The National Green Tribunal (NGT) directed the District Collector, Ernakulam and other concerned authorities to ensure payment of compensation expeditiously to the family members of the deceased victims of  a blast took place in a temporary firecracker storage unit at Choorakkadu set up in connection with the festival at Puthiyakavu Temple at Thrippunithura in Ernakulam District in Kerala on 12.02.2024.

The Principal Bench of Justice Prakash Shrivastava , Justice Arun Kumar Tyagi and Dr. A Senthil Vel disposed of a Petition registered suo-moto on the basis of the news item appearing in the daily newspaper dated 12.02.2024.

In that incident, though as per the news item, one person had died but as per the report, two persons had died and several others were injured.   

The news item raises substantial issue relating to compliance of environmental norms.  

“Power of the Tribunal to take up the matter in suo-motu exercise of power has been recognized by the Hon’ble Supreme Court in the matter of “Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors.” reported in 2021 SCC Online SC 897.”

On the basis of advance notice, Additional District Magistrate for District Collector, Ernakulam has filed the report disclosing that the firecrackers were bought in a vehicle for fireworks display in connection with Puthiyakuvu Devi Temple festival where the explosion took place. As per the report, firecracker carrying vehicle and the house where they were stored, were entirely destroyed and the site assessment revealed that vehicles in the nearby houses and surrounding had also sustained damages. 

The magisterial inquiry has been directed and as per the report of ADM, temple authorities had not submitted any application for permission to display fireworks in connection with the 2024 festival and the Office of ADM had not issued any license to store any explosives or permission to display fireworks in connection with the festival.   

The Bench noted that the report by ADM does not disclose any action by authorities for payment of compensation to the family members of the victims who have lost their lives and those who have suffered injuries in that incident. The Tribunal by order dated 16.01.2023  in the matter of K. Saravanan vs. State of Tamilnadu, had directed that compensation be enhanced to ₹20,00,000/- in respect of each death and ₹10,00,000/- each to the injured. The authorities are required to pay compensation to the victims in accordance with law and keeping in view the earlier orders of the Tribunal.   

The Counsel  for District Collector had submitted that the authorities though will pay compensation but they are entitled to recover the same from the Temple Authorities in accordance with law.   

“Hence, we require the District Collector, Ernakulam and other concerned authorities to ensure payment of compensation expeditiously to the family members of the deceased victims as also injured as per norms in accordance with law preferably within a period of eight weeks from today. District Collector, Ernakulam will submit the action taken report before the Registrar of Southern Zonal Bench of the Tribunal within three months. If found necessary, the matter will be listed before the Southern Zonal Bench. Office is directed to transfer the original record of the OA to Southern Zonal Bench”, the order reads.

The National Green Tribunal (NGT) took Suo Motu cognizance of the matter of  illegal mining and illegal gravel storage in Kishanganj range area of Bihar.

The Petition is registered suo-moto on the basis of the news item appearing in the daily newspaper dated 25.01.2024.

The news item discloses that the same action has been taken against the illegal mining in the Kishanganj range and the Forest Department has seized 220 tonnes of gravel. 

Similarly, as per the news item in Kelwara range area, 90 trolleys filled with illegally mined stones have been seized and in Kavai also 1 trolley illegally transporting stones and boulders was seized.   

The news item raises substantial issue relating to compliance of environmental norms.  

“Power of the Tribunal to take up the matter in suo-motu exercise of power has been recognized by the Hon’ble Supreme Court in the matter of “Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors.” reported in 2021 SCC Online SC 897.”

Hence, the Principal Bench of Justice Sudhir Agarwal , Justice Arun Kumar Tyagi and Dr. A Senthil Vel impleaded the following as respondents in the matter:

i. Bihar State Pollution Control Board through its Member Secretary. 

ii. District Magistrate, Kishanganj.   

Since the matter relates to the Eastern Zonal Bench, Kolkata , therefore , the Bench transferred the matter to the  Eastern Zonal Bench for appropriate further action. Office is directed by the NGT to transfer the original record to the  Eastern Zonal Bench  and the matter is listed on 10.05.2024.

