Important Orders Of National Green Tribunal 2019

NGT Says Major Railway Stations Having Potential Of Causing Pollution Are Not Beyond Environmental Laws Of Land.

While hearing a petition filed by one Saloni Singh, highlighting the pollution caused at railway stations was informed by Railways that stations are not required to obtain consent under the Water (Prevention and Control of Pollution) Act, 1974 (The Water Act), the Air (Prevention and Control of Pollution) Act, 1984 (The Air Act) and the Hazardous Materials Act, 2016(The Hazardous Act) in view of press release issued by the MoEF&CC on 05.03.2016.

The bench said the fact that MoEF&CC has included railway activities in the list of some of the categories including 'red category' of industries is an indication that the MoEF&CC treats the Railway Administration to be within the purview of the EP Act as the said categorization itself is with reference to the said Act.

Original Application No. 141/2014

Saloni Singh & Anr. Applicant(s)

Versus

Union of India & Ors. Respondent(s)

Date of hearing: 04.12.2019.

Ensure 100 percent sewage treatment of water reaching Rivers before March 31,2020.

Principal bench of National Green Tribunal has directed all State and Union Terrritories to ensure that 100 percent in-situ remediation of sewage, by March 31, 2020, of the water which flows in rivers across India.

The bench said "If this is not done, the local bodies and the concerned departments of the States/UTs will be liable to pay compensation. In the case of river Ganga, Rs. 5 lakhs per month per drain, for default in in-situ remediation and Rs. 5 lakhs per STP for default in commencement of setting up of the STP.

Original Application No. 673/2018

(With Report dated 18.11.2019)

News item published in "The Hindu" authored by Shri Jacob Koshy

Titled

"More river stretches are now critically polluted: CPCB"

Date of hearing: 29.11.2019

3: Ensure that political parties don't use plastic banners/hoardings during elections.

The National Green Tribunal has directed Election Commission of India, Chief Electoral Officers of all States, Union Territories and Central Pollution Control Board to monitor the advisories issued to political parties asking them to avoid use of plastic during elections particularly banner/hoardings.

Execution Application No. 32/2019

IN

O. A. No. 05/2019 (SZ)

(With report dated 10.10.2019)

W. Edwin Willson Applicant(s)

Versus

Union of India & Ors. Respondent(s)

Date of hearing: 08.11.2019

Install Ambient Air Quality Monitoring Stations giving real-time data in one year.

In view of increase in Non Attainment Cities--(From 95 in 2017 to 122 presently), cities where the Ambient Air Quality, is beyond prescribed norms. The National Green Tribunal has directed the states/Union Territories, to install within one year, assessed Ambient Air Quality Monitoring Stations (AAQMS), which would be connected to a National Portal, connected to server of Central Pollution Control Board (CPCB), and data will be displayed on real time basis.

Original Application No. 681/2018

(I.A. No. 411/2019)

WITH

Original Application No.10/2019 (EZ)
News item published in "The Times of India" Authored by Shri Vishwa Mohan

Titled

"NCAP with multiple timelines to clean air in 102 cities to be released around August 15"

WITH

Dr. Gautam Ghosh Applicant(s)

Versus

State of West Bengal & Ors. Respondent(s)

Date of hearing: 15.11.2019

Date of Order: 20.11.2019

NGT Directs UP Government to Pay RS 10 Crore as environmental compensation.

The National Green Tribunal has directed State of Uttar Pradesh to pay Rs 10 crore as Environment Compensation, for causing damage to the environment by permitting discharge of untreated sewage, containing toxic Chromium, into 'River Ganga'.

Original Application No. 985/2019

WITH

Original Application No. 986/2019
(With report dated 30.10.2019)
In Re : Water Pollution by Tanneries at Jajmau, Kanpur,

Uttar Pradesh

WITH

In Re : Water Pollution at Rania, Kanpur Dehat & Rakhi

Mandi, Kanpur Nagar, Uttar Pradesh

Date of reserve of order: 13.11.2019

Date of uploading of order: 15.11.2019

Industrial Development Cannot Be Done At On The Graves Of Human Beings And At the Cost Of Air and Water Quality.

Principal bench of National Green Tribunal observed that "Industrial development cannot be done on the graves of human beings and should not be at the cost of "air and water quality", while directing the Haryana government to shorten the period of inspection of polluting factories and the Central Pollution Control Board (CPCB) to follow the same in 19 other states, with similar policy, regarding inspections.

Original Application No. 639/2018

(With report dated10.10.2019)

Shailesh Singh Applicant(s)

Versus

State of Haryana & Ors. Respondent(s)

Date of hearing: 05.11.2019

NGT Warns Officials For Failing To Protect Bengaluru Lakes From Contamination.

Principal Bench of National Green Tribunal has sought explanation from Additional Chief Secretary (Urban Development), Karnataka, Commissioner, Bruhat Bengaluru Mahanagara Palike (BBMP), Commissioner, Bengaluru Development Authority (BDA), Chairman, BWSSB and the Member Secretary, State PCB on why coercive action including 'civil imprisonment' be not ordered for the violations of its earlier orders passed for protecting three highly contaminated lakes, in Bengaluru city.

