Email not displaying correctly? View it in your browser
GREEN TRIBUNAL DIGEST
CASE SUMMARIES OF NATIONAL GREEN TRIBUNAL's ORDERS VOL 16: March - April 2014
Green Tribunal Digest brings to you summaries and original orders of cases decided at The National Green Tribunal established under The National Green Tribunal Act, 2010. The Tribunal is dedicated to effective and expeditious disposal of cases relating to the subject of forest, environment, biodiversity, air and water.

3 March 2014: Navyuvak Vikas Samaj Samiti Jaipur. Vs State of Rajasthan Ors.
A case filed against contaminated water being supplied in the locality of Lalji Sand Ka Rasta where the Applicant resides in Jaipur. The Tribunal directed the Respondent to submit the replies indicating the steps they have taken for effective sewage management and disposal in the city of Jaipur.
» Read More

Image

4 March 2014: Vijay Saini Vs State of Rajasthan

Two applications were filed in this case. The MA application was against the concretization of trees in Jaipur. The original application was filed with the prayer that respondents be directed to submit the replies indicating the steps they have taken for effective sewage management and disposal in the city of Jaipur.
» Read More

4 March 2014: Shiva Cement Vs Union of India
A case filed challenging the letter of MoEF dated directing the Chief Secretary of the Government of Odisha to request the Collector Sundargarh, Odisha to hold a public hearing conducted on the application filed by the Project Proponent seeking Environment Clearance for expansion of limestone production capacity from 0.12 MTPA to 0.3475 MTPA in respect of its mine in the lease area of 72.439 hectares.
» Read More

Image

5 March 2014: Sayar Engineering Vs Rajasthan Pollution Control Board

A case filed against a stone crushing unit in the Rajasthan High Court. It was transferred to the NGT, however during the course of events, the Director of the company passed away and the unit was closed down. The application was therefore disposed of.
» Read More

6 March 2014: Shri R. Balan Begepalli Post Vs The District Collector Krishnagiri and others
A case filed against a manufacturing unit- Sandhya Engineering Works carrying on fabrication of irons, i.e., iron windows, iron doors and supplying the same to other companies. The applicants claim that the residents of Ezil Nagar are getting affected due to the noise pollution from the unit.
» Read More

Image

10 March 2014: Lower Painganga Dharan Virodhi Sangharsha Samithi Anr. Vs State of Maharashtra Ors.

A case filed against the Lower Painganga irrigation project on the ground that the Environment Clearance is not valid and raised questions about the viability of the project.
» Read More

12 March 2014: Charoen Pokphand (India) P. Ltd. Vs Santosh Pohare Adv
By this Application, Applicant had challenged order dated March 30th, 2013, passed by the Tahasildar, giving direction to stop the construction of hatchery/poultry breeding farm which belongs to the applicant and he alleged that he had taken all requisite permissions.
» Read More

Image

13 March 2014: Dadhu Bhai Sharma Vs State of M. P. Ors

This is an appeal filed by the Appellant against the prior Environmental Clearance granted to M/s Birla Corporation Ltd. for establishing Captive Thermal Power Plant (35 MW) on the ground that the EC was not granted properly and no public hearing was held.
» Read More

14 March 2014: Babu Lal Jajoo Vs Chief Secretary to Govt. of Rajasthan Ors.

A case filed for complete ban and prevention of the use of plastic carry bags in Rajasthan - Plastic Wastes (Management & Handling) Rules, 2011. Tribunal issued no new orders - matter was already dealt with in Sandeep Lahariya Vs. State of M.P. & Ors.
» Read More

14 March 2014: Dyaneshwar Gadhve Vs MoEF Ors.
The Case dealt with quashing and setting aside the auction of sand beds of Nagpur & Bhandra districts as it was contrary to Supreme Court direction in the case Deepak Kumar Vs State of Haryana And ORs, 2012 4 SCC 629. Tribunal stated that applicant is at liberty to initiate competent proceeding against the authority and that it was not an executing agency.
» Read More
18 March 2014: Shree 1008 Raj Rajeshwari Vs Sunil Sharma Ors.