The National Green Tribunal directed the Additional Chief Secretary, Environment and Forest, Uttarakhand to furnish status on meeting/review conducted by the Committee (constituted by the Tribunal on the issue of unregulated violations of environmental norms ) under the Chairmanship of Chief Secretary, Uttarakhand.

The Principal Bench of Acting Chairperson Justice Sheo Kumar Singh, Justice Arun Kumar Tyagi, Dr. A. Senthil Vel heard an Execution Application has drawing attention of the Tribunal towards order dated 08.02.20223 passed in Original Application of 2022 where large scale, unregulated violations of environmental norms along with pilgrim tracks of Kedarnath, Hemkund Sahib, Yamunotri and Gomukh pilgrimage centres in Uttarakhand. Such violations inter-alia consist of indiscriminate disposal of plastic and animal waste, unregulated human waste, unregulated equine dung/waste/carcasses.

A Committee was constituted by this Tribunal in its Original Application which suggests certain remedial measures and recommendations which is as follows:- “xxx……………………………..xxx………………………………………..xxx

5. Concluding Remarks and Recommendations:

It is evident from the above observation that solid and plastic waste management is very poor in the pilgrim tracks, viz. Kedarnath, Yamunotri, and Hemkund Saheb. However, Gangotri-Gomukh trek has moderate level of management for solid waste which need to be strengthened. On the track, there was solid and plastic waste as well as mules/equines dung. No proper collection, transportation and disposal system for solid waste, plastic waste and dung was observed. Waste is swept to the side of the track by sweepers working to clean the tracks. The shelter/ghodapadav was found to be in extremely poor condition. In comparison to registered mules/equines, there are fewer and smaller shelters. All four pilgrim tracks have a dung heap at the shelter place. Disposal mechanism of dead body of mules/equines is not defined. Hence, Zila Panchayat, Chamoli, Rudraprayag and Uttarkashi may be directed to comply with following recommendations:

a. An initial level carrying capacity assessment of mules/equines on the track path is being done by GBPNIHE using preliminary data provided by the district authorities/agencies . However, a socio-ecological criteria based extensive study is required for the carrying capacity assessment of all the pilgrim tracks through reputed govt. Institute and accordingly allow pilgrims to visit. A system for managing and regulating people in pilgrimage locations, especially during peak season, should be developed (April, May and June).

b. The agency shall collect all solid and plastic waste, and site-specific mechanisms for its collection and transportation should be devised.

c. The agency needs to setup a solid waste processing plant. All solid waste should be properly treated/disposed off as per the Solid Waste Management Rule, 2016.

d. Plastic waste should be collected and disposed off through registered recyclers.

e. The agency should provide adequate space at ghodapadav/shelter. Dung generated from shelter and track should be cleaned at regular interval and disposed off as per the Solid Waste Management Rule, 2016.Dung at track should be cleaned at regular interval and immediately send to treatment area.

f. Agency should ensure proper treatment of liquid waste generated from mules/equines.

g. The State Government or Agency should provide a team of veterinarians to every pilgrimage site to ensure adequate care of mules and horses and to prevent animal abuse.

h. A system should be established to make sure that the post-mortem and verification of insured deceased mules doesn’t take too long, and that they are disposed of in accordance with CPCB guidelines.

i. Regular surveillance is required to ensure compliance with the above recommendations as well as proper enforcement of the Solid Waste Management Rules, 2016 and the Plastic Waste Management Rules, 2016, as amended.”

The Tribunal vide order dated 08.02.2023 further observed as follows:-

“5. The report shows serious failure on the part of Administration in the State in breach of its Constitutional responsibility for which accountability needs to be fixed and the situation remedied on war footing for protection of environment in fragile eco-system of Himalayas and upholding the principle of sustainable development. This needs to be taken up on priority at highest level in the Administration in coordination with all concerned. Such important and sensitive responsibility should not be left with Zila Panchayats without serious involvement of District Administration and the State at higher levels.

