Environmental Law Weekly Round-Up [ 17- 23 April, 2023]

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

Nominal Index

1. In re : news item published in the Newspaper The Hindu dated 02.10.2022 titled “Over 6,000 trees illegally cut for tiger safari project in Corbett Reserve, says FSI report”
2. Wildlife Society of Orissa v. State of Odisha & Ors
3. Manoj Kumar Rai v.State of Uttar Pradesh
4. Raja Muzaffar Bhat v. Union Territory of Jammu & Kashmir & Ors.
5. Salman Qasmi v. State of Rajasthan
6. Anil Mehta v. State of Rajasthan & Ors.

National Green Tribunal

1. Illegal Felling Of Trees In Corbett Tiger Reserve: NGT Directs MoEF & CC To File Action Taken Report

Case Tile:In re : news item published in the Newspaper The Hindu dated 02.10.2022 titled “Over 6,000 trees illegally cut for tiger safari project in Corbett Reserve, says FSI report”

The principal bench of National Green Tribunal (NGT) has directed the MoEF & CC to file an action taken report in the matter of felling 6000 trees illegally in Corbett Reserve .

The bench of Justice Adarsh Kumar Goel(Chairperson), Justice Sudhir Agarwal, Dr.A Senthil Vel (Expert Member) said that while the Committee report holds that not only cutting of trees was illegal but the process of restoration requires the construction made without approval of Central Government to be removed. However, the Principal Secretary, Uttarakhand has submitted that constructions do not require approval of the Central Government. “Prima facie, it appears to be difficult to accept the stand of the Principal Secretary”, it noted.

2. NGT Warns Odisha State Authorities To Notify Elephant Corridors Or Face The Consequences

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

The Eastern Zone of National Green Tribunal (NGT) has warned the Odisha State authorities to notify the elephant corridors, failing which the concerned authorities shall be liable under Section 26 of the National Green Tribunal Act.

The bench of Justice B.Amit Sthalekar and Dr Afroz Ahmad (Expert Member) said that, “The Original Application was filed in 2016 and final orders were passed on 17.08.2021. We are surprised that even after passage of two and a half years the State Government has not been able to notify the elephant corridors under section 3 of the Environmental Protection Act.”

3. NGT Directs UP Chief Secretary To Take Action Against Ganga Pollution And Hold Erring Officers Accountable

Case Title:Manoj Kumar Rai v.State of Uttar Pradesh

The principal bench of National Green Tribunal (NGT) has directed the Chief Secretary of Uttar Pradesh (UP) to ensure remedial action against pollution in Ganga and fix responsibility of erring officers.

The bench of Justice Adarsh Kumar Goel(Chairperson), Justice Sudhir Agarwal, Dr. A Senthil Vel and Dr.Afroz Ahmad (Expert Members) said that, “An action taken report dated 09.02.2023 has now been filed which shows almost total inaction of the State Authorities except raising huge demands of money as a pretext for avoiding basic responsibility as earlier funds had not been duly utilised nor attempt made to collect funds locally. No accountability has been fixed for the erring officers resulting for discharge of pollution directly in Ganga.”

4. NGT Directs J&K PCC And DM To Take Remedial Action Against Alleged Hazardous Pollution In Poonch River

Case Tile: Raja Muzaffar Bhat v. Union Territory of Jammu & Kashmir & Ors.

The principal bench of the National Green Tribunal (NGT), comprising Justice Adarsh Kumar Goel (Chairperson), Justice Sudhir Agarwal, Dr. A Senthil Vel (Expert Member), and Dr. Afroz Ahmad (Expert Member), has directed the J&K PCC and District Magistrate of Poonch to furnish a joint report on the matter of polluting the Poonch River by hazardous waste, after verifying the facts, and take remedial action.

The application was filed raising concerns of dumping unscientific solid waste and bio-medical waste in the area falling between Sher-E-Kashmir Bridge (NG 144A) and the confluence of Poonch River and Belar Nala, near Poonch Town in Jammu & Kashmir.

The applicant claimed that the dumping of such waste has a harmful impact on the Poonch River, which is a source of drinking water in the area, and the authorities have failed to take remedial action in spite of representations.

5. National Green Tribunal Directs Rajasthan To Deposit 100 Crore In The Case Of Hazardous Industrial Pollution

Case Title: Salman Qasmi v. State of Rajasthan

The principal bench of the National Green Tribunal (NGT) has imposed an interim compensation of Rs. 100 crore on Rajasthan for damaging the environment, including pollution of the Dravyavati river caused by textile printing industries in the Jaipur district.

The bench of Justice Adarsh Kumar Goel (Chairperson), Justice Sudhir Agarwal, Dr. A Senthil Vel and Dr. Afroz Ahmad (Expert Members) said, “It appears that there is no environmental rule of law in the area. This calls for emergent action in a mission mode at higher level to remedy the situation and to fix accountability for such failure of the administration in collusion with law violators. The erring industries operating without consents or in violation of consent conditions need to be stopped and made accountable…”

6. Ban Crackers, Loud Sound In The ESZ Of Fatehsagar Lake Area In Rajasthan: National Green Tribunal

Case Title:Anil Mehta v. State of Rajasthan & Ors.

The Central Zone bench of National Green Tribunal (NGT) has directed the Municipal Corporation to enforce the recommendations of the expert committee on checking noise pollution near Fatehsagar lake and the eco-sensitive zone (ESZ) of Sajjangarh Wildlife Sanctuary in Rajasthan.

These recommendations include banning firecrackers and prohibiting the use of DJ sound systems in marriage processions.

It was also recommended that the lakeside hotels at Fatehsagar install a continuous ambient noise level meter. This should be done in consultation with RSPCB and connected by online CCTV to an application so that information about the noise level is publicly available.