Daily Court Digest: Major environment orders (March 17, 2023)

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 (March 17, 2023)
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Waste dumping

The National Green Tribunal (NGT) directed the Maharashtra Coastal Zone Management Authority to prepare a time-bound action plan to prevent unauthorised waste dumping and encroachments as well as the restoration of mangroves in Mumbai city near the coastal road at Wadala to Mahul.

There appears to be a lack of interdepartmental coordination and failure to remedy the situation by adopting a stringent approach, the tribunal said on March 15, 2023.

The NGT, citing a status report filed by a joint committee in February, said the action on this front was inadequate even after more than five months since its prior order. The tribunal noted that construction and demolition waste had not been removed and illegal encroachments remained. The tribunal was responding to a petition alleging unauthorised structures being constructed against Coastal Regulation Zone norms.

Hills in Udaipur

The NGT directed the chief secretary, Rajasthan, to ensure measures are adopted to protect the hills in Udaipur. It should be ensured that important water supply projects are aligned with the environmental norms without cutting the hills.

The tribunal, on March 15, directed the chief secretary to consult the geology department of the state or any other expert to take preventive and remedial measures for the protection of the hills by notifying boundaries and conducting suitable demarcation. Such measures have to be taken within three months. A public notice be issued prohibiting developmental/construction activities on the hills of Udaipur, the NGT order said.

Explosion in a pharma company

The NGT, on March 15, directed pharma company Ven Petrochem & Pharma India to pay more compensation to the kin of the workers who lost their lives during an explosion in the company on February 28.

The tribunal was informed that the total compensation paid by the company was Rs 10 lakh. This amount was neither adequate in accordance with the provisions of the Workmen Compensation Act nor the scale of minimum compensation awarded by the NGT in many cases.

Thus, the NGT directed the company to pay an additional compensation of Rs 10 lakh to the kin of each of the deceased and Rs 10 lakh to each of the injured. In addition, the authorities have been asked to ensure compliance with safety protocols in light of a report of the joint committee constituted for the purpose.

“This requires ascertaining precise cause of the incident and measures required to be adopted to prevent such incidents in future. Status of compliance of Manufacture, Storage and Import of Hazardous Chemical Rules, 1989 has not been verified,” the NGT order read.

And for this purpose, the tribunal directed the constitution of a joint committee. The committee will visit the site, ascertain the cause of the incident and suggest measures to be adopted to prevent such incidents.

Brick kiln violating norms

The NGT, on March 15, directed the Uttar Pradesh Pollution Control Board and the district magistrate, Moradabad, to investigate the allegations of a brick kiln operating in violation of environmental norms.

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