6 Accordingly, we allow this application and direct the State to forthwith take effective remedial measures in the matter. A joint Committee of Chief Secretary, Uttarakhand, Additional Chief Secretary, Environment and Forest, Uttarakhand, DGP, Uttarakhand, Director, G.B. Pant National Institute of Himalayan Environment & Sustainable Development, Director, Wildlife Institute of India, Dehradun, District Magistrates, Rudraprayag and Uttarkashi, Chairmen, Zila Panchayats, Rudraprayag and Uttarkashi Districts may meet within 15 days from today to take stock of the situation and prepare road map. The Committee will be free to meet online/offline, to undertake site visits and interact with stakeholders. The action plan may inter alia include limiting number of vehicles, type of vehicles, number of tourists, number of mules, consistent with the carrying capacity of eco-sensitive area. It may review and plan infrastructure for waste management, disposal of dead mules and other measures for protection of flora and fauna, safety precautions, installing locations for CCTV cameras, monitoring mechanism, control room, developing an appropriate mobile App, preparing SOP and display boards of do’s and don’ts, demarcation of areas where activities incompatible with environment are prohibited/regulated, sources of funds to sustain regulatory measures, traffic management at suitable locations, compliance of environment norms including Water Act, Air Act and EP Act, imparting awareness and education on environmental issues to the tourists, inhabitants and operators. The action plan may also include discouraging use of food and products packed in non-biodegradable packaging material, encouraging depositing waste at designated places, involving citizens – the youth, house-wives and senior citizens in guiding tourists in maintaining cleanliness and hygiene.

The taxi drivers and bus drivers may also be involved in creating awareness among the tourists. The execution of action plan may be duly monitored in the light of experience gained, the plan may be revised periodically every seasons or as per need. Waste processing/management facilities for bio-degradable and nonbiodegradable waste may be set up at appropriate locations which may be set up on contract basis or otherwise, using best practices on the subject. Requisite funds be allocated at district and gram panchayat level for execution of action plan which may be monitored at District Magistrate level and finally supervised by the Chief Secretary.”

A direction was issued to the Chief Secretary, Uttarakhand, Additional Chief Secretary, Environment and Forest, Uttarakhand, DGP, Uttarakhand, Director, G.B. Pant National Institute of Himalayan Environment & Sustainable Development, Director, Wildlife Institute of India, Dehradun, District Magistrates, Rudraprayag and Uttarkashi, Chairmen, Zila Panchayats, Rudraprayag and Uttarkashi Districts to take further actions in light of report submitted by the Committee and in view of the directions of the Tribunal .

According to the applicant, no steps have been taken to take remedial measures by the authorities concerned. Aggrieved by the inaction on the part of the Administrative Authorities, the applicant filed this Execution Application. The contention as raised by the Counsel for the applicant shows that the orders have not been complied with and no remedial action has been taken.

“In view of above, UEP&PCB and District Magistrates, Rudraprayag and Uttarkashi are directed to submit the action taken report in compliance of the order dated 08.02.2023 quoted above within three weeks by e-mail at judicialngt@gov.in preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF. We further direct Additional Chief Secretary, Environment and Forest, Uttarakhand to furnish status on meeting/review conducted by the Committee under the Chairmanship of Chief Secretary, Uttarakhand in three weeks”, the NGT directed posting the matter on 04.09.2023 for further heraing.

With regard to allegations of illegal mining by Bharatiya Janata Party (BJP) Member Parliament from Kesar Ganj, Brij Bhushan Saran Singh in Gonda District of Uttar Pradesh, the National Green Tribunal (NGT) has constituted a Joint Committee to verify the factual position and take appropriate remedial action.

The Principal Bench comprising Justice Arun Kumar Tyagi and Dr. A. Senthil Vel heard an application raising regarding illegal mining by Brij Bhushan Sharan Singh Member in villages Majharath, Jaitpur, Nawabganj, Tehsil Tarbganj, District Gonda, illegal transportation of the extracted minor minerals by overloaded trucks numbering more than 700 everyday, storage and illegal sale of minor mineral measuring about 20 lakh cubic meters and damage caused to Patpar Ganj Bridge and Road by overloaded trucks.

