“As we have noticed above, this is a classic case where in the quest for doing justice, NGT has ended up doing just the reverse,” the Supreme Court noted.
The top court was hearing a 2018 PIL filed by one M Alagarsamy seeking a CBI probe into illegal sand mining in rivers and beaches in Tamil Nadu, Punjab, Madhya Pradesh, Maharashtra and Andhra Pradesh.
This action follows the tribunal's suo motu consideration of a media report about the presence of two flame retardant chemicals in cars—TDCIPP and TCEP—that are known to be carcinogenic.
On December 5, the tribunal, after considering the reports submitted by various states, said they did not fully utilise the funds received under the National Clean Air Programme (NCAP) and the 15th Finance Commission.
The government may also provide a window of six to 12 months to people for getting a no-objection certificate from the department to shift their vehicles outside Delhi if they do not want those to get scrapped.
The tribunal noted the reply, which stated that the CPCB was funding the urban local bodies of the National Capital Region (NCR) for the construction or repair of roads and for mechanical road sweepers under Environment Protection Charge funds.
The National Green Tribunal has served notice to the Union Ministry of Jal Shakti for not complying with its previous order regarding the pollution of the Alaknanda River in Uttarakhand.
The NGT was hearing a matter in which it had initiated suo-motu (on its own) proceedings on the basis of a media report on an environmental emergency caused due to a fire at a dump site in Kochi.
A bench headed by NGT Chairperson Justice A K Goel said it was established while EC was granted for ground plus 18 floors, the builder had constructed ground plus 19 floors in five towers.
It also directed the constitution of a six-member joint committee for planning and execution of remedial measures to meet the norms, preferably within six months, failing which further compensation could be levied.
However, a vacation bench of Justices Surya Kant and J B Pardiwala asked the petitioner companies to approach the high court and implead themselves in the matter.
A bench headed by NGT Chairperson Justice A K Goel said violation of environmental norms in the handling of plastics is resulting in serious adverse health effects on human beings.
A latest study has said that 123 coal mines have closed in India since 2008 but there is little evidence of measures taken to ensure proper environment remediation and land rehabilitation of those land parcels.
If CZMP is not completed even up to December 31, 2021, the concerned Secretary of Goa will not be entitled to salary from January 1, 2022 till the default continues, the NGT warned.
The green panel can initiatee proceedings on the basis of letters, representations and media reports, the country’s top court has said
A bench headed by Justice A M Khanwilkar said the NGT cannot take over the job of the concerned authority under the respective enactments but it can force them to work in a manner which is required by the law.
The bench, also comprising justices Hrishikesh Roy and C T Ravikumar, said the NGT is a forum created for special cause and litigation relating to environment.
Pending assessment of final compensation, a token amount of Rs. 10 lakh be deposited as interim compensation for the violations within one month, failing which coercive measures for recovery may be taken, the NGT said.
The plea said report submitted by the expert committee in August 2019 had accepted that excessive use of plastic especially in packaging of non-essential products is a matter of concern.
The tribunal said the progress is not adequate in terms of the timelines laid down under the Solid Waste Management Rules and the damage to the environment is continuing, which is a criminal offence.
The tribunal said the plant has recommenced in the year 2019, such recommencement is required to be after the grant of EC even if the plant was initially started prior to the year 2006.
A bench headed by NGT Chairperson Justice Adarsh Kumar Goel said apart from the licensing provisions for fire safety, building safety, etc, the regulatory bodies must enforce the environmental norms to ensure that water and air pollution is prevented and the environment is not degraded.
The projects of category 'B' require clearance from state government while the projects categorised as 'B1' require EIA (Environment Impact Assessment) report for appraisal and also have to undergo public consultation process.
The builder, Young Builders (P) Ltd, informed a bench headed by NGT Chairperson Justice A K Goel that the environmental clearance (EC), which was obtained earlier and challenged, will not be acted upon.
The green panel said the applicants have not approached the environmental regulators who are under obligation to take remedial action in case of violation of environmental norms.