Application was filed in view of the hardship caused by environmental pollution caused by Stone Crushing Units functioning in Village Bilua, Tehsil Dabra, District Gwalior. Tribunal directed the contribution of Assocation of Stone Crushing units towards the building of pucca roads and new school building.
» Read More

19 March 2014: Mr. Manuel F. Rodrigues Vs State of Goa Ors.

The Writ Petition was transferred to this Tribunal for the reason that the construction of the Hotel by Respondent is in violation of CRZ Regulations. The tribunal stated that the impugned construction was held liable to be immediately demolished.
» Read More

19 March 2014: Paryavaran Avam Manav Sanrakshan Samity Vs Union of India Ors.
This Application was filed regarding the pollution of water of rivers Gaur and Narmada by cattle hubs. Tribunal on being informed that in the matter, proposed scheme has been submitted before the High Court decided not to proceed any further.
» Read More

Image

20 March 2014: P. Chandrakumar Vs The District Environmental Engineer Tamil Nadu Pollution Control Board

This application was for directions to ensure that the Kongampalayam village in Erode District is free from pollution and to take immediate measures to stop pollution of the canal and ground water.
» Read More

20 March 2014: Appaso Satappa Tambekar Vs Appellate Authority Environment Department Ors

This appeal was filed against an impugned order after the lapse of limitation period. The Tribunal stated it would not condone delay in the matter.
» Read More

21 March 2014: Nasik Fly Bricks Association Vs The MoEF Ors

Application was filed against failure to ensure compliance with the MoEF notifications leading to resulting in inadequate utilization of fly ash which has resulted into over exploitation of natural top soil of earth, causing damages to the environment.
» Read More

24 March 2014: Anil Kumar Vs State of Rajasthan

The writ petition was initially filed at the Rajasthan High Court against the industrial use of residential property causing pollution. Tribunal held that there is only need for the follow up action of the Sub Divisional Officer's orders by the Pollution Control Board. In case there are any illegal mining or operation of stone crushing units contrary to the orders of the Supreme Court or the notifications/regulations issued under the Environment (Protection) Act, 1986 and the Rules framed thereunder, the Applicant would be at liberty to approach the Tribunal.
» Read More

24 March 2014: Sudiep Shrivastava Vs Union of India Ors.

The appeal was filed against the diversion of 1898.328 hectares of forest land at Parsa East and Kante-Basan captive coal blocks in favour of M/s Rajasthan Rajya Vidyut Utpadan Nigam Ltd, by the State of Chhattisgarh, in pursuance to the approval under section 2 the Forest (conservation) Act 1980.
» Read More

25 March 2014: Sachin S/o Sakharam Potre Vs State of Maharashtra Ors

The original writ petition was made under the application that, reserving of the entire Karjat Taluka is unconstitutional, illegal, arbitrary, violative of Article 14, 19 (1) (g) and 21 of the Constitution and hence liable to be quashed. Tribunal remitted writ petition to High Court Bench Aurangabad for lack of jurisdiction.
» Read More

Image

26 March 2014: Ajay Shivajiroa Bhonsle Vs The Ministry of Environment Forests (Condonation of delay)

This Applicant sought condonation of fou days delay, caused in filing of the main Application which was to be filed under Section 14. Delay condoned as it there was no serious challenge and it was or marginal nature & unintentional.
» Read More

26 March 2014: Mr. Ajay Shivajirao Bhonsale Vs The MoEF Ors.

The Application was filed in order to raise substantial question relating to environment on account of non-compliance of conditions pertaining to Environment Clearance (EC), by MoEF for the project of Tiroda Iron Ore Mine. The Tribunal adjourned the application sine-die.
» Read More

26 March 2014: Smt. Mithlesh Bai Patel Vs State of Madhya Pradesh Ors

This Application was filed against the grant of Prospecting License by Department of Mines, Government of Maharastra for prospecting laterite mineral. It is stated that this is a government land under the control of the Revenue Department with a dense tree growth of Mahua trees standing and the villagers have Nistar rights over the land.
» Read More

Image

1 April 2014: Vanashakti Public Trust Vs MPCB Ors

Small Scale Industrialists have filed a case for re-starting industries allegedly closed down by the M.P.C.B for discharging polluting effluents in river "Waldhuri" or river "Ulhas". Tribunal stated that M.P.C.B should process individual case and on compliance permit to restart the industries.
» Read More

1 April 2014: O. Fernandes Co-convener, CAN Chennai Vs The Union of India and MoEF

Application seeking compliance of the Tamil Nadu Coastal Zone Management Authority with the Coastal Zone Management Regulation Notification, 2011 and for conducting public hearing after wide publicity. Tribunal held that the authorities are duty bound to adhere to the CRZ Notification, 2011.
» Read More

1 April 2014: Tarun Patel Vs The Chairman, Gujarat Pollution Control Board

A Case was filed against decision of Gujarat Pollution Control Board (GPCB) for the prescribed Chemical Oxygen Demand standards of 1000 mg/lt for the Small Scale Industries (SSI). Tribunal approved that the application was to be partly allowed and guidelines for effluent discharge were provided.
» Read More