Prima facie, the averments made in the application raise questions relating to environment arising out of the implementation of the enactments specified in Schedule I to the National Green Tribunal Act, 2010 , the NGT held.

In view of the averments made in the application, the NGT considers it appropriate that a Joint Committee be constituted to verify the factual position and take appropriate remedial action.

Accordingly, the NGT constituted a Joint Committee comprising of Ministry of Environment, Forest and Climate Change (MoEF&CC), Central Pollution Control Board (CPCB), National Mission for Clean Ganga (NMCG), Uttar Pradesh Pollution Control (UPPCB) and District Magistrate, Gonda and directed the same to meet within one week, undertake visits to the site, look into the grievances of the applicant, associate the applicant and representative of the concerned project proponent, verify the factual position and take appropriate remedial action by following due course of law and giving opportunity of being heard to the project proponent. The Committee may particularly clarify on compliance with Sustainable Sand Mining Management Guidelines, 2016 and Enforcement & Monitoring Guidelines for Sand Mining, 2020 including remediation/rehabilitation of mined areas and damage caused to river Saryu. The State PCB will be the nodal agency for coordination and compliance, the NGT directed.

Matter is listed on 07.11.2023 for further hearing.

The National Green Tribunal is of the view that proper methodology should be developed by the authorities concerned/Delhi Metro Rail Corporation (DMRC) to utilise water and to prevent throwing of water through pipeline on the road to create further nuisance and disturbance on the road side.

The Principal Bench Acting Chairperson Justice Sheo Kumar Singh, Justice Arun Kumar Tyagi, Dr. A. Senthil Vel heard an application raising issue in discharge of rain water on the road side and not to have proper methodology and manner of disposal or recharge of water and to utilize it by the DMRC.

It is further submitted that DMRC is violating Rule 50 of Delhi Water & Sewer (Tariff & Metering) Regulations, 2012 and considering the matter this Tribunal, vide order dated 27.04.2022, constituted a Committee consisting of DMRC, State PCB and Delhi Jal Board to have site inspection and take remedial action and submit factual and action taken report.

In compliance thereof, Counsel appearing for the DMRC has filed a report on 25.02.2023 and submitted that action has been taken by the authorities concerned and pipe has been extended and connected inside of pit to avoid spillage of water. The authorities have simply extended the pipeline on the road and no measures have been taken to utilize the water or to channelize it and water through pipe was thrown into the open road.

Accordingly, the NGT constituted a joint Committee consisting representatives from:

(i) Public Works Department, Delhi

(ii) Municipal Corporation of Delhi;

(iii) DMRC and

(iv) Delhi Pollution Control Committee

The Tribunal directed them to have a technical report with the help of technical officers for developing a methodology/engineered structured modal to reuse the water for plantation, water into barrage pass or recharging the groundwater and applying it to all such pillars.

The NGT directed that further action taken report be filed within four weeks and listed the matter on 31.10.2023.

The National Green Tribunal (NGT) recently directed the Haryana State Pollution Control Board to immediately take remedial action and to stop mining activity and to realize the environmental compensation according to rules and to submit the report within four weeks.

The Principal Bench of Acting Chairperson Sheo Kumar Singh, Justice Arun Kumar Tyagi, Dr. A. Senthil Vel heard an application raising Issue of illegal mining by a Group, Tehsil Gannaur, District Sonipat, Haryana. It is further contended that the unit is extracting sand from Yamuna beyond permissible quantity and without consent to operate in violation of section 33 (A) of the Water (Prevention and Control of Pollution) Act, 1974 and in violation of EC conditions.

The report submitted by the Pollution Control Board reveals that

(i) Unit was operating without valid CTO under Water Act, 1974 and Air Act, 1981 from the Board, thus violating the condition of environmental clearance.

(ii) Not submitted six monthly compliance report of the environmental clearance conditions.

(iii) Not submitted the report of Replenishment study of the mining in the River bed as per environmental clearance condition.

