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10 January 2025

Environment_ESG | November 2024 - National Green Tribunal Judgements/Orders

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NGT in Noble M. Paikada vs. Union of India and Ors. has directed that the Environmental Clearances ("ECs") granted at the district level by District Environment Impact Assessment Authorities...
India Andhra Pradesh Delhi Haryana Himachal Pradesh Punjab Rajasthan Uttar Pradesh Environment

NGT directs reappraisal of district level Environmental Clearances granted for mining leases

NGT in Noble M. Paikada vs. Union of India and Ors.1 has directed that the Environmental Clearances ("ECs") granted at the district level by District Environment Impact Assessment Authorities ("DEIAAs") should be reappraised by the State Environment Impact Assessment Authorities ("SEIAAs") at the state level by November 7, 2024. The direction was passed in an application challenging the validity of Office Memorandums ("OMs") dated November 3, 2023 and March 15, 2024 which extended the validity of the ECs granted by DEIAA. The applicant argued that these OMs contradicted the judgements of Supreme Court and NGT. NGT considered the legal development of the amendments to the Environment Impact Assessment Notification, 2006, in 2016 which allowed DEIAAs to grant ECs for mining projects with area less than 25 ha (twenty-five hectares) without public consultation. This was deemed inconsistent with the judgement of the Supreme Court, which mandated stricter environmental assessments for mining activities. NGT had previously directed that such procedures be aligned with the directions of the Supreme Court and all ECs granted between January 15, 2016 and December 11, 2018 must be reappraised by the SEIAAs by November 7, 2024. It further directed that in cases where the reappraisal is not completed within this period, the mining operation will cease. MoEF was also directed to issue revised guidelines to ensure compliance with the directions issued by the Supreme Court and NGT.

NGT orders investigation into unauthorised occupation of public land and waste burning in Mohali

NGT in Sudhir Kumar vs. State of Punjab2 took suo motu cognisance of a letter petition regarding unauthorised waste burning by migrants on public land. The petitioner highlighted that the burning of scrap was causing significant smoke emissions, leading to respiratory and other health issues for the residents. The letter further alleged that no action had been taken by local authorities despite multiple complaints. NGT noted the lack of specific details in the complaint, such as the identification of the violators and precise locations of the alleged activities. However, recognising the potential environmental and health impacts, the NGT directed the District Magistrate of Mohali (S.A.S Nagar) and the Punjab Pollution Control Board ("PPCB") to jointly visit the site to verify the claims of environmental law violations. They were instructed to take remedial, preventive and other necessary actions within 1 (one) month if any violations were found.

NGT directs Himachal Pradesh to improve sanitation and environmental management for Manimahesh Yatra

NGT in President (Shiv Nuala Committee) vs. State of Himachal Pradesh3 directed the State of Himachal Pradesh to take steps for improving the sanitation and environmental management for Manimahesh yatra. The order was passed in a suo motu application registered based on a letter from the President of the Shiv Nuala Committee, highlighting the environmental issues caused by the influx of pilgrims during the Manimahesh Yatra in Chamba, Himachal Pradesh. The letter pointed out the lack of adequate toilet facilities, unregulated commercial activities, and the resultant environmental damage. NGT constituted a joint committee comprising the District Magistrate, Chamba, the Himachal Pradesh State Pollution Control Board and the Divisional Forest Officer, Chamba, to investigate the issues raised in the application. The report filed by the joint committee revealed that the existing 204 (two hundred and four) temporary toilets were insufficient for the approximately 6,00,000 (six lakh) pilgrims. It also noted the presence of commercial activities along the yatra route without proper permissions, contributing to the environmental degradation. The report further noted the need for better waste management practices and the regulation of commercial activities to protect the eco-sensitive zone. NGT directed the State of Himachal Pradesh to implement the recommendations of the joint committee. These include increasing the number of toilets, enforcing waste segregation at source and regulating commercial activities through a transparent process. NGT also emphasised the need for an annual assessment of the carrying capacity of the trek route and the implementation of an online registration system for pilgrims. The Chief Secretary of Himachal Pradesh was instructed to ensure compliance with these recommendations and submit a report.

NGT seeks response from authorities on news article claiming presence of heavy metals in PM 2.5 in East Delhi

NGT in a suo motu application titled 'Heavy metals in PM 2.5 New Study reveals air quality concerns in East Delhi'4 has sought response from authorities on article claiming the presence of heavy metals in PM 2.5 in East Delhi. The application was registered based on newspaper article about a study conducted by the Indian Institute of Technology, Delhi revealing severe heavy metal pollution in East Delhi's air, raising significant health concerns. As per the news item, the study detected alarming levels of heavy metals such as lead, cadmium and nickel in the air. In East Delhi district, chromium, copper, zinc, molybdenum and lead were the major heavy metals found in PM2.5. The news item states that the study formulated the heavy metal exposure index in East Delhi (part of a mega city), Jaisalmer (desert), Ludhiana (industrial city), Visakhapatnam (coastal), Panchkula and Patiala. The news item claims that the primary sources of these pollutants include industrial emissions, vehicular exhaust and construction activities. Furthermore, the presence of heavy metals poses serious health risks, particularly to vulnerable populations such as children and the elderly. NGT impleaded the Delhi Pollution Control Committee, PPCB, Central Pollution Control Board ("CPCB"), MoEF, District Magistrate, East Delhi and District Magistrate, Ludhiana and directed them to file responses to the issues raised in the article.

