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Daily Court Digest: Major environment orders (February 10, 2025)
Environment
Daily Court Digest: Major environment orders (February 11, 2025)
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:12th Feb, 2025 at 1:02 PM
NGT pulls up Delhi for not removing Yamuna encroachment
Despite numerous orders over the years, the Delhi Development Authority (DDA) and other authorities have failed to take necessary actions to remove encroachment along the Delhi stretch of the Yamuna, the National Green Tribunal (NGT) stated February 6, 2025.
DDA has requested three weeks to submit a new report and reveal their efforts to adhere to various court directives. The next hearing is scheduled for April 4, 2025.
On October 17, 2019, NGT ruled that the floodplains of a river should not be occupied as it could harm the river's ecology and ordered River Yamuna to be kept free from encroachment.
The court also instructed DDA, Delhi Pollution Control Committee (DPCC), and the forest department to take legal action. According to the applicant, the tribunal's order has not been followed even after more than five years. Therefore, through the execution application, the applicant is seeking compliance with the NGT's order dated October 17, 2019.
On April 8, 2024, the Delhi High Court also directed DDA to collaborate with all relevant agencies and ensure the removal of the encroachment from the Yamuna river floodplain.
Furthermore, the Delhi High Court had issued another directive instructing the vice-chairperson of DDA to clear all encroachments and illegal constructions on the Yamuna riverbank, riverbed and drains flowing into the Yamuna.
NGT also highlighted that the Supreme Court on January 2, 2024 had agreed with the green court’s stance on preserving the floodplains of the Yamuna river for the broader benefit of the public and the environment.
NGT seeks fresh CPCB report on heavy metals in Delhi air
Not satisfied with the report filed by the Central Pollution Control Board on the presence of heavy metals in Delhi's air, NGT February 6, 2025 directed the authority to file a fresh reply.
The court pointed out that the report does not clearly reflect upon the monitoring of the heavy metals mentioned in the news article in The Times of India on September 29, 2024. These are chromium, copper, zinc and molybdenum. The report also doesn't provide reasons for not monitoring.
The same was the case with the reply filed by the Punjab Pollution Control Board, the tribunal noted. The Union Ministry of Environment, Forest and Climate Change sought four weeks to consider the issue and file a response. The case will next be heard on May 15, 2025.
The original application was filed based on a news report referencing a study by the Indian Institute of Techonology Delhi, which found dangerous levels of heavy metals like lead, cadmium and nickel in the air. The study also revealed that in East Delhi district, the primary heavy metals present in PM2.5 were chromium, copper, zinc, molybdenum and lead.
Ensure full utilisation of treated sewage water: NGT to NOIDA authority
On February 6, 2025, the NGT instructed the New Okhla Industrial Development Authority (NOIDA) to guarantee the 100 per cent utilisation of water treated by its sewage treatment plants (STP). Additionally, the authority was ordered to submit a detailed plan with a timeline for the same. This directive was issued by a bench comprising justices Prakash Shrivastava and Arun Kumar Tyagi.
In the suo motu application, the tribunal is investigating the claim that NOIDA is releasing treated water from STPs into a drain, rather than using it for irrigation and other purposes.
STP treated water has its own value since it can be utilised in different projects, which can help in saving natural water, the court noted.
The reply filed by NOIDA October 15, 2024 stated that the city is generating 260 MLD of treated water from STPs, out of which it is using only 68 MLD of treated water and is discharging 192 MLD of treated water into drains.
The court was also informed that laying of pipelines for connecting the STPs was in an advanced stage and was likely to be completed by December 2024. The counsel for NOIDA, however, informed the court that the work is still incomplete and couldn't disclose the exact status of the work.
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