Daily Court Digest: Major environment orders (July 23, 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 23, 2024)
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Distillery polluting waterbody in Kasauli, Himachal Pradesh

National Green Tribunal (NGT) on July 22, 2024 expressed its frustration with a joint committee for delaying the collection of samples related to allegations of pollution by Mohan Meakin Pvt Ltd, a distillery, in the Kasauli Kund waterbody in Himachal Pradesh. The NGT granted the committee a four-week extension to submit a report on the matter.

The tribunal criticised the committee for failing to take immediate action after its formation on April 9, 2024 and for waiting until July 3 to collect samples. This delay, occurring at the start of the rainy season, diluted the discharge samples and compromised the accuracy of the analysis.

“Order of the tribunal has been frustrated by the joint committee’s delay in taking samples,” said the bench of Justice Prakash Shrivastava and Justice Arun Kumar Tyagi. The court also noted the absence of photographs in the report submitted on July 18, 2024, despite its mention, raising suspicions of local interference.

The tribunal instructed the member secretary of Himachal Pradesh Pollution Control Board (HPPCB) to investigate this matter and to appear at the next hearing on October 23, 2024 to explain the situation and actions taken against people concerned, if any, “who by causing delay, have frustrated the order of the Tribunal and may have perpetuated the environmental damage.”

A previous order by NGT on January 9, 2024 established a joint committee to inspect the site, assess the extent of pollution and recommend remedial measures. While the committee submitted reports on March 5 and April 5, 2024, the NGT found that the credibility of the report was doubtful.

As a result, on April 9, 2024, the tribunal convened a new joint committee comprised of a district magistrate for Solan, a member secretary for HPPCB, a representative of the Union Ministry of Environment, Forests, and Climate Change (MoEF&CC) and a representative from the Central Pollution Control Board’s Delhi office.

The joint committee was directed to visit the site, collect all relevant information regarding the Project Proponent’s compliance with norms, conduct a sample analysis for this purpose, and submit the report. However, no report has been submitted till now by the new joint committee in accordance with the court’s April 9 directions.

Forest encroachment in Saket, Delhi

The NGT on July 22, 2024 ordered the principal chief conservator of forests for Delhi, chief wildlife warden for Delhi, MoEF&CC and district magistrate, South Delhi to file their responses to allegations of forest encroachment in Saket, Delhi. The respondents have been directed to file their response at least one week before the next date of hearing on October 24, 2024.

An application was registered suo-motu on the basis of a news report in newspaper Navbharat Times on June 25, 2024, which claimed that approximately 500 huts had been constructed on six hectares of forest land between Press Enclave and Saket Sports Complex. The report also claimed that illegal dumping and burning of waste in the forest, including plastic and rubber, caused significant inconvenience to local residents.

The news report also highlighted that encroachers were attempting to build permanent structures in the forest, and if they were not removed promptly, the entire forest will be destroyed. It further alleged that no action was taken despite the forest department’s inspection of the area.

Drinking water contamination in villages near Palkhi, Pune

The NGT July 22, 2024 directed Central Pollution Control Board (CPCB) and other authorities to respond to a news report about contaminated water in 81 out of 82 water sources in villages along the Palkhi route in Pune district, Maharashtra. Maharashtra Pollution Control Board and MoEF&CC, Nagpur were also directed to file their response before the western zonal bench, Pune.

The report, Water from 81 out of 82 sources on Palkhi route found unfit for consumption, was published in newspaper Hindustan Times on June 24, 2024. The article stated that water samples from all 82 sources were sent to government-run sub-regional laboratories for testing. The samples were collected from villages near Baramati, including Medad, Malegaon, Budruk, Undavadisupe, Undavadi Kade Pathar, Barhanpur, Pimpali, and Katewadi, all along the Palkhi route and all except one were unfit for consumption.

According to the article, the majority of water samples from Pune and Pimpri-Chinchwad are safe and suitable for consumption because the water sources are cleaned and maintained on a regular basis. The unfit-for-consumption water samples were collected from rural areas of Pune, specifically villages along the Palkhi route. It was also stated that drinking contaminated or unsafe water can result in gastroenteritis, jaundice, typhoid, cholera or diarrhoea.

The news item also indicated violations of the Water (Prevention and Control of Pollution) Act, 1974 and the provisions of The Environment (Protection) Act, 1986, the NGT said.

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