(iv) Not submitted copy of reports of regularly Monitoring of Ground Water level and quality have to be carried out in and around the mine lease by establishing a network of existing wells and constructing new piezometers during the mining operation. The monitoring have to be carried out four times in a year: Premonsoon (April-May), Monsoon (August), Post monsoon (November) and winter (January) and the data collected may be sent regularly to the ministry of Environment, Forest & Climate Change, its Regional Office Chandigarh, Central Ground water authority Regional Director, Ground Central Water Board, State Pollution Control Board and Central Pollution Control Board, but unit has not submitted the reports to HSPCB Sonepat.

(v) Not submitted copy of data on ambient air quality which will be regularly submitted to the ministry including its Regional Office located at Chandigarh and the State Pollution Control Board/ Central Pollution Control Board once in six months but date wise data along with Analysis reports has not been submitted for PM10, PM2.5, S02 & NOx.

(vi) Not submitted copy of the Environment statement for the preceding year.”

The Bench noted that the unit was inspected by Regional Officer and in its inspection report the letter has 3 been addressed to Chairman, Haryana State Pollution Control Board (Panchkula) with the facts that unit was operating without obtaining CTO from the board and no reply have been submitted in response to the notice.

Further the Bench noted that the matter was within the knowledge of the Regional Officer, HSPCB and inspite of the knowledge that the unit has no valid CTO it was indirectly permitted to operate without any valid CTO in violation of environmental rules. No further action has been taken to recover the environmental compensation which was assessed to the tune of Rs. 35,66,000/-. Inaction on the part of Regional Officer concerned reveals that the Regional Officer is supposed to do his duty sincerely, fairly, and honestly but he failed to exercise his duty sincerely, fairly, and honestly, and thus causing loss to the state exchequer by his inaction and indirectly permitting the unit to operate without obtaining CTO.

“The Member Secretary, HSPCB is directed to take disciplinary action against the concerned Regional Officer for negligence in performing his duties and indirectly permitting for illegal mining causing loss to state exchequer”, the Bench directed.

It is observed by the Bench that there is huge degradation of the environment on account of unregulated sand mining remains which is otherwise lucrative activity. It poses threat to bio-diversity, could destroy riverine vegetation, cause erosion, pollute water sources, badly affecting riparian ecology, damaging ecosystem of rivers, safety of bridges, weakening of riverbeds, destruction of natural habitats of organisms living on the riverbeds, affects fish breeding and migration, spell disaster for the conservation bird species, increase saline water in the rivers. It has direct impact on the physical habitat characteristics of the rivers such as bed elevation, substrate composition and stability, in stream roughness elements, depth, velocity, turbidity, sediment transport, stream discharge and temperature. Increase in demand of sand has placed immense pressure in the supply of sand resource and mining activities were going on illegally as well as legally without requisite restrictions. Lack of proper planning and sand management disturbs marine ecosystem and upset the ability of natural marine processes to replenish the sand.

The Supreme Court (in Deepak Kumar, supra) noted that core group was constituted by the MoEF&CC to examine the impact of minor minerals on riverbeds and ground waters. A draft report was prepared recommending mandatory preparation of mining plan on the pattern of mining plans for major minerals. Further recommendations are reclamation and rehabilitation of abandoned mines, proportion of hydro geo-logical balance for minerals below ground water table limiting depth of mining to 3 meter and identification on locations where mining should be permitted was required. There is need for identifying safety zones in the proximity of intendments. Thus, strict regulatory parameters were required for regulating mining of minor minerals. It was noted that in-stream mining lowers the stream bottom of rivers which may lead to bank erosion. Depletion of sand in the stream bed causes deepening of rivers which may result in destruction of aquatic and riparian habitats. It has impact on stream’s physical habitat characteristics.

The principal bench of Justice Sheo Kumar Singh (Acting Chairperson), Justice Arun Kumar Tyagi, Dr. A. Senthil Vel heard a Suo Moto case taken up from the News item titled “Several of the country’s 1.382 islands are under siege from unseasonal cyclonic storms, sea erosion and new development projects and one island has entirely disappeared from the map” appeared in the newspaper on 19.03.2023 .

