology and environment”.

“It is more so when it is carried on, in the river bed as it may affect the course of the river and cause serious environmental problems and threat to public life,” the NGT said, adding it intends to examine the steps needed to be taken for restoration and if the persons responsible for such illegal mining are liable to pay compensation.

The NGT had on August 5, this year, banned sand mining without clearance in the beds and banks of rivers across the country.

The restraint on illegal sand mining was on August 14 extended to beaches also.

Courtesy: ibnlive.com

ibn link

Panel to check pollution in Puri

Under scanner of the National Green Tribunal (NGT), the Odisha Government has notified an eight-member panel, headed by Chief Secretary JK Mohapatra, which will examine the environmental issues affecting pilgrim town Puri.

The panel will shortly visit Puri and suggest strategies that need to be adopted for controlling the alarming levels of pollution in the town, particularly Swargadwar area as well as Sri Jagannath Temple.

The committee, which comprises Additional Chief Secretary of Housing and Urban Development Department, Secretary and Forest and Environment Department among others, will submit comprehensive remedial measures to the NGT before December 5.

Hearing an application, last month, the Tribunal had pointed out the shoddy environmental parameters of the famous tourist town basing on a report of the State Pollution Control Board.

While the high-level committee will look into waste management, including collection and treatment of sewage as well as garbage and propose its disposal in a time-bound manner, a major task entrusted to it is to evaluate if the local authorities can collect a fee from polluters as per ‘Polluter Pays’ principle.

A major task for the panel is to assess the unauthorised construction along the sea shore and also those falling within 500 metre from the high tide line defined under the Coastal Regulation Zone (CRZ). It will also report to the NGT what actions the Government has taken against the illegal constructions in the CRZ zone.

The panel will also assess if stacks can be provided in all cooking chullahs of the temple as well as the cremation grounds so that air pollution is controlled. Similarly, the possibility of establishment of a plant for disposal of bio-medical waste including remnants of cremated bodies will also be analysed by it.

In its report, the pollution board had found that quality parameters of water samples, drawn from Peja Nullah which drains the discharges from Jagannath Temple kitchen into the municipal drain, were way beyond the permissible limits.

Air quality of the town was found to have been affected by the smoke emanating from the cremation ground. Similarly, plastics constituted half of the municipal waste in the town, while sewage collection, treatment and disposal system at Banki Muhan is defunct.

Courtesy: The New Indian Express

NGT asks DPCC to inspect marble cutting units in Delhi

The National Green Tribunal today directed the Delhi Pollution Control Committee to carry out inspection in a north-west Delhi area and file a report on establishments engaged in marble cutting in residential areas.

It also asked the DPCC to report on the technology being used for marble cutting while stressing on precautions.

A bench headed by Justice P Jyothimani directed the DPCC to inspect Sector 4 in Rohini in northwest Delhi to ascertain the marble cutting units allegedly operating in residential areas there and also expressed concern over the risk of silicosis caused by stone dust.

“We make it clear that DPCC shall make inspection initially of Rohini Sector 4 and give its report on how many establishments engaged in marble cutting have been given licence and ways and means adopted by them…” the bench said.

The tribunal was hearing a petition filed by Raj Hans Bansal, who sought removal of shops illegally selling building material in the city’s residential areas and claimed that marble shops have been set up in residential areas in violation of laws as well as Delhi Master Plan.

The petitioner said the dust and fumes emanating from them are hazardous to the health of residents.

The bench also expressed concern that if marble cutting units are operating in residential areas, the dust so released can cause silicosis which, it said, cannot be cured.

It also inquired from DPCC if there is any better technology to carry out the cutting operation to avoid emission of dust and emphasised that it and the civic agencies concerned consider precautionary principle to avoid risks.

Meanwhile, the Municipal Corporation submitted a reply giving criterion on basis of which licence is given for commercial activities in notified regions within residential areas.

Bansal contended that “despite the prohibition contained in Master Plan 2021, various shops and establishments are selling building materials like marble, sand, bricks and concrete openly on road sides and vacant plots in residential areas.

Courtesy: Business Standard

45 categories of cases to go before green tribunal in Kerala

As many as 45 categories of cases, including the ones relating to assignment of land to Adivasis and encroachment of land in Munnar, have been ordered to be posted before the Chief Justice of the Kerala High Court Manjula Chellur for referring them to the National Green Tribunal (NGT).

