Daily Court Digest: Major environment orders (July 16, 2024)

Down To Earth brings you the top environmental cases heard in the Supreme Court, the high courts and the National Green Tribunal
Daily Court Digest: Major environment orders (July 16, 2024)
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Energy and waste disposal plant in Kathonda, Jabalpur violating norms

The National Green Tribunal (NGT), July 12, 2024 directed authorities to file responses regarding shortcomings at a energy and waste disposal plant in Kathonda, Jabalpur, Madhya Pradesh.

The court ordered the impleadment of Central Pollution Control Board (CPCB), Madhya Pradesh Pollution Control Board, Ministry of Environment, Forest and Climate Change (Bhopal) and the district magistrate of Jabalpur. The respondents must submit their responses one week before the next hearing on September 19, 2024.

An application was filed with the NGT based on an article published on July 1, 2024 on news portal Bhaskarhindi.com concerning the Kathonda plant. The article alleged improper disposal of residual dust, particles, and soil following waste incineration. This accumulated material reportedly contravened established norms.

The news report highlighted the difficulty of maintaining the buffer zone around the plant due to nearby settlements, raising concerns about potential health impacts on residents. It further contended that the plant's previous management ensured proper operation of the garbage plant, energy plant, sewage treatment plant, animal shelters and carcass disposal facilities. 

However, residents in nearby areas have experienced issues with filth and stench in recent years, exacerbated by non-compliant waste disposal practices. The news article emphasised the existence of a 500-metre buffer zone around Kathonda with restricted entry.

Sewage from Ghaziabad residential colony polluting nearby areas

The tribunal noted on July 12, 2024 that sewage emanating from a residential colony in Loni, Ghaziabad district, Uttar Pradesh, continued to pollute nearby areas despite previous NGT orders issued since 2022. The court was informed that sewage from Pooja Colony remained untreated and discharged in violation of regulations.

The court identified clear violations of environmental laws, particularly the Water (Prevention and Control of Pollution) Act, 1974, the Air (Prevention and Control of Pollution) Act, 1981 and the Solid Waste Management Rules, 2016. The managing director of Uttar Pradesh Jal Nigam stated that responsibility for environmental compliance lay with the Nagar Palika Parishad (Loni), the Ghaziabad district magistrate and Uttar Pradesh Department of Urban Development.

Counsel representing the state of Uttar Pradesh presented several documents to the court to demonstrate that letters had been sent to the relevant authorities to expedite the steps for the preparation of a detailed project report (DPR). 

However, the documents show that nothing concrete has occurred in the case, and no specific timeline covering a reasonable period has been established, the court pointed out. Moreover, no response has been given by the Principal Secretary, Urban Development Department, Uttar Pradesh at all. 

Counsel for the state of Uttar Pradesh sought two weeks time to place on record entire facts in detail by filing additional affidavit, which was granted. 

A joint committee report dated November 21, 2022 documented waterlogging, sewage discharge from Pooja Colony and dumped waste on the green belt at the site.

The committee recommended routing residential sewage to a nearby sewage treatment plant via the drainage system. Additionally, they advised proper disposal of municipal solid waste currently on the green belt in accordance with the Solid Waste Management Rules 2016, and the establishment of a proper sewer line for residential sewage disposal.

Construction and demolition waste on banks of Kollong river, Nagaon, Assam

The principal bench of the NGT, July 12 directed the constitution of a joint committee to investigate alleged environmental norm violations at a construction project near Kollong river in Nagaon, Assam

The committee will comprise the principal secretary of Assam Water Resources Department, deputy commissioner of Nagaon and a member of Assam State Pollution Control Board. Following a site visit, the committee will gather relevant information and take preventive, punitive, and remedial actions within two months if any violations are found.

According to the complaint, the housing project Royal Awas was constructing near the Kollong river. The dumping of construction and demolition waste on the riverbank was reportedly damaging aquatic life, flora, and fauna, disrupts the river's flow and harming the riverine ecosystem.

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