As per the news item several islands along the Indian Coast as well as some of the Islands in the rivers are vulnerable for erosion and submergence. One of the main causes of submergence of island is because of Sea Level rise and global warming. There is an influx of saline water in agricultural and drinking water in these islands due to sea level rise.

Based on the news item and the environmental concerns, notices were issued to the Ministry of Earth Sciences and Ministry of Environment, Forest & Climate Change (MoEF & CC) to file their response.

The matter was taken up July 11 and the response from Earth Sciences, Director of Metrology was examined. No response was filed by MoEF & CC. As per the response of the Ministry of Earth Sciences, India’s average temperature has risen by around 0.63 0c during 1901 to 2021. This rise in temperature is largely on account of GreenHouse Gases induced warming, partially offset by anthropogenic aerosols. The rise in temperature has resulted in melting of glaciers, rise in sea levels, changing precipitation patterns and increasing tendency of weather and climate extremes on a global scale.

The Report from Ministry of Earth Science also states that:

“The global average sea level has risen by 19 cm from 1901 to 2010 the average rate of rise measured by satellite has been 3.2 ( 2.9 – 3.5) mm/year since 1990s up from 1.7 (1.5-1.9) mm/year during twentieth century, obtained from historical tide gauge records. Thermal expansion and glacier melt because of anthropogenic global warming have been the major drivers of rise in global sea levels over the past century. Sea-level rise in the North Indian Ocean (NIO) occurred at a rate of 1.06–1.75 mm per year during 1874–2004 and has accelerated to 3.3 mm per year in the last two and a half decades (1993–2017), which is comparable to the current rate of global mean sea level rise. At the end of the twenty-first century, steric sea level in the NIO is projected to rise by approximately 300 mm relative to the average over 1986–2005 under the RCP4.5 scenario, with the corresponding projection for the global mean rise being approximately 180 mm.”

In view of the above, dangers of sea level rise and submergence of low lying lands such as islands it is imperative that these islands should be protected as people are living. In view of the above the NGT constituted a Committee comprising of

(1) Director, National Institute of Oceanography, Goa (NIO, Goa),

(2) Director National Centre for Sustainable Coastal Management, Chennai (A body under MoEF & CC),

(3) Director National Institute of Ocean Technology, Chennai and Director,

(4) Director, Survey of India, Dehradun.

The above Institutions shall study the impact of Sea Level rise on the islands and frame policy & measures to protect these islands from submergence, erosion, saline ingression, flooding and other adverse environmental aspects. The above Committee shall be free to include any other experts and Institutions that they feel appropriate. The Committee may also hold discussion with stakeholders if required. NIO, Goa shall be the nodal agency for the Committee. The report of the committee be submitted within three months, the NGT directed posting the matter on 13th October, 2023.

The National Green Tribunal directed the  State of Himachal Pradesh  to consider the desirability of initiating proposal for enactment of appropriate legislation for protection of trees in rural areas also as may be considered appropriate.
The Bench of Justice Arun Kumar Tyagi and Dr. Afroz Ahmad heard an application filed with the  grievance regarding illegal pruning of all branches of 200 fruit bearing mango trees standing on DaulatpurGagret Guglehad road done by PWD through a contractor without obtaining requisite permission from the Forest Department and without any tender or work order in violation of protective prohibition order passed by  High Court of Himachal Pradesh.

In compliance with the order dated 04.11.2022  IAS, Deputy Commissioner, Una, HP,  Superintending Engineer and IFS, Deputy Conservator of Forest, Una have appeared through VC and NGT have interacted with them.   

In the present case , from  the report of the Joint Committee and replies filed , the NGT noted the illegal pruning of a large number of mango trees in violation of the environmental norms. 
It has been stated that the enactment by the State of Himachal Pradesh covers protection of trees within Municipal areas only. 
“Respondents no. 1 and 2 are directed to consider desirability of initiating proposal for enactment of appropriate legislation for protection of trees in rural areas also as may be considered appropriate.”
In the meanwhile the Bench directed that the  steps be taken for issuance of Government order/administrative instructions prescribing the norms regarding pruning of trees in municipal as well as rural areas. Action taken report along with the copies of the Government orders/administrative instructions so issued may be filed before the Tribunal.   

