Tag: NGT

Pollution by textile printing industries: NGT directs Rajasthan to pay Rs 100 cr compensation

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New Delhi: The National Green Tribunal has directed Rajasthan to pay an interim compensation of Rs 100 crore for damage to the environment, including pollution of the Dravyavati river, caused allegedly by textile printing industries in the Jaipur district.
The NGT also formed a 10-member joint committee to plan and oversee remedial action and said the compensation amount has to be utilised for restoration of the environment.
The NGT was hearing two petitions claiming violation of environmental norms by the industries which adversely impacted the water quality of the river.

A bench of chairperson Justice A K Goel noted a report by a panel constituted earlier and said it presented a “dismal picture” of the area. The industrial siting was faulty, most industries were located in the non-conforming areas and industrial effluents were being discharged into the Dravyavati River and Chandalai and Nevta dams.
The bench, also comprising judicial member Justice Sudhir Agarwal and expert members A Senthil Vel and Afroz Ahmad, said industrial operations had caused damage to the feeder canals, the river and dams, and the report did not mention the groundwater quality of Dravyavati river.
“There is no assessment of damage to soil and agriculture. The Dravyavati River restoration project costing Rs 1,676.93 crores lacks a holistic approach in absence of information about water quality and the degree of treatment required by sewage treatment plants (STPs)/ common effluent treatment plants (CETPs) and the report does not mention progress of formulation and execution of action plan for Sanganer critically polluted area,” the bench said.
It said the state of affairs was “utterly unsatisfactory” and it appeared that there was “no environmental rule of law in the area”.
“This calls for emergent action in a mission mode at a higher level to remedy the situation and to fix accountability for such failure of the administration in collusion with law violators,” the bench said.

It said higher authorities in the state have to rise to the occasion to protect the environment and public health instead of being “mute spectators as appears to be unfortunately happening”.
The green panel said, “We consider it appropriate to fix interim compensation of Rs 100 crore to be paid by the state of Rajasthan by way of deposit in a separate account, with the liberty to recover the amount from the violating units and erring officers.”
Directing the deposit to be made within two months, the tribunal said the amount had to be utilised for restoration of the environment in the area as per a plan which may be prepared.
The tribunal fixed the compensation for the damage to the environment in terms of deterioration in water quality of Dravyavati River, Chandalai and Nevta Dams, damage to soil and agriculture by trade effluents, non-functional CETP, inadequate functional STPs, violation of Hazardous Other Wastes (Management and Transboundary Movement) Rules and extraction of groundwater without permission.
The compensation was also fixed in terms of the estimated rough cost of remediation “on the most conservative estimate” and a rough estimate of the financial capacity of around 1,000 violating units and the cost of management of sewage.
The tribunal also constituted a 10-member committee headed by the state’s Chief Secretary for planning and overseeing remedial action in the interest of protection of the environment and upholding of rule of law.
“The committee may meet within two weeks and prepare an action plan and such action plan be executed within the shortest possible defined time frame to prevent further degradation of the environment by closing all non-compliant units and evolving mechanism for assessment and recovering compensation preferably within three months ,” the tribunal said.
Directing the panel to submit an interim action taken report within three months, the tribunal posted the matter for further proceedings on July 18.
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#Pollution #textile #printing #industries #NGT #directs #Rajasthan #pay #compensation
( With inputs from www.siasat.com )

April 19, 2023
Congress slams govt after NGT forms panel to revisit environmental nod to Nicobar project

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New Delhi: The Congress on Friday attacked the Centre over the National Green Tribunal constituting a committee to re-examine the environmental nod to the Great Nicobar Island project, alleging that the Modi government has embarked on “ecocide” and what is being pushed through is an “ecological nightmare”.
The National Green Tribunal has constituted a high-powered committee to re-examine the environmental clearance granted to the Andaman and Nicobar Islands Integrated Development Corporation (ANIDCO) for the multi-component mega project in the Great Nicobar Island.
Alongside the development of an international container transhipment terminal, the project also involves the construction of a military-civil dual-use airport, a gas-, diesel- and solar-based power plant, and a township.