Original Application No. 125/2017

(With report dated 20.09.2019)

Court on its own Motion Applicant(s)

Versus

State of Karnataka Respondent(s)

Date of hearing: 21.10.2019

There Is No Guaranteed Right To Continue To Draw Groundwater For Commercial Purpose.

"Ground water is scarce and not unlimited. There is no guaranteed right to continue to draw ground water for commercial purposes without any permission," the National Green Tribunal has observed while dismissing an appeal filed by M/s India Glycols Limited challenging an order of Central Ground Water Authority, directing stoppage of ground water withdrawal.

Appeal No. 98/2019

(I.A. No. 711/2019)

With

Appeal No. 99/2019

(I.A. No. 712/2019)

M/s India Glycols Limited Appellant(s)

Versus

Central Ground Water Authority & Ors. Respondent(s)

Date of hearing: 26.11.2019

NGT Directs CPCB To Prepare New Environment Plan For Country.

The Principal Bench of National Green Tribunal has directed Central Pollution Control Board to prepare model/models for States and Union Territories to compile information with reference to specific thematic areas, through which District Environment Plans can be prepared, collating the same State Environment Plan and eventually country's, Environment plan can be prepared.

Original Application No. 360/2018

M.A. No. 823/2018) (SLP (Civil) No. 2959/2014) (With report dated 22.02.2019)

Shree Nath Sharma Applicant(s)

Versus

Union of India & Ors. Respondent(s)

Date of hearing: 26.09.2019

NGT Directs CPCB To Issue Guidelines On Management OF Waste Tyres And Restrict It's Import.

The Principal Bench of NGT has directed CPCB to issue guidelines for proper management of waste tyres in Pyrolisis industry in the country, as well as restrict its import.

Original Application No. 400/2019

(I.A. No. 403/2019, I.A. No. 611/2019 & I.A. No. 615/2019)

(With report dated 31.07.2019)

Social Action for Forest & Environment (SAFE) Applicant(s)

Versus

Union of India & Ors. Respondent(s)

Date of hearing: 19.09.2019

Even If Consent To Operate Is Not Required Action Must Be Take When Pollution Is Caused.

Observing that "Even if consent to operate is not required, action can be and must be taken when pollution is caused or siting criteria is violated," the Principal Bench of National Green Tribunal directed the Uttar Pradesh Pollution Control Board, to stop polluting activities and recover compensation on 'polluter pays' principle from, poultry farms being illegally operated in Shamli district.

Original Application No. 501/2019

(I.A. No. 348/2019 & I.A. No. 349/2019)

(With report dated 28.08.2019)

Sundr Applicant(s)

Versus

Ministry of Environment & Forest & Ors. Respondent(s)

Date of hearing: 11.09.2019

NGT Directs CPCB To Submit Action Report On Action Plan For Enforcement Of E-Waste Management Rules.

The National Green Tribunal has directed the CPCB (Central Pollution Control Board) to place a review and 'action taken' report for ensuring enforcement of E-Waste (Management) Rules, 2016 and the Environment (Protection) Act, 1986 ('EW Rules') by 31st January, 2020.

Original Application No. 512/2018

(With report dated 28.08.2019)

Shailesh Singh Applicant(s)

Versus

State of UP & Ors. Respondent(s)

Date of hearing: 02.09.2019

NGT Directs Pollution Board To Lay Down Guidelines For Management And Monitoring Of Environment Laws By Diaries.

The National Green Tribunal Principal Bench recently ordered the Central Pollution Control Board to provide a report and lay down appropriate guidelines for the management and monitoring of environmental norms by dairies in India by undertaking a study in that matter.

Original Application No. 46/2018

(M.A. No. 1474/2018, M.A. No. 1539/2018)

WITH

Original Application No. 1083/2018

Nuggehalli Jayasimha Applicant(s)

Versus

Government of NCT of Delhi Respondent(s)

WITH

Residents of C2 Block Aya Nagar Applicant(s)

Versus

Govt. of NCT of Delhi Respondent(s)

Date of hearing: 08.07.2019

 (Pollution), violators of law cannot be allowed to have free run.

The National Green Tribunal, while directing State Pollution Control Boards and Pollution Control Committees to take meaningful action against Polluters in Industrial areas, said "Violators of law cannot be allowed to have a free run at the core of environment and public health. Inaction by the statutory authorities is at the cost of Rule of Law, which is the mandate of the Constitution and is necessary for meaningful enforcement of legitimate constitutional rights of citizens and basic duty of a welfare State under the Constitution."

Original Application No. 1038/2018

(With report dated 01.11.2019)

News item published in "The Asian Age" Authored by Sanjay Kaw , Titled "CPCB to rank industrial units on pollution levels"

Date of hearing: 14.11.2019.

Failure To Stop Air Pollution Caused Due to Burning OF Crop Residue, NGT Pulls Up State and Centre.

National Green Tribunal has come down heavily on the Central Government and State Governments of Punjab, Haryana and Uttar Pradesh for failing to stop crop residue burning, leading to Air Pollution in the NCR region.

Original Application No. 666/2018

(Earlier O.A.No.451/2018)

Smt. Ganga Lalwani Applicant(s)

Versus

Union of India & Ors. Respondent(s)

Date of hearing: 15.10.2019