Further the Tribunal directed the Respondents to file their reports regarding present status of each of the mango trees illegally pruned and also regarding assessment, in monetary terms, of the damage caused by the illegal pruning of mango trees.
The matter is listed for further consideration on 20.07.2023.

The National Green Tribunal has issued a slew of directions for management of waste.

The bench of Justice Adarsh Kumar Goel,Justice Sudhir Agarwal, Justice Arun Kumar Tyagi, Dr.A.Senthil Vel, Dr.Afroz Ahmad heard a suo moto application to monitor the Compliance of Municipal Solid Waste Management Rules.

The issues of solid as well as liquid waste management are being monitored by this Tribunal as per orders of the Hon’ble Supreme Court order dated 02.09.2014 in Writ Petition No. 888/1996, Almitra H. Patel vs. Union of India &Ors., with regard to solid waste management and order dated 22.02.2017 in W.P. No. 375/2012, reported in (2017) 5 SCC 326,Paryavaran Suraksha vs. Union of India, with regard to liquid waste management. Other related issues include pollution of 351 river stretches, 122 non-attainment cities in terms of air quality, 100 polluted industrial clusters, illegal sand mining etc. have also been dealt with earlier but currently proceedings are confined to two issues of solid waste and sewage management.

In continuation of earlier orders on the subject, the compliance status in Chandigarh was last reviewed by the Tribunal on 18.08.2022 in the presence of Advisor to the Administrator, UT Chandigarh.Thereafter, in the light of order dated 01.09.2022 passed in the case of State of West Bengal, the Tribunal noted that the quantum of compensation needs to be determined for restoration measures in light of order dated 01.09.2022 passed in the case of State of West Bengal.

Accordingly, notice was directed to be issued vide order dated 07.09.2022 to the UT of Chandigarh and other States/UTs where the proceedings were earlier closed to respond to the proposal for further directions on the pattern of order dated 01.09.2022 in the case of West Bengal.In response to the above, Advisor to Administrator, Chandigarh has filed a status report on 17.05.2023 and appeared in person through VC with other Senior officers as noted in the appearance. The NGThave interacted with Advisor to the Administrator and considered the response which we proceed to analyse.

From the Data filed the NGT noted that out of 8 lakh MT legacy waste, 2.5 lakh MT has been remediated. Remaining legacy waste remains to be remediated. It is stated that work plan with funds are firmed up for the purpose. Processing plants of 550 TPD are proposed to be set up at Chandigarh for processing of waste on day to day basis. Current generation of waste is 588 TPD while processing is only 120 TPD (80 TPD dry waste). Thus, there is gap of 468 TPD which is further adding to legacy waste. With regard to sewage management, gap is to the extent of 133 MLD. Generation of sewage is 220 MLD and actual treatment as per standards is only to the extent of 87.6 MLD.

During the hearing, it is submitted that compensation need not be levied on Chandigarh as it has already allocated requisite funds are readily available and works are in progress. To bridge the above gaps, estimated amount of Rs. 282 Crores may be kept in a separate account as the NGT was informed that adequate funds are available with the Administration for the purpose and is to be utilized during the year 2023-24.

Critical issues to be addressed include :-

(i) utilisation of treated sewage for non-potable purposes, particularly agriculture, avoiding discharge into rivers or water bodies.

(ii) performance based O&M mechanism for STPs

(iii) preventing mixing of current waste with legacy waste and bio-remediating both

(iv) identifying and authorizing the endusers/ destination of processed waste. The Chandigarh Administration may also benefit itself by studying models in other States and orders of this Tribunal in respect of other States, the NGT obsrved.

With regard to the issue of compensation for past violations beyond laid down timelines, the NGT accepted the prayer of Advisor to Administrator that instead of levying compensation, the Administration itself may ensure availability of funds at least to the extent of Rs. 282 Crores by transferring the amount in a separate ring-fenced account, to be operated as per
directions of the Advisor to Administrator. This will not debar incurring expenditure over and above the said amount of Rs. 282 Crores, if found necessary for solid and liquid waste management.

