Daily Court Digest: Major Environmental Orders (May 27, 2024)

On May 24, 2024, the National Green Tribunal (NGT) mandated the submission of a factual report by a joint committee regarding the allegations of unauthorized realignment of the N-Choe in Chandigarh. The committee, including the district magistrate of SAS Nagar Mohali, Punjab Pollution Control Board, and the Deputy Commissioner of Chandigarh, has been instructed to visit the site, gather relevant information, and submit a report within two months.

Dildeep Singh Basi from Manauli village in SAS Nagar Mohali district lodged a complaint asserting that the Punjab Department of Housing and Urban Development is realigning the N-Choe without conducting a proper survey. This realignment, he claimed, could cause significant ecological and environmental damage. The N-Choe, a crucial water drainage channel through Chandigarh, flows into the Ghaggar River and receives stormwater directly from Sukhna Lake, posing flood risks if altered improperly.

NGT Responds to Illegal Sand Mining in Dhanbad

The NGT, on May 24, addressed the issue of illegal sand mining in Jharkhand’s Dhanbad district. The Jharkhand State Pollution Control Board, Central Pollution Control Board, and the Deputy Commissioner of Dhanbad have been directed to submit their responses by July 26. This directive follows a suo motu registration of an application based on an April 12, 2024, article from livehindustan.com highlighting rampant illegal sand mining by mafias in the region.

The article reported that mafias profit approximately Rs 2,000 per transaction from illegal sand mining, with authorities allegedly turning a blind eye. The news piece emphasized the need for compliance with the Sustainable Sand Mining Guidelines, 2016, and the Environment Protection Act, 1986. It specifically mentioned the Barakar River, where illegal mining activities are prominent, including sand extraction using boats.

Pond Encroachment Case in Karnal

The NGT on May 24, addressed a complaint regarding the illegal encroachment of a pond in Haryana’s Karnal district. The tribunal ordered the district administration to investigate the matter and form a joint committee, including Karnal’s district magistrate and the Haryana State Pollution Control Board. The committee is to inspect the site, gather information, and take necessary preventive, remedial, and punitive actions within three months.

The complaint highlighted that powerful individuals had encroached upon a significant portion of the pond, reducing its area from 4-5 acres to just 1 acre, and untreated sewage and waste dumping were prevalent. The NGT referenced the Supreme Court’s ruling in Hinch Lal Tiwari vs. Kamala Devi & Ors., emphasizing the district administration’s responsibility to maintain and restore water bodies.

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