Poor implementation and data gaps hinder India's push for ecological balance
Calling it a "ruthless order", the Supreme Court on Tuesday set aside an NGT verdict directing the removal of a centre for leprosy patients running since 1960 in Pune. A bench of Justices Surya Kant and Ujjal Bhuyan set aside the NGT order directing authorities to remove it for allegedly encroaching the forest land. "There is something called humanity; something called compassion and empathy. They (leprosy patients) are part of the society. We are giving lectures in five-star hotels on inclusivity and other things, and here a ruthless order is passed, without even hearing the society. All kinds of things are happening in the name of forests and environment in this country," the bench said. The top court said the green tribunal should have at least heard the society, running for decades, before passing such "sweeping directions" for removal of alleged encroachments from forest land. The top court said that the western zone bench of the NGT regardless of the categorical stand taken b
The National Green Tribunal has issued notice to the Centre regarding the alleged felling of scores of trees in the national capital. The green body was hearing about the alleged illegal felling of thousands of trees at Chajju Ram Bagh in Jindpur by a private builder to construct a warehouse and commercial godown. In an order dated December 9, a bench of NGT Chairperson Justice Prakash Shrivastava noted that the district magistrate of north Delhi did not file his reply, as per the tribunal's earlier order to produce the relevant khasra entries and revenue record of Chajju Ram Bagh of last 20 years to ascertain the correct position. The bench also comprising judicial member Justice Sudhir Agarwal and expert member A Senthil Vel noted that the Delhi Pollution Control Committee (DPCC) filed a compliance report enclosing an order where the forest officials concerned had imposed a compounding fee of Rs nine lakh for illegal felling of 15 trees. "It cannot be ascertained under what ...
The Special Protection Group on Friday moved the Supreme Court challenging an order of the National Green Tribunal which refused to allow extension of registration period of three specialised armoured vehicles by five years. The matter came before a bench of Justices Abhay S Oka and Augustine George Masih, which took objection that the elite force approached the NGT for registration of its vehicle instead of moving the top court in the MC Mehta matter. The top court has been monitoring the air pollution crisis in Delhi in an ongoing Public Interest Litigation in the M C Mehta case. Appearing for the SPG, Solicitor General Tushar Mehta, urged the bench to consider the matter on an urgent basis and sought extension of registration period citing importance of the vehicles. Tushar Mehta said these vehicles are essential and integral part of Special Protection Group technical logistics. The bench converted the matter in an interlocutory application and posted the matter for hearing on
Expressing exasperation at the Delhi Development Authority (DDA) and Delhi Jal Board (DJB) not agreeing on a coordinated action plan, the National Green Tribunal (NGT) has observed that the State or its instrumentality cannot suffer a violation of the right to clean environment on any pretext. The green body was hearing a matter regarding health hazards to residents because of a stagnant open drain in south Delhi's Vasant Kunj. In an order passed on December 9, a bench of judicial member Justice Arun Kumar Tyagi and expert member Afroz Ahmad, taking note of the earlier proceedings, said, "The efforts made by this tribunal for coordinated resolution of the environmental issues did not succeed and the environmental issues were not resolved." The tribunal noted that on November 22, it had observed that the "DDA and DJB are not very serious about the protection of the environment and more interested in their financial matters, leaving people to suffer on account of continuous water ...
The National Green Tribunal has sought replies from the Union environment ministry's offices in West Bengal and Sikkim on the alleged illegal dumping of medical and hazardous waste in a vacant plot in West Bengal's Siliguri. The green body was hearing a matter where it had taken suo motu (on its own) cognisance of a newspaper report regarding the unauthorised dumping in the Farabari area of the town, allegedly from the neighbouring state of Sikkim. "The article highlights that the situation became more complicated when it was revealed that the owner of the vacant plot had made private arrangements with truck drivers for waste disposal without obtaining necessary clearances from the local panchayat or other relevant authorities," a bench of NGT Chairperson Justice Prakash Shrivastava said in an order dated November 27. The bench also comprising judicial member Justice Arun Kumar Tyagi, and expert member A Senthil Vel, said that the "irresponsible dumping" was inconveniencing the ...