Directions:

i. Installed capacity of 8 existing/upgraded and renovated and new STPs be fully utilized to their capacity and made compliant with the standards preferably within four months.

ii. Treated water be utilized for secondary purposes, including industries and irrigation. If necessary, conveyance/distribution system be laid preferably in next six months.

iii. Gap in waste processing be plugged by setting up of additional facilities to process bio-degradable and non-biodegradable and other waste estimated to be 468 TPD, preferably within four
months along with the legacy waste of 5.5 lakh MTs.

“Six monthly progress reports in the matter may be filed with the Registrar General of this Tribunal by e-mail as directed in the case of West Bengal quoted above for review at appropriate time. If found necessary, RG may place the matter before the Bench for further directions”, the NGT further directed while closing the proceedings.

The National Green Tribunal (NGT) has disposed of an application seeking a direction to Punjab to stop polluting drinking water in Ganga Canal flowing to Sri Ganga Nagar, Rajasthan.

The application has been filed by one G.S. Bansal. The applicant has averred that hundreds of persons are getting sick by drinking the polluted water. Some Senior Officers of the Punjab Administration are, by their inaction, supporting the factory owners in polluting Ganga Canal. The applicant has further averred that this Tribunal has warned several times but has not made any difference.

Vide order dated 05.07.2022, this Tribunal constituted a Joint Committee with direction to submit factual and action taken report.

In compliance thereof report of the Joint Committee has been filed vide email dated 16.03.2022.

The principal bench comprising Justice Arun Kumar Tyagi (Judicial Member) and Dr. Afroz Ahmad (Expert Member) have gone through the report of the Joint Committee. In the report of the Joint Committee, it has been mentioned that District Sriganganagar, Rajasthan received good quality of water throughout the year except in May and June when quality of water gets deteriorated due to stagnation near the gates during closure period of canal. Remedial measures have already been/are being taken as mentioned in the report of the Joint Committee. Appropriate filtration and chlorination of the drinking water received from the canal is done before supplying the same to the public through the distribution system. On analysis of the water samples drawn at different levels for chemical and bacteriological parameters and heavy metals from January 2022 till February 2023 no heavy metal were detected and various parameters were found within permissible limits. The sources of pollution discharging effluent to the drains leading to rivers have already been identified by the Punjab Pollution Control Board and remedial measures by way of setting up of STPs are being taken.

In the report, it has been mentioned that the incidents of cancer patients found in the area could not be attributed to canal water but still suggestion has been made for getting the study conducted from ICMR or any other Institute of Repute by CPCB regarding the problem so that appropriate remedial measures can be taken, if so required. The Joint Committee has also recommended that Government of Rajasthan must ensure that the raw water from the canal reaching the urban and rural areas of the District receives conventional treatment and disinfection before its supply to the public for potable purpose and to ensure that no unauthorized supply of canal water without required treatment and disinfection is available to the public, specifically in rural areas.

The NGT accept the report of the Joint Committee and directed that appropriate remedial measures as mentioned in the report of the Joint Committee be taken.

It is also directed by the NGT that Rajasthan Pollution Control Board (RJSPCB) and Punjab Pollution Control Board (PPCB) to get a joint study conducted by Indian Council of Medical Research (ICMR), New Delhi or Indian Toxicological Research Institute (ITRI), Lucknow to find out the root causes of increasing cancer patients in both the States as suggested in the report of the Joint Committee. The expenses of such study may be borne by RSPCB and PSPCB jointly in equal proportions. The Member Secretary, RSPCB shall be the nodal officer for the purpose of carrying out of the study and all maters related thereto. On completion of the study, copies of the study report shall be sent by the Member Secretary, RSPCB to the Chief Secretaries of Government of Rajasthan and Punjab respectively who shall take appropriate measures in accordance with the observations/recommendations in the study report, as may be required, in time bound manner. The Member Secretary, RSPCB and PSPCB shall also ensure that a copy of the study report be also uploaded on the website of the RSPCB as well as the PSPCB.