Tagging a media report on the committee’s constitution, Congress general secretary and former Union environment minister Jairam Ramesh said, “When we are applauding 50 years of Chipko Andolan and Project Tiger and 40 years of the historic decision to protect Silent Valley, the Modi government has embarked on ecocide in Great Nicobar.” “What is being pushed through is an ecological nightmare,” Ramesh said.
The National Green Tribunal was hearing appeals against forest clearance and environmental clearance provided to the project proponent ANIDCO. On January 11, it had sought a response from the Union Ministry of Environment, Forest and Climate Change and the project proponent.
A bench of chairperson Justice AK Goel along with judicial members Justice Sudhir Agarwal, Justice B Amit Sthalekar and Justice Arun Kumar Tyagi said there was a need for adequate studies on the adverse impact on coral reefs, mangroves, turtle nesting sites, bird nesting sites, other wildlife, of erosion, disaster management and other conservation and mitigation measures.
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( With inputs from www.siasat.com )

April 8, 2023
NGT asks report on plea alleging illegal groundwater extraction

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New Delhi: The National Green Tribunal (NGT) has sought a factual report from a panel on alleged illegal extraction of groundwater by Mitsui Kingzoku Components India Private Ltd. in the industrial town of Bawal in Rewari district of Haryana.
The Central Ground Water Authority (CGWA) had already designated the area as “over exploited,” according to a petition before the NGT that claimed the project proponent (PP) was in violation of the terms of the ‘No Objection Certificate’ (NOC), which specified the amount of groundwater to be removed.
According to the applicant, NOC was granted to the PP by the ground water authority for groundwater abstraction up to 30m3/day and not exceeding 18,000 m3/year.
According to the petition, the tribunal’s earlier judgement from November 2022 directing the CGWA to take corrective action against non-compliance by the PP, including recovering compensation equal to 0.5 per cent of the project cost, was not followed, a bench of Chairperson Justice A. K. Goel observed.
The applicant has also referred the RTI reply dated October 6, 2020, such that the unit is not complying with the condition on which ground water extraction has been permitted.
The tribunal then directed that the report be submitted within two months.
“We find it necessary to require a factual report in the matter from a joint Committee of CGWA, central pollution control board (CPCB), State pollution control board (PCB) and District Magistrate, Rewari,” the bench, which also included Justice Sudhir Agarwal and Justice Arun Kumar Tyagi as well as A. Senthil Vel, an expert member, said.
The court scheduled the matter for the next hearing on July 10.

The state PCB will be the nodal agency for coordination and compliance, the bench noted.
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( With inputs from www.siasat.com )

March 9, 2023
HC stays NGT order allowing pruning of trees in south Delhi

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New Delhi: The Delhi High Court has stayed an order of the National Green Tribunal permitting pruning of trees in the city’s Vasant Vihar area.
Justice Najmi Waziri issued notices to the city authorities, including the Delhi government and the tree officer concerned, on a petition challenging the NGT order and said that further pruning in the area shall be kept in abeyance.
Senior counsel for the petitioners contended that pruning in the present case was illegal as it could be done only with strict permission of the tree officer and not on general guidelines and that extensive damage has been caused to trees in the area, which has set back the greenery by a decade.
“A more detailed assessment of the activity done by the RWA (resident welfare association) needs to be carried out. Further pruning in the area concerned has to be stopped right away…further pruning in the area shall be kept in abeyance,” said Justice Waziri in a recent order.
The court appointed lawyer Aditya N Prasad as amicus curiae and asked him to assess the situation at site and assist it in the matter.
The court also called for a fresh affidavit by the tree officer and said he can issue further orders in the matter if necessary.
The petitioners, Dr Sanjeev Bagai and others, said that under the Delhi Preservation of Trees Act, 1994, the essential part of the preservation is that a tree should not be damaged in a manner which would impede its growth or otherwise severely affect its re-growth and regeneration.
It was stated that any woody plant which has a height of 30 cm and a trunk diameter of not less than 5 cm is considered a “tree” and is to be protected under the Act.

In the present case, it was argued, quite a few trees have been lopped off and approximately 800 trees have been pruned in violation of the law.
The matter would be heard next on March 10.
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#stays #NGT #order #allowing #pruning #trees #south #Delhi
( With inputs from www.siasat.com )

March 5, 2023
NGT asks Delhi govt to pay Rs 2,232 cr fine for improper waste management

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New Delhi: The National Green Tribunal (NGT) has directed the Delhi government to pay Rs 2,232 crore as environmental compensation for improper waste management.
The tribunal observed that compliance with environmental norms on waste management has to be accorded the priority it deserves and it is high time that the authorities concerned realised their duty to the law in this regard and citizens.
Taking note of a report submitted by the Delhi chief secretary, a bench headed by NGT Chairperson Justice AK Goel said there were gaps in the management of solid and liquid waste in the national capital.
“On the pattern of compensation awarded in respect of other states (at the rate of Rs 2 crore per million litres per day (MLD) of untreated sewage and Rs 300 per tonne of untreated legacy waste), a compensation of Rs 3,132 crore is liable to be levied on the Delhi government — Rs 990 crore for solid waste and Rs 2,142 crore for liquid waste,” the bench, also comprising judicial members Justice Sudhir Agarwal and Justice Arun Kumar Tyagi, along with expert members A Senthil Vel and Afroz Ahmad, said.
Deducting the compensation for solid waste already levied (Rs 900 crore), the remaining amount of Rs 2,232 crore has to be paid by the city government on the “polluter pays” principle, the bench said.
It said the amount has to be used for tackling the “emergent situation prevailing in Delhi, posing danger to the safety of the citizens,” and for remedying the continuing damage to the environment.
“This payment will be the responsibility of the chief secretary, Delhi and the payment be made within one month and credited to a separate ring-fenced account,” it said.
The tribunal had, in October last year, directed the Delhi government to pay Rs 900 crore as environmental compensation, following which the authorities concerned had filed a review petition.

