Environmental Law Weekly Round-Up [08 May-15 May,2023]

A weekly round-up of development in environmental law jurisprudence.

Nominal Index

1. Sanjeev Kumar v.Uttar Pradesh Pollution Control Board & Ors
2. Naresh Chaudhary v.Union of India & Ors.
3. Gutha Gunasekhar & ors. v. Union of India & ors.
4. Vivek Verma v.State of Uttarakhand & Ors.
5. Waseem Ahmad v. State of U.P.
6. Yogesh Pratap Singh v.Secretary MOEF&CC & Ors.
7. XXX v. The State of Assam & 4 Ors.

National Green Tribunal

1.National Green Tribunal Imposes 50 Crore Compensation On Uttar Pradesh Aawas Vikas Parishad & Three Other Realtors For Environmental Degradation

Case Title: Sanjeev Kumar v.Uttar Pradesh Pollution Control Board & Ors

The National Green Tribunal (NGT) has imposed a 50 crore compensation on Uttar Pradesh Awas & Vikas Parishad, Prateek Realtors India Pvt. Ltd., M/s Apex Heights Pvt. Ltd., and M/s Gaur & Sons India Pvt. Ltd. for the inadequacy of green belt, absence of sewage treatment, and failure to prevent dust pollution.

The bench of Justice Adarsh Kumar Goel (Chairperson), Justice Sudhir Agarwal, Dr. A.Senthil Vel said that, “Thus,total estimated cost of restoration of Rs. 50 crores be deposited with the State PCB to be utilised for restoration of environment as per action plan to be prepared by CPCB, State PCB and District Magistrate with association of concerned stakeholders including the PPs.”

2.NGT Forms Committee On Alleged Violation Of Environmental Norms At Delhi CM Arvind Kejriwal’s Official Residence, Seeks Report

Case Title: Naresh Chaudhary v.Union of India & Ors.

The Principal Bench of National Green Tribunal (NGT) today constituted a joint Committee comprising Delhi Chief Secretary, Principal Secretary (Environment & Forest), a nominee of Delhi Urban Art Commission and District Magistrate, North, to ascertain the factual position about alleged violation of environmental norms at the residence of Delhi Chief Minister Arvind Kejriwal.

The bench of Justice Adarsh Kumar Goel (Chairperson), Justice Sudhir Agarwal and Dr.A. Senthil Vel said that,“In view of above averments and significance of requirement of compliance for cutting trees and providing green belt as a condition for constructions in congested and polluted city of Delhi, we consider it necessary to ascertain the factual position by constituting a joint Committee…”

3.NGT Quashes Environmental Clearance Given To Andhra Pradesh’s Avulapalli Reservoir, Imposes 100 Cr Penalty On Govt

Case Title: Gutha Gunasekhar & ors. v. Union of India & ors.

Setting aside the Environmental Clearance granted to Avulapalli Reservoir in Andhra Pradesh by State-Level Environmental Impact Assessment, the National Green Tribunal (Southern Zone) has imposed a Rs.100 Crore penalty on the State's Water Resource Department.

The bench of Justice Pushpa Sathyanarayana, Dr. Satyagopal Korlapati said,“It is extremely disturbing to note that a Government Department, in gross violation of the environmental laws, can go to the extent to implement an Irrigation Project by resorting to falsehood, misrepresentation and cheating the SEIAA.”

4.National Green Tribunal Seeks Report From DFO On Status Of Illegal Tree Felling In Nainital, Feasibility Of Geo-Tagging Of Old Trees

Case Title: Vivek Verma v.State of Uttarakhand & Ors.

National Green Tribunal (NGT) has directed the Divisional Forest Officer (DFO) to file an affidavit mentioning the present status in respect of all incidents of illegal felling of trees reported by the Joint Committee.

The Tribunal has also directed to mention in the affidavit about the feasibility and tentative costs of geo-tagging of old trees in Nainital, particularly Deodar and Oak trees.

The bench of Justice Arun Kumar Tyagi, Dr Afroz Ahmad has also said that, “PCCF (HoF) shall specifically mention the steps taken for setting up of Grievance Redressal Cell in compliance with the recommendation made by the Joint Committee in its report dated 31.10.2022.”

5.National Green Tribunal Imposes Rs 25,000 Cost On Applicant For Filing Plea Against Non-Existent Factory

Case Title: Waseem Ahmad v. State of U.P.

The principal bench of the National Green Tribunal (NGT) has imposed a cost of Rs. 25,000 on an applicant for filing an application alleging violation of environmental norms against a non-existent factory.

The bench of Justice Adarsh Kumar Goel(Chairperson), Justice Sudhir Agarwal, Dr.A.Senthil Vel said that, “the application was based on misleading and false facts which has resulted in abuse of process of law. Accordingly, the application is dismissed with cost quantified at Rs. 25,000/.”

6.National Green Tribunal To Examine Whether Construction Of Underground Parking Would Be Covered In Mining Activity?

CaseTitle:Yogesh Pratap Singh v.Secretary MOEF&CC & Ors.

In an application filed to quash Regulation 37(7) of the Development Control and Promotion Regulations for Greater Mumbai, which allegedly permits the construction of “unlimited basements”in Mumbai, the National Green Tribunal (Western Zone Bench) has decided to examine whether the construction of underground parking would be considered part of mining activity. This is due to the involvement of excavation of soil, gravel, etc.

The Tribunal will also decide whether construction of parking in the basement would require prior Environmental Clearance (EC) under 1(a) of the Schedule of the EIA Notification, 2006, which relates to minor minerals.

The bench of Justice Dinesh Kumar Singh and Dr.Vijay Kulkarni said, “The main emphasis has been given by the Applicant that this kind of excavation, which is involved in construction of 2 or 3 or even further deeper storied car parking, is resulting the huge excavation of soil.”

High Court

7.Gauhati High Court Initiates Suo Moto PIL Over Contamination Of Brahmaputra Tributary, Seeks Assam Govt's Response By May 18

Case Title: XXX v. The State of Assam & 4 Ors.

The Gauhati High Court on Thursday issued notice to the Assam Government and other authorities in a Suo Motu PIL regarding the contamination and degradation of Bharalu river.

The High Court has registered the Suo Motu PIL on the basis of a letter forwarded by Pratap Chandra Das, a former student of Sonaram Higher Secondary School, Guwahati.

Das, in his letter highlighted that the Bharalu river, which is a tributary to the Brahmaputra river, has been severely polluted as hazardous waste materials have been dumped into the river, which is causing risk to the health and hygiene of the society.