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The National Green Tribunal issued notice to Central Ground Water Authority; Ministry of Jal Shakti; Ministry of Environment, Forest and Climate Change and various States’ Department of Water Resources.
Considering the human health aspect, the authorities are expected to take best possible measure to improve the air quality in the city.
The NGT said that the Chief Secretary’s direction to accord top priority to control the stubble burning and ensure that such incidents are immediately reduced to zero, however, did not bring about any fruitful results.
The Air Quality Bulletins showed that there are various cities where the air quality index has dipped to ‘very poor’ or even to ‘severe’ stage.
“The use of firecrackers in cities/towns where air quality is ‘moderate’ or below was restricted to only green crackers only and for duration of not more than two hours and only for celebration of any specified festival or occasion”.
Details of the Sewage Treatment Plants, drains discharging both treated waste water and untreated waste water, steps taken for utilization of the treated waste water for agriculture, etc. lacked in the status report.
NGT had highlighted the serious functional irregularity in efficiency and competence on the part of CECB officials, holding them guilty of offence under Section 26 of NGT Act for failure to comply with NGT order.
The Tribunal noted that the activity of illegal sand mining was within the knowledge of the Regional Officer, HSPCB and still the Unit was permitted to operate without valid Consent to Operate.
The Court observed that the recommendations made by an Expert Committee are not binding on the NGT, they are only by way of assistance to enable the NGT to arrive at a correct decision in the matter.
The matter was further listed for hearing on 31-07-2023.
It was alleged that during the construction activities at 6 Flag Staff Road, Delhi, 20 trees were cut illegally as permissions for tree cutting were sought manipulatively.
The Tribunal noted that while developing housing projects in Ghaziabad, the Project Proponents violated environmental norms for plantations and sewage treatment plan.
The Tribunal constituted an eight-member fact-finding Joint Committee about the incident headed by Chairman of the State Pollution Control Board, Punjab.
The opening of the Atal Tunnel or availability of parking space is not sufficient ground to increase the number of vehicles allowed to Rohtang Pass.
The National Green Tribunal said that an environment free from noise pollution is necessary, but operation of railways is an essential activity, and must be conducted.
National Green Tribunal said that the State has to take precautions to prevent such incidents in future, apart from paying compensation with liberty to recover the same from the entity.
If the business entity involved in hazardous activities fails to pay compensation, the State is liable to pay for the failure to ensure safety. Citizens are entitled to safety from hazards of business activities having potential for incidents which may cause death and injuries.
Supreme Court held that it is not necessary to make obtaining of CTE and CTO mandatory and directed the CPCB to ensure that its guidelines are scrupulously followed and once the guidelines are scrupulously adhered to, no direction to obtain CTE and CTO for starting/operating a petroleum outlet is warranted.
The Delhi High Court stated that National Green Tribunal is a national tribunal, and hence, its RTI cell should function properly in accordance with the timelines and rules prescribed under the RTI Act and Rules.
Justice Hrishikesh Roy is known for his notable contributions to the causes of alternative dispute settlement and legal aid. We have curated some of his important High Court and Supreme Court decisions.