NGT Stays Covering of Drains in Delhi

The National Green Tribunal in Manoj Kumar Misra & Anr. Vs. Union of India & Ors.          (Original Application No. 300 of 2013) on 21 October 2013 ordered maintenance of status quo (i.e. no further construction to be carried out) existing as on this day till the next date of hearing.

This case raises the issue of project/building construction work (including covering of drains) being carried out on different drains is covered under Entry 8(a) and 8(b) of the EIA Notification 2006. Thus, there is requirement of obtaining Environment Clearance (EC) from State Level Environment Impact Assessment Authority (‘SEIAA’) before starting these projects while no Environmental Clearance was obtained and therefore the constructions already made or proposed constructions both are violation of law.

NGT observed that ‘prima facie, these construction projects would be covered under Entry 8(a) of the EIA Notification 2006 and if they are township and area development activity projects, then they would be covered under Entry 8(b). Furthermore, it remains to be seriously examined as to whether covering all these drains would serve environmental and/or public purpose, would they create more problems including environmental issues or would they resolve the existing problems.’

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Pushp Jain (ERC)

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SC Dismisses Plea of Kerala against NGT Order on Gadgil Report

Rejecting an appeal filed before it, the Supreme Court has upheld the maintainability of an application filed by Goa Foundation, Peaceful Society and others before National Green Tribunal(NGT). The application concerns implementing recommendations of the Gadgil panel report towards conservation of the Western Ghats.

While the NGT, in an order dated July 18, had held that the application filed by the NGO was maintainable before it, an appeal was filed against this before the SC.

Goa Foundation had claimed before the NGT that it is at the forefront of environment campaigns in Goa, working towards conserving and protecting the Western Ghats' ecology and also towards demanding additional protection, including declaration of a wildlife sanctuary as a tiger reserve.

Read more: SC Dismisses Plea of Kerala against NGT Order on Gadgil Report

Remove tiles and concrete from around the base of the trees - NGT

National Green Tribunal (Central Zone, Bhopal) in the judgement in the application, Sajag Public Charitable Trust vs Municipal Corporation of Gwalior & State of MP (Original Application No. 30/2013), on 30th August, 2013, noted that the respondents have not disputed the need for remove the tiles and the concrete from around the base of the trees, which is what was the main grievance of the Applicant.  Thus, NGT said ‘so far as the merits of the matter are concerned, there remains not much to be decided’.

Along with this, NGT issued following guidelines on the subject.

(1) The work of removing the tiles and the concrete, etc. shall be carried out manually and not by any mechanical process which may endanger the trees itself.

(2) Such de-concretisation shall be carried out upto the extent  of 6'x6' around the trees as far as possible depending on the locality, age and girth of the tree.

(3) While carrying out the aforesaid task, care will be taken not to damage the trees or expose its roots so as to endanger the trees itself.

(4) Efforts shall also be made to ensure that no loose soil is left which may result in the uprooting of the tree or causing the tree to fall as a result of the aforesaid work of deconcretisation. The firmness of the soil around the tree would be ensured.

(5) In parity with the directions issued by the Principal Bench, NGT, New Delhi in Application No. 82/2013 vide order dated 23.04.2013 in the case of Aditya N.Prasad Vs. Union of India and Ors., the respondents shall ensure that all the sign boards, names, advertisements, any kind of boards or signage, electric wires, high tension cables or any such cables or wires and nails and screws are removed from the trees forthwith.

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Pushp Jain (eRc)

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No Major Pollution Expected from a Petrol Filling Station to a Nearby Wetland : NGT

NGT dismissed the application in Kamta Saini vs MoEF & others (Application No. 29/2013 (CZ) in the judgement passed on 25 September, 2013. The applicant had raised objection to issue of pre-consent by the Madhya Pradesh Pollution Control Board for establishment of a petrol pump adjoining  a  tank  named  ‘Adhartal’  in  the  city  of  Jabalpur  in Madhya  Pradesh  and  felt that  in  case  the  petrol  pump  is commissioned,  the  water  of  the  tank  shall  be  polluted  as  a  result  of discharge  and  flow  of  water  and  other  material  like  petrol,  diesel,  oil, etc. from the petrol pump into the lake. 

During the course of hearing, NGT found that the petrol pump is filling facility only. The petrol would be stored in mild steel containers. There is no service station. It, thus, found no merit in the case and dismissed the application.

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Pushp Jain (eRc)

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Issue Consent to Establish and Consent to Operate: NGT

In an application of Deivam Blue Metals vs Tamil Nadu Pollution Control Board (TNPCB) (No. 101 of 2013 (SZ), the National Green Tribunal (Southern Zone) directed that the ‘Consent to Establish and Consent to Operate’ under the Air (Prevention and Pollution Control) Act, 1981 and the Water (Prevention and Pollution Control) Act, 1974, for the existing quarry and crusher unit in S.F. No. 1341/1, 1341/2, 1339/1 and 1339/2 of Nagampalli Village, Aravakurichi Taluk, Karur District, Tamil Nadu be issued by 30 September 2013 on merits and in accordance with law. The application of the company was pending since 13 February 2013 with TNPCB for no fault of the Applicant.

Pushp Jain

EIA Resource and Response Centre (ERC), New Delhi

Web : ercindia.org; Email : This email address is being protected from spambots. You need JavaScript enabled to view it.

{edocs}ngt/Deivam vs TNPCB another 101_2013_3sept2013_final_order.pdf{/edocs}