Daily Court Digest: Major environment orders (July 22, 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 22, 2024)
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Proposed road in Western Ghats falls entirely in Anamalai tiger reserve core zone: Report to NGT

Building a new road from the base of the Western Ghats, specifically from the Thirumoorthy hills to Gurumalai/Kurumulai, within the Udumalai circle of Dhali town Panchayat in Tamil Nadu's Tiruppur district, presents a major risk to the protected area. This region lies in the core zone of the Anamalai tiger reserve and is home to endangered animal and plant species. This was stated in the status report filed by the District Forest Officer before the National Green Tribunal (NGT) July 18, 2024.

Additionally, the terrain is extremely steep and uneven, intersected by numerous water channels that flow into the River Palar, which in turn feeds the Thirumoorthi Dam. This entire region constitutes the watershed area for the tributaries of the Kaveri River. Any alterations to the landscape or disruptions to the terrain could lead to soil erosion, thereby adversely affecting the watershed area.

The report also highlighted that a road currently exists from Kurumalai to Attakatti via upper Aliyar, linking six settlements to the Attakatti or Valparai-Pollachi road.

The area is inhabited or traversed by tigers, leopards, elephants, and other Schedule 1 species. Furthermore, the forest hosts a diverse range of fauna and flora, such as amphibians, reptiles, birds, and both common and endemic plants. The Nilgiri Tahr, Tamil Nadu's state animal, also resides in this region. Any road construction will harm the ecosystem and wildlife habitats.

Moreover, the required wildlife and forest clearances have not been secured for the road. "The construction of a new road poses a significant threat to wildlife habitat, biodiversity and the ecological balance. It may increase human-wildlife conflicts due to increased movement, endangering the safety and well being of the local communities and wildlife. It may also have a significant negative impact on the people living in forest fringe villages who are directly and indirectly benefited by the forest and biodiversity present therein," said the report. 

Eco-sensitive zone of turtle sanctuary in Uttar Pradesh should be demarcated at the earliest: Joint Committee

Demarcation of the eco-sensitive zone of the Turtle wildlife sanctuary has not been done by the Uttar Pradesh government, said the joint committee report by the Uttar Pradesh Pollution Control Board, Sonbhadra.

It is crucial to promptly define the eco-sensitive zone. The local administration, via the mining department, should remove the established office and weighbridge and monitor the storage of minerals near Ibrahimpur village, Bhadohi. Furthermore, the local authorities have confiscated the stored sand discovered during a joint inspection in Bhadohi district.

The committee recommended that the local administration instal signage on various access roads leading to the turtle wildlife sanctuary to inform the public about the Turtle Wildlife Notification, prohibited activities and permissible activities.

The report adhered to the National Green Tribunal (NGT) order dated April 18, 2024. The applicant reported damage to the breeding grounds of turtles and aquatic life in the Prayagraj, Mirzapur, and Sant Ravidas Nagar Bhadohi areas due to extensive illegal sand mining using heavy machinery such as pokland machines, dumpers, tractors, and motor boats, which has also caused noise pollution.

According to available records, two environmental clearances (EC) have been granted for sand mining in Bhadohi district and one EC in Mirzapur district.

The joint committee has determined that there is no illegal mining activity occurring at the riverbed site within the Kachhua Wildlife Sanctuary, which is located in the Bhadohi and Mirzapur districts. The committee did note, however, a substantial amount of sand stored near the office of one of the mining leases.

The faunal diversity included sightings of two dolphins, five native fish species, and one exotic fish species. The joint committee did not find any turtles in the vicinity of the Kachhua Wildlife Sanctuary.

The District Magistrate of Prayagraj, responding to a request from the DFO Prayagraj regarding the turtle sanctuary, has mandated that no mining leases be approved within a 10 km radius, designating it as an eco-sensitive zone for the sanctuary. The order also instructed to halt any illegal sand mining within these eco-sensitive zones.

NGT seeks report on complaint of sugar factory in Belagavi, Karnataka flouting norms

The NGT July 22, 2024 directed Krishna Sahakari Sakkare Karkhane Niyamit, a sugar factory based in Belagavi district of Karnataka, to file its response on allegations of environmental norms being flouted. Moreover, the Karnataka State Pollution Control Board (KSPCB), Central Pollution Control Board, Ministry of Environment, Forest and Climate Change in Bangalore, and the Deputy Commissioner of Belagavi are also required to submit their responses to the southern zonal bench of the NGT.

The application was registered suo-motu on the basis of the news report titled Threat to groundwater Belagavi sugar factory under lens in the newspaper Deccan Herald on July 1, 2024.

The news article discussed breaches of environmental regulations under the Environment Protection Act, 1986 by Krishna Sahakari Sakkare Karkhane Niyamit, which pose a significant risk to groundwater. According to the report, the Central Pollution Control Board (CPCB) identified nine violations by the sugar factory and questioned why the factory in Athani should not be closed until it complies with the regulations.

The major violation identified by CPCB was the factory diverting effluents to a lagoon instead of treating it in the effluent treatment plant. Around five acres were converted into a lagoon and filled with effluent, ash and press mud.

Furthermore, the sample collected from the lagoon showed biochemical oxygen demand (BOD) at 976 mg per litre, Chemical Oxygen Demand (COD) at 2,856 mg/litre and Total Dissolved Solids (TDS) at 2,949 mg/litre. The TDS, BOD and COD of the effluent stored in the earthen lagoon exceed the treated effluent standards, posing a potential threat of groundwater contamination.

It was also claimed that during the inspection, one of the three bagasse boilers was monitored. The emission results showed that the particulate matter value was 6,843.28 mg per cubic metre, far exceeding the KSPCB limit of 150 mg per cubic metre.

The article also mentioned other violations, including the lack of a designated storage area for hazardous waste, failure to keep a log of the quantities of used oil, fly ash, press mud, sludge / solids generated, and the non-operation of a flow meter to monitor the ETPs.

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