NGT proposes action against officials responsible for making false statements in respect of concretisation of trees in Noida

NGT in Vikrant Tongad vs. State of Uttar Pradesh5 addressed the issue of continued concretisation around trees in Noida. The applicant argued that despite previous orders, the Noida Authority had not removed the concretisation and had made false statements to the NGT to obtain favorable orders. NGT considered the photographs presented by the applicant, showing ongoing concretisation around trees in various locations such as Noida Golf Course, Hosiery Complex Phase-II and certain sectors of Noida. NGT noted that the Noida Authority had indeed made false statements in their replies, which were misleading and resulted in the rejection of the applicant's stay application. NGT directed the Chief Executive Officer of Noida and the Deputy General Manager (Work Circle) of Noida, who signed the misleading reply, to appear personally before it to explain why they should not be prosecuted for making false statements and misrepresentation. NGT emphasised the seriousness of the issue, highlighting that the false statements had led to judicial orders being obtained under false pretence.

NGT orders investigation into pollution by pyrolysis industry in Andhra Pradesh

NGT in Thota Surya Prakash Reddy vs. State of Andhra Pradesh6 took suo motu cognisance of a letter petition highlighting severe pollution caused by Sri Raghvendra Swamy Pyrolysis Industry in Akuledu village, Ananthapuramu District, Andhra Pradesh. The petitioner reported that the industry was emitting poisonous gases and foul smells, leading to respiratory problems, eye irritation and other health issues among local residents. NGT formed a joint committee comprising the Andhra Pradesh Pollution Control Board and the District Magistrate of Ananthapuramu to verify the claims and gather factual data. NGT directed the said joint committee to visit the site, collect relevant information and submit a factual report to the Registrar of the Southern Zone Bench of the NGT within 2 (two) months.

NGT seeks report on illegal tree felling for solar plant in Rajasthan

NGT in Ganeshdan Beetu vs. State of Rajasthan7 took suo motu cognisance of a letter petition alleging that Ayana Renewable Power Private Limited was cutting down khejri trees illegally at night and selling the wood to nearby factories. NGT noted that similar issues had been addressed in previous cases, where illegal tree felling by solar companies in Rajasthan was found to be a significant environmental concern. NGT had previously directed the planting of ten times the number of trees cut and imposed fines on the violators. In this case, the NGT constituted a joint committee comprising the District Magistrate of Bikaner, the Rajasthan State Pollution Control Board, a representative from the Central Arid Zone Research Institute and the Principal Chief Conservator of Forests, Rajasthan, to investigate the matter.

NGT seeks response on application alleging notification of e-tender for riverbed sand mining without district survey report

NGT in Yadram Singh vs. District Magistrate, Hamirpur and Ors.8 has sought response from the District Magistrate, Hamirpur, on an application challenging the notification of e-tender for riverbed sand mining for various sites in Hamirpur, Uttar Pradesh. The applicant alleged that e-tenders are issued in absence of District Survey Report ("DSR") in Hamirpur district. The applicant claims that the DSR prepared in 2017 expired in 2022 and during the validity of the DSR an amendment was made in February 2019 which also expired in February 2024. Subsequently, no DSR has been prepared for district Hamirpur. NGT directed the state authorities to respond to the allegations raised by the application.

NGT seeks response on application challenging the approval of DSR of districts Banda, Basti and Shamli by Uttar Pradesh SEIAA without conducting replenishment study

NGT in Yadram Sing vs. SEIAA, UP and Ors.9 has directed the State authorities to respond to the allegations raised in the application challenging the approval of DSRs of districts Bandi, Basti and Shamli by Uttar Pradesh SEIAA. The applicant alleges that the DSRs have been approved without conducting any replenishment study and the study mentioned in the DSR has been undertaken mechanically without conducting any study. NGT issued notice to the State respondents and directed them to file responses on the allegations raised in the application.

NGT seeks response of State authorities in Haryana on allegations regarding sale of Aravalli Forest for mining

NGT registered a suo motu case based on news item titled "Notified Aravalli forest portion sold for mining"10 published in the Times of India on September 15, 2024. The news report alleged that 506 (five hundred and six) acres of the Aravalli tract in Rajawas village, Mahendergarh, Haryana was declared as 'protected forest' under the Forest (Conservation) Act, 1980 ("FCA") on July 20, 2023. This designation was part of a compensatory afforestation effort intended to offset environmental damage from a major infrastructure project in Great Nicobar, which had resulted in the loss of a million trees. However, on the same day, 119.5 (one hundred and nineteen point five) acres of this land was auctioned for mining and a company was awarded a 10 (ten) year lease to quarry stones and operate stone crushers. The article alleged that the mining department is unaware of the notification of the land as a protected forest, while forest officials confirmed that a no objection certificate has not been issued for mining in the protected area. NGT impleaded the Inspector General of Forest, MoEF, and the Principal Chief Conservator of Forests, Haryana, Haryana State Pollution Control Board, CPCB and District Magistrate, Mahendergarh for filing their responses on the claims made in the article.

Footnotes

1 O.A. No. 370 of 2024. Judgement dated October 22, 2024.

2 O.A. No. 989 of 2024. Order dated October 21, 2024.

3 O.A. No. 689 of 2024. Order dated October 18, 2024.

4 O.A. No. 1233 of 2024. Order dated October 16, 2024.

5 O.A. No. 363 of 2022. Order dated October 17, 2024

6 O.A. No. 984 of 2024. Order dated October 16, 2024.

7 O.A. No. 834 of 2024. Order dated October 14, 2024.

8 O.A. No. 1215 of 2024. Order dated October 14, 2024.

9 O.A. No. 1220 of 2024. Order dated October 14, 2024.

10 O.A. No. 1203 of 2024. Order dated October 1, 2024.

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