1 April 2014: Krishna Devi Vs Union of India Ors.

The Applications were filed in NGT against the proposed widening of sectoral roads involving cutting of number of trees in front of National Media Centre (NMC). Tribunal directed HUDA to internalize environmental issues at the project planning stage and to cut minimum number of trees and undertake massive afforestation works in urban areas.
» Read More

Image

2 April 2014: Srijan Ek Aasha Vs State of MP Ors.

Writ petition transferred from the High Court of Madhya Pradesh at Jabalpur. Petition was against construction of a hotel by the M.P. Tourism Development Corporation in the Dumna area that is forestland. Tribunal allowed MPTDC to continue, while directing it and the Forest Department to ensure certain safety measures.
» Read More

4 April 2014: Salim Khan Vs Union of India & Ors

Application was filed against deforestation on 1400 acres of plantations which fall under 'Reserved Forests' category by outsiders to whom it was allotted, for the purpose of residential construction. The tribunal was also satisfied that the averments made by the Applicants did not have any substance and the action taken by the Respondents is in accordance with law.
» Read More

4 April 2014:Maharishi Shiksha Sansthan Vs M/s Transstory (India) Ltd

A case filed against M/s Transstroy (India) Ltd. and M.P. Road Development Corporation having established a plant for storage and preparation of road construction, which is causing air and noise pollution detrimental to the local residents of the area. Tribunal noted that grievance stands redressed, since there is stoppage of operations there is no need for directions to be passed.
» Read More

4 April 2014: Mr. Shirish Barve and Ors. Vs The Union of India Ors

Application challenging the proposed Jalgaon bypass road, which has been proposed by National Highway Authority of India (NHAI). The Tribunal gave directions to submit detailed upgradation proposal for the existing road passing through Jalgaon city by proper laning and strengthening of road, provision of traffic aids etc. within next three months.
» Read More

4 April 2014: Tribunal at its own motion Vs Ministry of Environment Others

Case filed on the basis of a newpaper report , "Dolomite mining a threat to Tiger corridor in Kanha - Foresters want ban on mining in Mandla District". Tribunal ordered several directions while disposing of the matter including penal order and revocation of license of the violators. Furthermore, directions for evaluating the Environmental impact and measures were also discussed while disposing of the matter.
» Read More

16 April 2014: Smt. Kausiya Dheemer Vs State of M.P. and Ors

The Applicant has filed a case against illegal stone crushing and blasting operation in Madhya Pradesh. Tribunal noted that no material proof showed that any air pollution is being caused or pollution of any other kind by the stone crushing unit. However, MPCB was directed to take into account pollution related matters into concern before granting Mining Renewal.
» Read More

16 April 2014: Shivendra Singh Vs Union of India and 7 Ors.
The Application sought for an order restraining the establishment and operation of the petrol pump at the site in question, allegedly in the green belt. Tribunal decided on facts and not on merits and chose not to give any directions. None had appeared on the behalf of the appellant and project proponent.
» Read More

Image

16 April 2014: Punamchand S/o Ramchandra Pardeshi Anr Vs Union of India Ors

A Case filed alleging that certain forest lands were being illegally diverted for non-forest purposes which would cause felling of trees to the extent of 2.5 to 3 lakhs. The tribunal directed the authorities to monitor plantation of adequate number of trees, as far as possible of 1:8 ratio and make serious endeavor to protect the plants to improve survival rate of the trees.
» Read More

21 April 2014: Pramod Sharma Vs State of Rajasthan

This Application was filed seeking a direction for closure of brick kiln activities in Bundi District and in nearby areas. Tribunal sought compliance of the directions by the Central Pollution Control Board and with several provisions of Air Act, Environment Protection Act, MOEF guidelines and several Rajasthan state laws.
» Read More

22 April 2014: Deshpande Jansamsya Nivaran Samiti Vs State of Maharashtra Ors.

This Application filed by five residential Colony Societies, regarding unscientific operations at the Bhandewad- Municipal Solid Waste (MSW) dumping yard complex, resulting in serious air and water pollution, Directions for effective waste management were given. Rs 20 lakh was directed to be deposited by respondents for not running the plants to their full capacity.
» Read More

22 April 2014: Himanshu R. Barot Vs State of Gujarat Ors.

This Application was filed to ensure the enforcement of environmental laws against Anil Biscuits. Tribunal directed the Anil Products to pay compensation of Rs.10,00,000/- being pollution cost on account of odour and pollutants emanated from the factory during the past period.
» Read More

