High Courts
Kerala High Court on who deals with municipal waste dumped illegally on private property
The High Court of Kerala held that the municipality has the primary responsibility to deal with the municipal waste even if it was illegally dumped on a private property. The petitioner had sought removal of a large amount of waste illegally dumped on the property belonging to Kochi Metro Rail Limited (KMRL). KMRL submitted that they were ready to construct a fence around the plot of land to prevent the dumping of waste. The Thrikkakara Municipality claimed that the local body has no responsibility for removing the waste since the land belonged to KMRL.
The High Court rejected the submission and held that it is the primary duty of the Thrikkakara Municipality to deal with municipal waste. The fact that such municipal waste has been illegally dumped on private property cannot absolve it from the liability of removing the waste for proper treatment as is done in the case of other municipal waste being collected and processed by them. The High Court disposed of the petition with the directions to KMRL to take steps to either fence or construct a compound wall around the property in question to prevent illegal dumping of waste.
Calcutta High Court allows transplantation of trees for the construction of Victoria Metro Station on Kolkata Maidan
The petitioners alleged that the construction of metro station will lead to the destruction of the Kolkata Maidan, which serves as a critical carbon sink and ground water recharger. However, the High Court opined that the petition was based primarily on newspaper reports and public concerns about the ecological impact of the construction and specifically the felling of hundreds of trees. The High Court considered all the permissions obtained by Rail Vikas Nigam Limited and after being convinced that the requisite permissions have been obtained, it dismissed the petition.
Delhi High Court directs inspection of private nursing homes for fire safety
The High Court of Delhi directed the Directorate General of Health Services, Delhi Fire Services and Delhi Development Authority to constitute a Joint Committee for inspection of all nursing homes that are members of the Delhi Medical Association. The direction was passed by the High Court while considering a writ petition filed by the Delhi Medical Association challenging a communication to all private hospitals and nursing homes to undertake audit of fire safety measures employed by it. The petition claimed that the nursing homes are erroneously considered ‘institutional buildings’ and being asked to take fire safety clearance. The High Court observed that its immediate priority is to safeguard public safety and ensure that basic fire safety equipment is installed at the premises of private nursing homes.
High Court of Kerala directs Railways and Municipal Corporation of Thiruvananthapuram to remove legacy waste accumulated in Aamayizhanjan canal
The directions were passed in a special sitting of the Court based on reports of the death of a worker engaged in the cleaning of Aamayizhanjan canal near the Thiruvananthapuram Central Railway Station. The High Court, while considering the submissions made by various departments, observed that the canal has become a cesspool of plastic which is clogging near the metal gratings and preventing the flow of drain water. It also observed that there are large quantities of legacy waste in the area. It directed the authorities to submit a plan of action to be adopted for clearing the legacy waste from within and outside the railway premises along with the timelines for completion of the plan.
Madras High Court sets aside MOEFCC OMs permitting ex-post facto environmental clearance and coastal regulation zone clearance
The petitioners challenged the Office Memorandum (OM) dated February 19, 2021, which outlined the procedure for cases where prior Coastal Regulation Zone (CRZ) clearance had not been obtained before undertaking activities. The OM dated July 7, 2021, which prescribed the procedure for considering EC applications where activities/construction had already started without EC, was also challenged. The Madras High Court noted that the core issue was whether EC, which is mandatory for certain projects/activities, could be granted ex-post facto (after the project has commenced).
The Court observed that the Central government has the authority to issue notifications under specific sections of the Environment Protection Act, 1986. However, it emphasised that firstly, such notification should be for environment protection. Secondly, the EIA Notification, 2006 and CRZ Notification, 2011 mandate ‘prior EC’ and the impugned OMs proceeded on the basis that the project proponents commence work without EC which is clearly a violation/breach and it provides for certain standard operating procedures and ground for ex post facto EC. Thirdly, a slew of instruments were issued making ex post facto the norm and prior clearance an exception while Supreme Court has held that ex post facto clearance should be resorted to as an exception.
Rajasthan High Court initiates suo motu proceedings against unauthorised construction and encroachments over rivers and water bodies in the State
The High Court of Rajasthan initiated suo motu proceedings based on a news article published in ‘Rajasthan Patrika’. The article highlights that despite numerous directions issued by the courts and NGT, several rivers along with various other water bodies across the State are facing severe encroachment, jeopardising the well-being of all living organisms and environment. The High Court observed that such news indicated serious failure of the Central and state governments, particularly MoEFCC and Ministry of Jal Shakti, in protecting rivers from illegal encroachments. It also noted that the draft River Conservation Zone (Regulation of Harmful Activities) Rules, 2012 and the notifications regarding river conservation zone and river regulation zone in 2015 remain unimplemented till date. The High Court issued show cause notice on why the directions for constituting committees at state level, divisional level and district level should not be issued. It also proposed the demolition of illegal and unauthorised constructions and encroachments on the rivers, flood plains and catchment areas of all rivers, water bodies, water courses and water channels.