The National Green Tribunal has sought a response from the Hyderabad regional office of the Union Ministry of Environment Forest and Climate Change and others on the blast at a pharmaceutical company in Hyderabad last month that left one dead and three others injured. The green body was hearing a matter where it had taken suo motu (on its own) cognisance of a PTI report published on November 21 titled 'One dead, three injured in reactor blast at pharma company in Hyderabad.' In an order dated November 28, a bench of NGT Chairperson Justice Prakash Shrivastava said, "The news item relates to a flash fire triggered by a reactor blast at a pharmaceutical company in Hyderabad, resulting in the death of one man and injuries caused to three others. As per the article, the incident occurred while the four workers were repairing the reactor." The bench also comprising judicial member Justice Arun Kumar Tyagi and expert member A Senthil Vel said the news item did not indicate whether steps h
A tribunal has to arrive at its decision by considering all facts and circumstances, and cannot outsource an opinion and base its order on it, the Supreme Court has said and rejected an NGT order. While hearing the appeals challenging a April 2021 order of the National Green Tribunal (NGT), a bench of Justices B R Gavai and K V Viswanathan said the tribunal committed a "glaring error" as it based its decision only on the basis of the report of a joint committee. "A tribunal is required to arrive at its decision by fully considering the facts and circumstances of the case before it. It cannot outsource an opinion and base its decision on such an opinion," the bench outlined. The apex court therefore set aside the NGT's order, which had held a firm guilty of violating the Environment Protection Act norms and imposed a penalty on it. The top court observed the NGT initially directed the firm's plant to be examined by the state pollution control board, which gave its findings and then
The National Green Tribunal (NGT) has observed that the Union Ministry of Environment, Forest and Climate Change was causing a "serious obstruction" in the tribunal's functioning by not providing an "appropriate response" in the matter of health hazards to students due to use of asbestos sheets in educational institutions. Earlier in July, the green panel had asked the Ministry of Environment, Forest and Climate Change (MoEFCC) to find out whether the hazards faced by students were different from the threats asbestos work posed to industrial workers. If the health risks were dissimilar, the ministry had to conduct a scientific study and submit it, the NGT said. In an order dated November 26, a bench of judicial member Justice Sudhir Agarwal and expert member Afroz Ahmad said the reply of the ministry dated September 24 did not provide a specific reply regarding the scientific study. The bench noted that the next day, the tribunal's order directed the MoEFCC to conduct a study after
The green body was hearing the issue of the students of Akhil Bhartiya Netrahin Sangh school facing challenges and health risks
The National Green Tribunal has sought a reply from the Geological Survey of India and others in a matter over the deteriorating conditions of Kerala's Varkala cliff, a designated national geo-heritage site. The NGT was hearing the issue after taking suo motu (on its own) cognisance of a media report regarding the site in the state's Thiruvananthapuram district facing threats due to environmental violations and administrative oversight. A bench of NGT Chairperson Justice Prakash Shrivastava, judicial member Justice Arun Kumar Tyagi and expert member A Senthil Vel said, "The news item highlights that the most alarming violation was the controversial step of demolishing part of the cliff, supposedly to prevent landslides and that the GSI termed the demolition shocking given the site's immense geological and geomorphologic significance." The bench on November 22 further took note of the report over the extensive unauthorised constructions along the cliff, such as resorts, restaurants,
: The National Green Tribunal has been informed through a report that Punjab's stubble burning incidents have decreased by 70 per cent. The NGT previously sought regular reports from the authorities in the state on the issue of air pollution caused in the NCR owing to stubble burning. A report dated November 26 was filed by the director of agriculture and farmers' welfare department, saying "As a result of the efforts made by the state of Punjab, the number of paddy stubble burning incidents reduced from 36,551 on November 25, 2023, to 10,479 on November 25, 2024 -- a decrease of 70 per cent." The report stated about 19.52 million tonne of paddy straw was expected to be managed in the year through various means, including in-situ (managing paddy straw on the field) and ex-situ (transporting the straw for various uses) methods and using the residue for animal fodder. "In ex-situ management, primarily balers are used for collection of straw before transportation for industrial and ot
Authorities in Delhi have informed the National Green Tribunal that the drive to seal illegal borewells across hotels and guesthouses in the national capital's Paharganj area would continue. The green panel had sought reports from the authorities, including the Delhi Pollution Control Committee (DPCC), Delhi Jal Board (DJB) and the district magistrate of central Delhi, on illegal extraction of groundwater by 536 hotels or guesthouses in the area. Last month, while hearing the matter, the tribunal noted the stand of the authorities concerned that the hotels and guesthouses were operating after informing about their borewells under a Voluntary Disclosure Scheme (VDS). "Prima facie it appears that some kind of scam is going on where, though no VDS is available with the authorities, no authority knows who had framed the VDS and no one has a copy of the VDS. Yet, the authorities are extending the concessions based on VDS. We expect the chief secretary of the GNCTD (Government of the ...
The interim report of the NGT panel indicated that, as of August 9, 2024, 17,607 trees had been cut across the three districts based on information from the Irrigation Department
Uttarakhand suffers from a glaring lack of essential infrastructure required for effective forest fire management, an amicus curiae report in the National Green Tribunal (NGT) said on a matter regarding leaf burning in the Badkot forest range along the Rishikesh-Dehradun Road. Earlier in April, the NGT appointed advocate Gaurav Bansal as the amicus curiae (friend of the court) to assist with the case. The report, dated October 14 and submitted to the NGT last week, said it was imperative to address the critical deficiencies and violations hindering effective forest fire management in the state. "The state of Uttarakhand suffers from a glaring lack of essential infrastructure required for effective forest fire management. This includes a shortage of firefighting equipment (such as protective goggles, protective gears, weapons etc.), insufficient patrolling vehicles to access remote areas, and a dearth of communication devices such as wireless and satellite phones essential for ...