The Supreme Court had ordered that all cases involving environmental issues, after the enactment of the NGT Act, be transferred to the tribunal. The apex court, issuing the directive, had observed that referring the cases to the NGT would help provide expeditious and specialised justice in matters concerning the environment. The court directed all High Courts to transfer such cases to the NGT.

A grouping cell of the High Court selected cases falling under various heads of environmental issues and grouped them in 45 different categories. They include encroachment of poramboke land, eviction, spreading/control of epidemic, biomedical waste disposal, digging of wells, and quarrying, etc.

Courtesy: The Hindu

Ghaziabad’s green areas being fast concretised

Ghaziabad’s civic and development bodies seem obsessed with concretising the city’s green areas, environmentalists say.

Defying strictures of the National Green Tribunal (NGT) on a petition filed against the reckless and indiscriminate concretisation of the city’s open, soft and green areas, the Ghaziabad Municipal Corporation is fast concretising the soft areas in both residential and commercial hubs, environmentalists point out.

The NGT had on Sep 25 asked the environment and forests ministry to make its position clear on whether concretisation works come under the purview of Area Development Projects under Category 8(B) of the Environment Impact Assessment Notification and require prior environment clearance. The tribunal passed the order after the petitioner submitted that concretisation, being done on the pretext of area development, was critically endangering the urban environment.

With unabated concretisation carried out in the city for the last four years, the municipal corporation has almost virtually concretised the whole of Raj Nagar, once an extensively vegetated and green area. Vegetation outside the residential plots was uprooted to lay down cemented and interlocking tiles, an issue that has also been raised in the petition.

“The corrupt agencies and its councillors have no respect for the court of law. They are simply blind with amassing more and more from commissions from the favoured contractors. Not a single centimetre has been left soiled and soft in Raj Nagar, for instance,” said petitioner Akash Vashishtha, an environment conservationist.

“I have been constantly calling up the Municipal Commissioner and principal secretary and have even told the chief minister’s office, but even they are not responding. It seems they all are united in this deliberate damage to the environment,” Vashishtha added.

The concretisation along soft roadsides is continuing despite the Uttar Pradesh chief secretary barring this permit the recharge of ground water.

The urban development ministry had September 23 issued advisories to all states and union territories prohibiting concretisation of soft roadsides and permitting pavements only on the stretches with heavy pedestrian traffic.

The civic body has its own story to tell.

“Tenders that had been awarded in the past are being executed. No new tenders are being considered for concretization. Areas that had been dug up are being filled with river sand and tiles are then being laid. It is being done in view of increasing traffic on the roads. The narrow roads built earlier are unable to bear such a heavy load of traffic” Praveen Chaudhary, the councillor of ward 53, told IANS.

Municipal Commissioner R.K. Singh spoke in the same vein, adding: “We are looking into it. The officers have been asked not to violate NGT instructions.”

Courtesy: mizo news

Govt may clip green tribunal’s wings

The war of words between the judiciary and the government can turn murkier as the government is looking at clipping the wings of the National Green Tribunal (NGT) to check its environmental activism. The environment ministry had to hurriedly notify the recommendations of the Kasturirangan panel on the Western Ghats angering the state government, which claimed that they were not consulted before making 37% of the bio-diverse rich zone as an ecologically sensitive area.

Number of activities including mining and construction of new townships has been banned in the sensitive area.

The ministry came out with the new rule fearing that the tribunal may take an adverse view as it has sought ministry’s clarification on the two expert panel reports.

A senior ministry functionary felt that the NGT was giving them a policy direction on decide on the two reports. “It is over-stepping its jurisdiction,” the functionary said, adding that the NGT Act gives powers to the tribunal to adjudicate only under the seven environmental laws listed in schedule one.

The NGT had also questioned the ministry’s prerogative on two stage process for issuing statutory environment and forest approvals. The first stage is in principle approval for initial work including preparing environment impact assessment report and the second is final approval. The tribunal had said that the two stage approval process was not in conformity with law.

Both the Apex Court and the NGT had taken the government to task for trying to prevent enforcement of environmental laws, forcing the government to look at ways to tame the activism.  “We are looking at revising the NGT rules to bring in more clarity on functioning of the tribunal,” a government functionary said. The rules were framed when Jairam Ramesh was the environment minister and provides a lot of flexibility to NGT chairperson to administer the tribunal. An issue of concern for the government is that in some benches, there are more judicial members than expert members. NGT is hearing applications for removal of debris and illegal construction from Yamuna floodplains.

Some of the other Delhi-specific cases being heard by the tribunal include: construction of elevated roads and waste disposal among others.

Courtesy: hindustan times