NGT
NGT imposes costs on Delhi government and PWD for delaying response on alleged environmental violations at Delhi Chief Minister’s official residence
NGT imposed a cost of ₹10,000 on Delhi’s Public Welfare Department (PWD) and the Delhi government for their failure in filing a response in the matter of the alleged environmental violation at the Delhi Chief Minister’s official residence. It also imposed costs of ₹15,000 on the Forest Department for filing an incomplete report. The issue involved violation of environmental norms in the construction at 6, Flag Staff Road and 45-47 Rajpur Road, New Delhi by PWD, Delhi. It also noted that previously, the PWD had requested time to file documents relating to permission and compulsory plantation, but no such document was filed.
NGT quashes EC granted to Maharashtra State Power Generation Company Limited for failing to conduct public hearing
NGT observed that the EC granted stood vitiated in law because it had not conducted public consultation, there was non-consideration of Indian Council of Medical Research report, hydrological study and carrying capacity. It noted that the carrying capacity study by the concerned authority has not been conducted and this aspect has not been taken into consideration by the competent authority while granting the impugned EC. NGT, while noting the same, quashed the EC granted to MSPGCL for mining at Gare Palma, Sector-II, coal mine project. It also directed MoEFCC to re-examine the matter from the stage of conducting public consultation.
NGT imposes environmental compensation of ₹45 crore on NHAI for causing damage to environment during construction activities
NGT was considering an original application filed against NHAI for alleged encroachment, covering and construction over a pond/water body and other alleged violations at village Kiranj, District Nuh, State of Haryana. It also stated that in case NHAI fails to deposit the environmental compensation, the damaged pond, gochar/grazing land and nallahs should be restored to their original form, shape, size and composition by taking such steps as required under the law. NGT also noted that if the environmental compensation is deposited by NHAI, the same shall be appropriated for restoration/rejuvenation of the environment and the plan for restoration/ rejuvenation shall be prepared by the joint committee constituted by NGT. It also directed that the plan shall be prepared within three months after deposit of environmental compensation and the amount shall be utilized within six months thereafter.
NGT takes suo motu cognizance of flamingo deaths at DPS lake wetland
The news report highlighted the deaths of seven flamingos, which were attributed to the construction activities led by the City and Industrial Development Corporation which blocked the lakes and water inlets. According to the report, the blockage caused stagnant water in the lake making it unsuitable for flamingos. Furthermore, ‘light pollution’ from new LED installations was also cited as a contributing factor as it lead to disorientation in the birds, causing them to crash into objects thereby sustaining fatal injuries. NGT noted that these are significant issues of non- compliance with the Wetland (Conservation and Management) Rules, 2017, the Biological Diversity Act, 2002, and the Environment (Protection) Act, 1986. In addition to the above, it also noted that despite the previous orders mandating efforts to be undertaken for preservation of the DPS lake, there is a drastic reduction in the migratory bird population.
NGT takes suo motu cognizance based on study highlighting presence of cancer-causing chemicals in cars
The study stated that the researchers analysed 101 electric, gas and hybrid cars with model years between 2015 and 2022 and found that the cabin air in 99% of these cars contained a flame retardant called Tris (1-chloro-2-propyl) phosphate (TCIPP). The news article stated that TCIPP is being investigated by the United States National Toxicology Program as a potential carcinogen. The research further showed that most cars have 2 (two) more flame retardants namely, tris (1,3-dichloro-2-propyl) phosphate (TDCIPP) and tris(2-chloroethyl) phosphate (TCEP) which are also considered carcinogenic. The news item alleged that the source of these compounds is seat foam, which is added with chemicals to meet an ‘outdated’ flammability standard with no proven fire safety benefit. Upon observing that the issue indicated violation of the Air (Prevention and Control of Pollution) Act, 1981 and the EPA, NGT impleaded the Central Pollution Control Board, MoEFCC, Indian Council of Medical Research and Ministry of Heavy Industries to file their responses on the issue.
