A weekly round-up of development in environmental law jurisprudence.

Nominal Index

1.In Re: News Item published in Newspaper The Hindu, dated 26.06.2023 titled “One dead, 35 injured after ammonia leak in Bihar dairy”

2.Syed Riyaz v. Union Territory of J&K & Ors

3.Bhoma Ram Mali &Ors. V. State of Rajasthan&Ors.

4.D. K. Puri v. Govt. of NCT of Delhi & Ors

5.Wildlife Society of Odisha v. State of Odisha & Ors.

1.Bihar Gas Leak Tragedy: NGT Forms Committee To Submit Report Regarding Allegations And Determine Compensation

Case Title: In Re: News Item published in Newspaper The Hindu, dated 26.06.2023 titled “One dead, 35 injured after ammonia leak in Bihar dairy”

The Eastern Bench of the National Green Tribunal (NGT) has constituted a three-member committee to submit a report regarding the allegations of a leakage of an ammonia gas cylinder at a dairy in Bihar’s Hajipur on June 25.

2.NGT Directs State PCB To Take Action Against Brick Kilns Operating Without Consent Order In J&K’s Budgam

Case Title: Syed Riyaz v. Union Territory of J&K & Ors

The principal bench of National Green Tribunal (NGT) has directed State PCB to take action against Brick Kilns operating without the consent order in Jammu & Kashmir’s Budgam.

The bench of Acting Chairperson Justice Sheo Kumar Singh and Dr. A. Senthil Vel said, “State PCB is directed to take action in accordance with rules and ensure that brick kilns must be brought within the ambit of the consent conditions and brick kiln which are in operation without the consent of State Pollution Control Board, must be taken seriously and action be initiated in accordance with the law. However, orders of the High Court be complied with as applicable.”

3.NGT Imposes Rs.65 Lakh Cost On Pokaran Municipal Board For Discharging Untreated Sewage Into Jaisalmer Farmer’s Land

Case Title: Bhoma Ram Mali &Ors. V. State of Rajasthan&Ors.

The National Green Tribunal (NGT) has imposed an environmental compensation of Rs. 65,75,000 on the Municipal Board, Pokaran for discharging untreated sewage, which damaged agricultural land of farmers in Rajasthan's Jaisalmer district.

The bench of Justice Sudhir Agarwal and Dr. Afroz Ahmad said, “the law is well settled that no discharge of untreated sewage is permissible in any stream unless requisite treatment is made and the water quality is improved as per the prescribed standards under the provision of Water Act, 1974 and if any person commits, breach, besides acting under Water Act, 1974, it is also liable to pay environmental compensation on the principle of Polluter Pays.”

4.Consider Replacement Of 15 Years Old Diesel Generators: NGT To Delhi Pollution Control Committee

Case Title: D. K. Puri v. Govt. of NCT of Delhi & Ors.

The National Green Tribunal (NGT) has asked the Delhi Pollution Control Committee (DPCC) to consider the replacement of 15-year-old Diesel Generator (DG) Sets in order to control the level of noise pollution in the city.

The bench of Acting Chairperson Justice Sheo Kumar Singh, Justice Arun Kumar Tyagi, Dr. A. Senthil Vel, said “we direct the DPCC to periodically monitor the parameters of noise and air pollution in the area and in case of violation, necessary action be initiated according to the Rules. Further, DPCC need to consider replacement of 15 years old DG Sets, relocation of DG Sets and using cleaner fuel…”

5.NGT Issues Notice To Centre On Plea Challenging Odisha’s Deomali Eco-Tourism Complex Construction

Case Title: Wildlife Society of Odisha v. State of Odisha & Ors.

The eastern zone bench of National Green Tribunal (NGT) has issued notice to centre and Odisha government on application challenging construction of Deomali Eco-Tourism Complex without Environmental Clearance in Odisha.

Wildlife Society of Odisha through Advocated Sankar Prasad Pani has filed an application challenging the ongoing large scale permanent construction work of Deomali Eco-tourism Complex in Deomali Hill, stated to be a forest land under Semiliguda Forest Range in Koraput Forest Division.