The National Green Tribunal has castigated three district magistrates of Uttar Pradesh and the member secretary of the state's pollution control board for granting permission "in a mechanical manner" for mining works in the state's turtle wildlife sanctuary. Issuance of clearances and grant of permission for such activities in the prohibited areas was not only a flagrant violation of environmental laws but also "non-application of mind and exercise of illegal power" by the authorities concerned, the NGT said. A bench of NGT judicial member Justice Sudhir Agarwal and expert member Afroz Ahmad was hearing two connected matters regarding illegal sand mining in the 30-km sanctuary on the banks of river Ganga spread across the districts of Pyayagraj, Mirzapur and Sant Ravidas Nagar (Bhadhoi). Noting the evidence before it, including the reports of two joint committees formed earlier, the tribunal in its order dated October 24 said that mining leases were in the "prohibited area" both ...
The National Green Tribunal has sought a response from the Gujarat regional office of the Union Ministry of Environment, Forest and Climate Change on the issue of alleged illegal tree felling in Gujarat's Koteshwar. The green body had taken suo motu cognisance of a media report on the threat to a 77-hectare forest patch in Koteshwar which is situated between Ahmedabad and Gandhinagar. A bench of NGT Chairperson Justice Prakash Shrivastava said, "As per the article, this forest is home to over 700 species of flora and fauna, including some endangered species and this area, considered the last wildlife refuge near the city, is threatened by ongoing deforestation and urban encroachment as plans to transform it into a biodiversity park are set in motion as part of the Sabarmati River Front extension plan." The bench also comprising judicial member Justice Arun Kumar Tyagi and expert members Afroz Ahmad and A Senthil Vel said the report raised "substantial issues" about compliance with
The NGT has sought a response from the chief commissioner of Bruhat Bengaluru Mahanagara Palike (BBMP) and other officials on a Lokayukta report on two lakes of the Karnataka capital that found blocked stormwater drains and encroachments as major issues. The National Green Tribunal (NGT) was hearing a matter where it had taken suo motu cognisance of a newspaper report regarding the Lokayukta's probe that found several issues in Vibhutipura and Doddanekundi lakes in Bengaluru. In a recent order, a bench of NGT Chairperson Justice Prakash Shrivastava said, "The news item states that in Vibhutipura Lake, officials found the entrance gate mutilated, fencing destroyed, and illegal structures within the premises." "The lake's water level was alarmingly low, even during the rainy season, due to a blocked outflow path. Encroachments and misuse of facilities were also noted. Furthermore, it was found that the Doddanekundi Lake faced similar issues," he said. The bench also comprising judici
The National Green Tribunal has sought a response from the Gurugram Municipal Corporation commissioner and the Gurugram Metropolitan Development Authority CEO in a matter regarding unsanitary conditions caused by overflowing sewers and stray cattle in the city's ward 16. The green body was hearing a matter in which it had taken suo motu cognisance of a newspaper report regarding the severe civic issues faced by residents of the ward, which included the localities of Arjun Colony, Idgah Colony, Jyoti Park, Jyoti Park (East), Madanpuri, Nehru Lane, Pratap Nagar, Vijay Park and Manohar Nagar. In an order dated September 30, a bench of NGT Chairperson Justice Prakash Shrivastava said, "As per the news item, the ward is plagued by broken and damaged sewers that continuously overflow, spilling filth onto the roads. This results in severe water logging even after brief rainfall, making commuting difficult and spreading a foul stench throughout the area." "The presence of stray cattle adds
The National Green Tribunal (NGT) has sought a response from authorities, including the district magistrate of Greater Noida, in a matter regarding the supply of contaminated water to a housing society. The green panel had taken suo motu (on its own) cognisance of a newspaper report, according to which water containing E coli bacteria and bleaching powder was recently supplied to Supertech Ecovillage 2 in Greater Noida West. Consumption of the contaminated water led to over 300 residents, including 170 children, falling ill. In its order dated October 1, a bench of NGT Chairperson Justice Prakash Shrivastava said, "The news item raises substantial issues relating to compliance of provisions of the Water (Prevention and Control of Pollution) Act and the Environment Protection Act." The bench, also comprising judicial member Justice Arun Kumar Tyagi and expert members A Senthil Vel and Afroz Ahmad, impleaded as parties or respondents the member secretaries of the Central Pollution ...