NGT refuses to entertain letter petitioner plea because he was represented by counsel
NGT disposed of an application which was registered based on a letter petition on the ground that the complainant was represented by a counsel. It observed that the complainant had the resources to approach NGT by filing an application as per the rules and procedures prescribed under the NGT (Practice and Procedure) Rules, 2011. NGT noted that the complainant claimed to be a Captain and was represented through a counsel and therefore had the resources to approach NGT in the proper way.
NGT directs CPCB to submit report on incomplete combustion in vehicles leading to air pollution
NGT directed CPCB to file a report on the issue of incomplete combustion in vehicles, leading to air pollution. The case was registered suo motu based on a news article referring to a study claiming that incomplete combustion of various fuels in vehicles contributed significantly to poor air quality. The study found that older, poorly maintained vehicles and ones lying idle can cause incomplete combustion, leading to greater air pollution. NGT issued the direction upon consideration of CPCB’s previous report and noting that it did not address the main issue of incomplete combustion in the vehicles.
NGT issues notice in plea seeking implementation of star rating mechanism for passenger vehicles based on fuel efficiency and carbon dioxide emissions
NGT directed the Ministry of Heavy Industries and Public Enterprises, Ministry of Road Transport and Highways, MoEFCC and Ministry of Power to file responses to a plea seeking implementation of star rating system for all passenger vehicles based on fuel efficiency and carbon dioxide emissions. The application claimed that such star rating systems of vehicles has already been introduced in most of the developed countries including Thailand, Vietnam and Singapore. The application further claims that vehicular pollution is the most important contributor in air pollution as it is responsible for 40% of such air pollution.
NGT seeks response from authorities on news article claiming presence of heavy metals in PM 2.5 in East Delhi
The application was registered based on a newspaper article about a study conducted by the Indian Institute of Technology, Delhi revealing severe heavy metal pollution in East Delhi’s air, raising significant health concerns. As per the news item, the study detected alarming levels of heavy metals such as lead, cadmium and nickel in the air. In East Delhi district, chromium, copper, zinc, molybdenum and lead were the major heavy metals found in PM2.5. The news item states that the study formulated the heavy metal exposure index in East Delhi (part of a mega city), Jaisalmer (desert), Ludhiana (industrial city), Visakhapatnam (coastal), Panchkula and Patiala. The news item claims that the primary sources of these pollutants include industrial emissions, vehicular exhaust and construction activities. Furthermore, the presence of heavy metals poses serious health risks, particularly to vulnerable populations such as children and the elderly. NGT impleaded the Delhi Pollution Control Committee, Punjab Pollution Control Board, CPCB, MoEFCC, District Magistrate, East Delhi and District Magistrate, Ludhiana and directed them to file responses to the issues raised in the article.
NGT directs reappraisal of ECs granted at the district level for mining leases
NGT has directed that the ECs granted at the district level by District Environment Impact Assessment Authorities (DEIAAs) should be reappraised by the SEIAA at the state level. The direction was passed in an application challenging the validity of OMs which extended the validity of the ECs granted by DEIAA. The applicant argued that these OMs contradicted the judgments of the Supreme Court and the NGT. NGT considered the legal development of the amendments to the Environment Impact Assessment Notification, 2006, in 2016 which allowed DEIAAs to grant ECs for mining projects with area less than 25 ha (twenty-five hectares) without public consultation. This was deemed inconsistent with the judgments of the Supreme Court, which mandated stricter environmental assessments for mining activities. NGT had previously directed that such procedures be aligned with the directions of the Supreme Court and all ECs.
NGT directs CPCB and UPPCB to monitor flow of untreated sewage in river Ganga and Yamuna for pilgrims attending Maha Kumbh
NGT, while considering the issue of quality of water flowing in the river Ganga in Prayagraj and the requirement of fresh water for the forthcoming Kumbh Mela, directed the CPCB and Uttar Pradesh Pollution Control Board (UPPCB) to increase monitoring points and frequency of monitoring on river Ganga and Yamuna. The CPCB and UPPCB were also directed to take water samples from river Ganga and Yamuna from these points at least twice a week at regular intervals and display the analysis report on their websites.
NGT issues notice on plea raising the issue of adverse impact of artificial light at night on flora and fauna and human beings
NGT has issued notice in a plea raising the issue of adverse impact of Artificial Light at Night (ALAN) on flora and fauna and human beings. The applicant claims that ALAN disrupts natural biological processes, adversely affecting the human circadian rhythms, nocturnal wildlife behaviour, plant physiology and migratory species.
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