Daily Court Digest: Major environment orders (October 28, 2024)

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Daily Court Digest: Major environment orders (October 28, 2024)

Environment

Daily Court Digest: Major environment orders (November 8, 2024)

Down To Earth brings you the top environmental cases heard in the Supreme Court, the high courts and the National Green Tribunal

DTE Staff

Published:11th Nov, 2024 at 5:44 PM

Exotic fishes increasing in Yamuna, NGT seeks reply

The National Green Tribunal (NGT) directed the Union Ministry of Fisheries, Animal Husbandry and Dairying and the Union Ministry of Jal Shakti (water resources) November 7, 2024 to file their reply on the increasing number of exotic / foreign fishes in the river within four weeks.

The NGT had taken up the matter of decreasing population of Indian species of fishes and increasing number of exotic / foreign fishes in Yamuna. 

The report by Indian Council of Agricultural Research-Central Inland Fisheries Research Centre, Prayagraj (ICAR-CIFRI) submitted September 19, 2024 supported the plea of a decreasing number of local fishes and increasing number of exotic fishes.

It stated that ICAR-CIFRI conducted a study during 2020-24 under the project 'Eco-Variability and Impact Study of River Yamuna on River Ganga with Special Emphasis on Fisheries'. 

A total of 126 fish species, belonging to 13 orders, 34 families and 82 genera, were recorded across nine sampling sites in the river. The lowest species richness was recorded at ITO, Delhi, the most polluted site, where dissolved oxygen levels and water flow were nearly zero or below detectable levels.  

The Mahseer fishery, found in the upper reaches of Yamuna at Yamuna Nagar, is predominantly composed of Tor putitora. The size and population of Mahseer have been declining drastically since the construction of the Hathnikund barrage in 1999. Between 1997 and 1999, Mahseer contributed an average of 9 per cent to the total catch. However, this contribution has fallen to just 1.7 per cent in 2023-24.

This decline is likely due to the destruction of breeding and feeding grounds caused by siltation and dam construction, which have impeded their migration, the report said.

Tenualosa ilisha (Hilsa / Ilish) fishery, which recorded an average annual catch of 0.03 tonnes at Agra and 20.16 tonnes at Prayagraj has been totally wiped out from the riverine stretch since 2010 due to construction of the Farakka barrage.

The exotic fishery in Yamuna is primarily represented by common carp (Cyprinus carpio), Nile tilapia (Oreochromis niloticus) and Clarias gariepinus. Other significant contributors include Hypophthalmichthys molitrix at Chilla and Yamuna Nagar, Hypophthalmichthys nobilis at Yamuna Nagar and Clarias gariepinus (Thai Mangur) at Delhi (Wazirabad).

Exotic fishes were not recorded in catches during 1958-1966, but their presence has been noted since 1990. The contribution of C carpio averaged 6.5 per cent of the total catch at Yamuna Nagar during 1997-1999 and has increased to nearly 40 per cent at Mathura.

At Agra, its contribution was 0.1 per cent but rose to 84 per cent at Mathura. The common carp's annual estimated catch ranged from 20.81-60.29 tonnes between 2002 and 2015 at Prayagraj. 

Recent studies showed a drastic reduction in the catches of Nile tilapia, while there has been a notable increase in the catch of common carp, except at Delhi (above Wazirabad barrage). This indicated an overall dominance of exotic fish species in Yamuna, the report said.

ICAR-CIFRI said that to address the situation, there is the need to prohibit/regulate illegal fishing gear; enhance monitoring, control and surveillance during fishing ban period; ban the release of exotic fish for rituals; maintain continuous water flow; address point source pollution among others.

The Central Pollution Control Board disclosed September 19, 2024 the poor water quality at different stretches / points in River Yamuna.

Panipat thermal power station fined Rs 6 crore

NGT November 8, 2024 held that Panipat Thermal Power Station (PTPS) should pay Rs 6,90,31,200 towards environmental compensation from October 2022 to June 30, 2024 for causing damage to the environment on account of unscientific handling, management and disposal of fly ash.

Panipat Thermal Power Station has assured the court that the entire quantity of ash lying in ash dykes (10.8 million tonnes) would be scientifically disposed of within 2-3 years. The court directed the power station to adhere to the timeline and dispose of fly ash completely by July 31, 2027.

However, from July 1, 2024 onwards, till the disposal of fly ash, the Haryana State Pollution Control Board would compute environmental compensation on six monthly basis, the court said.

The Panipat Thermal Power Station informed the court that 98,000 trees have been planted tentatively but the exact number of trees alive could not be ascertained. "Mere plantation of trees without ensuring its survival is neither an effective step for plantation nor serve any purpose for protection of environment," the court noted.

NGT directed the power plant to develop green belt in the prescribed area by not only planting trees of various species but also by ensuring their survival in the next five years. Steps for plantation shall be undertaken by PTPS in consultation with Divisional Forest Officer, Panipat, the order added.

The Haryana State Pollution Control Board should ensure compliance of the directions and submit six monthly compliance reports with the Registrar General of the NGT.

Subhender, resident of Sutana village, district Panipat, Haryana in his application said that Panipat Thermal Power Station situated at village Khukhrana, district Panipat was illegally disposing of fly ash obtained in the process of generation of electricity in nearby areas.

During peak summer season, fly ash particles spread over the nearby villages Sutana, Jatal, Khukhrana, Untla, Aasan causing serious breathing problems and trouble to the passersby and the residents. In the evening of May 20, 2022, there was heavy wind due to which fly ash entered the houses of villagers and created health problems, the complaint said.

Illegal cutting of trees in Hasdeo forest for coal mining

The NGT November 7, 2024 directed the constitution of a seven-member joint committee to look into the complaint of illegal cutting of trees in the Hasdeo forest for coal mining. 

Representative of the Union Ministry of Environment, Forest and Climate Change would be the nodal authority for coordination and compliance, the court noted. The committee would collect relevant information after visiting the site and submit a factual report within six weeks. The case would be next heard on December 23, 2024.

Citizens Action Group of India had sent a letter petition complaining about illegal cutting of more than 15,000 trees in Hasdeo forest, which is within Korba and Sarguja districts of Chhattisgarh, for carrying out a proposed coal mining project of Parsa East, Kele Bason district.

The villagers had protested the activity, but with the intervention of police, illegal cutting of trees has been allowed and was still going on.

The coal mining project was allotted to Rajasthan State Electricity Corporation, which entered into an agreement with the Chhattisgarh government and an Adani company, is proceeding with the project by cutting trees illegally.

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