23 April 2014: Sanjeev Dutta Ors. Vs National Thermal Power Corporation Ltd. Ors.

A case filed against allotment of land for a Thermal Power plant, which later becomes infructuous as the alleged plant has already been commissioned. The Tribunal then dealt with the issue of diversion of forest land for establishment of the plant.
» Read More

23 April 2014: Rama Shankar Gurudwan Vs NTPC Ors.
A case filed by the Petitioners alleging that the NOC dated 5th March, 1997 issued by the State Pollution Control Board in favour of the NTPC project, is bad in law and prayed to quash the site clearance for the stage one given by the MoEF as also to quash the Environmental Clearance.
» Read More

Image

24 April 2014: Karam Chand Anr Vs Union of India Ors.

The appeal was filed challenging the grant of forest clearance granted by the respondent authorities to the GMR Bajoli Holi Hydropower Limited for setting up of Hydroelectric project on the basin of river Ravi in between Bajoli and Holi. Tribunal found no substance in the plea and decided to adopt the reasoning of the High Court as given in its judgment to reject all these contentions.
» Read More

25 April 2014: Lok Maitri Vs M.P.P.C.B. Ors.

The appeal was filed with regard to establishment and disposal of hazardous waste material through incinerator at the Treatment, Storage and Disposal Facility of M/s Ramky Enviro Engineers. Tribunal disposed of this petition with liberty to the Applicant to approach the High Court of Madhya Pradesh at Jabalpur in the pending matter or the Supreme Court in the SLP filed by the Union of India against the order of the High Court.
» Read More

25 April 2014: Vijay Singh Vs Balaji Grit Udyog (Unit I Unit II) Ors

The Appellant filed the present appeal before this Tribunal against the order of the Appellate Authority dated 20.12.2013 under Section 31-B of the Air Act and Section 35-B of the Water Act. The Appeal was dismissed with the cost of Rs.50, 000/- to be paid to the legal aid fund of the NGT Bar Association within two weeks. The tribunal also laid down a few important guidelines for the future cases on Stone-crushing units.
» Read More

29 April 2014: Nawab Khan Ors. Vs State of Madhya Pradesh 4 Ors

This application had been filed by the Applicant complaining about the pollution caused by various units including that of M/s M.M. Bajaj Packaging & Engineering Works in the industrial area at Govindpura in Bhopal. Tribunal held that compliance of the directions issued in the Judgment dated 9th May, 2013 in the case of Cox India Ltd. Vs. M.P. Pollution Control Board be followed in the case.
» Read More

29 April 2014: Dilip Bhoyar Vs State of Maharashtra Ors

The present Application has raised important issues regarding storage of coal. Tribunal allowed the application partly and disposed it of with the directions to various civic authorities to ensure compliance with various aspects such as air quality, road repairs, pollution control.
» Read More

29 April 2014: Niraj Mishra Vs Union of India and Ors.

The applicant prayed for quashing of order for establishment of power plant by the Jhabua Power Company and for a direction to the Respondents "to get the necessary rules complied with to avoid Air, Water & Land Pollution". Tribunal held that relief sought against the grant of the Environmental Clearence dated 17.02.2010, 22.12.2010 and 25.01.2012 was barred by limitation.
» Read More

14 February 2014 : Mrs. Prabavathi Muthurama Reddy Chennai Vs The Collector, Thiruvallur District and Ors

A Case filed seeking review of an earlier order by the Tribunal. The applicant claimed that the Respondent was carrying on sandblasting with painting work without the requisite consent.
» Read More

30 April 2014: Gulab Meena Vs State of Rajasthan

This application was regarding the encroachment of forest land. The Tribunal held that since the matter is pending before the Assistant Conservator of Forests (Wildlife), Karauli, the petition is to be disposed of. It however, directed the local forest officials to ensure that there were no illegal activities which were carried on and the compliance of all the acts mentioned in the judgement.
» Read More

Image

30 April 2014: Jayshree Dansena Vs M/s Athena Chattisgarh

This application has been filed to make concerned villages free from pollution and unless suitable orders have passed by this Tribunal, it would endanger the lives of the people of the villages. Tribunal passed various orders with regard to water sprinkling till pucca roads were constructed, sanitary conditions, tree survival rate in green belt etc.
» Read More

 
These summaries have been extracted from the actual Tribunal orders and this digest is an attempt by CEL, WWF–India to make it available to a cross-section of people for ready reference.

All images used for representational purposes only. All images © Panki Sood.