“The issue of emergency situation of failure to tackle legacy waste as per the Solid Waste Management Rules, 2016 was earlier considered by this tribunal…whereby liability for compensation for failure to scientifically handle solid waste was determined at Rs 900 crore,” the bench said.
It said the review applications filed by the Delhi government were being disposed of through separate orders and the earlier amount of Rs 900 crore will now have to be paid with the additional amount of Rs 2,232 crore.
“The total amount liable to be paid is Rs 3,132 crore,” the bench said.
It said the Delhi government could formulate a plan to raise the requisite funds from the generators or contributors of waste or by any other legal means.
It said as the situation of non-compliance with the municipal solid waste (MSW) rules remained “untackled” despite monitoring by the Supreme Court for 18 years and by the tribunal for around nine years, the monitoring will now have to be done at the highest level of the Delhi government.
Such a monitoring mechanism has to be on the pattern of the Yamuna Monitoring Committee, envisaging weekly reviews with defined targets and accountability, the tribunal said.
“Accordingly, we constitute a solid waste monitoring committee to be headed by the lieutenant governor of Delhi,” it added.
The committee would also have the chief secretary, the secretaries of various Delhi government and central ministries, the DDA vice-chairman, the director general of forest, the Central Pollution Control Board (CPCB) chairman, the Municipal Corporation of Delhi (MCD) commissioner and the jurisdictional district magistrates and deputy commissioners of police, the tribunal said.
“The committee will deal with all issues relating to solid waste management, including setting up new waste-processing facilities, augmenting the existing waste-processing facilities and a remediation of the legacy waste sites,” it said.
Regarding liquid waste management, the green panel said the gap in the generation and treatment and utilisation of sewage has to be bridged.
It said the sanctity and significance of natural stormwater drains should be maintained and these drains should not serve as sewage carriers.
Noting that of the 530 million gallons per day (MGD) of treated sewage, 267 MGD is being returned to the Yamuna, the tribunal said the treated sewage has to meet the water quality requirement of the river.
“There is a need to enhance the capacity for utilising treated water. The high-level committee to monitor the rejuvenation of the Yamuna may explore the possibility of hiring bulk users so that treated effluents can be utilised,” the NGT said.
It said sewage (treated or untreated) must be prevented from entering drinking water resources and instead, utilised for non-potable purposes, such as agriculture and industry.
“It is seen that the utilised capacity of sewage treatment plants (STPs) of 632 MGD capacity is only 530 MGD and standards of water quality are not always met. This aspect needs to be looked into on a continuous basis by a centralised mechanism, which may be set up preferably within a month,” the tribunal said.
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( With inputs from www.siasat.com )

February 17, 2023
NGT directs Chennai Corporation to work against dumping of sewage

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Chennai: The National Green Tribunal’s (NGT) Southern Bench has directed the Greater Chennai Corporation (GCC), Chennai Metrowater authority and other local bodies to take stringent action against dumping of sewage in open water sources.
The NGT directed these bodies to stick to the guidelines framed by the Tribunal for sewage treatment plants in Chennai on removal of septage from unsewered areas. It also directed the local bodies to regulate the movement of sewage tankers under local body limits.
The guidelines of the NGT were framed by Judicial member, Justice Pushpa Satyanarayanan and expert member, Dr Sathyagopal Korlapati under the Municipal corporation, Municipalities and the Chennai Metropolitan Water Supply and Sewage Act of 1978 along with the GO of January 2, 2023.
The issue of private tankers dumping sewage into open water sources comes under the purview of the guidelines formulated by the NGT. In its study, it also looked into whether the infrastructural development matched with the expansion of the city.
Talking to IANS social activist R. Ashok Kumar said: “NGT is doing a great job in curtailing the menace of trucks dumping sewage in water bodies and untreated sewage being dumped by companies into water bodies. However it has to be seen whether the Greater Chennai Corporation and other local bodies conduct stringent monitoring. Ultimately at the execution level, it is the local bodies which have to act.”
The NGT had earlier constituted a joint committee comprising of District Collector, TNPCB Chairman, PWD’s Superintending engineer and a GCC official to look into possibilities of tracking vehicles licensed to transport sewage.
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( With inputs from www.siasat.com )

February 16, 2023