News
Forest Rights of Odisha Women
After a decade of struggle, the women of Odisha's Nayagarh district leading the battle for forest rights from the front, having reclaimed what they think is theirs and winning the rights over forests resources in 24 villages. Union Environment Minister Bhupender Yadav had said that the new forest conservation rules “do not dilute or infringe on” the provisions of the Forest Rights Act, 2006, allaying concerns about new rules allowing cutting of forests without forest-dwellers’ consent. The environment ministry had notified the Forest (Conservation) Rules, 2022 under the Forest (Conservation) Act on June 28 to replace the earlier rules, notified in 2003.
World Awareness
The world marked zero emissions day on the September 21,2022 to raise awareness on greenhouse gas (GHGs) emissions that lead to the climate crisis, India came up with a five-point commitment in its pursuit of achieving net-zero emissions. By 2030, it aims to increase the non-fossil energy capacity by 500 GW, fulfil 50% of its energy demand with renewable energy, reduce 1 billion tonnes of CO2 and decrease carbon intensity to less than 45%.
NGT fines Telangana Govt.
The national Green tribunal on Oct 1 2022 imposed a penalty of Rs. 3800 crores on the Telangana Govt. for its failure to treat solid and liquid waste. The bench held that providing clean air, water, hygiene and environment have to be the top priorities for good governance. The green panel further held that restoration plans need to be implemented immediately across the state in a time-bound manner and if the violations continued, the liability to pay additional compensation would be considered, the green panel added.
National Conference on Environment
Prime Minister Narendra Modi inaugurated the National Conference of Environment Ministers held in Gujarat on Sep 2022 discussing major issues such as updating state action plans on climate change. The updated state-level action plans have been aimed to be implemented in 2030 to ensure that country’s nationally determined contributions (NDCs) under the Paris Agreement are achieved.
DOODH GANGA POLLUTION
Raja Muzaffar Bhat v. Union of India and Ors.
On 8th March 2022 the NGT (National Green Tribunal) imposed a penalty of Rs. 3 crores on the officers of the Jammu and Kashmir Government and polluters for not taking steps to control pollution and discharging of sewage, dumping of solid waste into river Doodh Ganga and Mamath Kull. While hearing the case the bench imposed the fine under three heads – solid waste, liquid waste and illegal mining and urged the district administrators and rural development department to check illegal garbage dumping and uncontrolled mining in the Doodh Ganga and Mamath Kull.
GOA-TAMNAR TRANSMISSION LINE – SCRAPPING OF DOUBLE TRACKING
Over 177 whopping hectares of biodiversity-rich Western Ghats forest land was at the verge of destruction due to the proposed transmission line between Karnataka and Goa. However, the Supreme Court on 7th April 2022 while accepting the recommendations of the CEC (Central Empowered Committee), declared that instead of clearing pristine, untouched forest cover for the new 400kv power transmission line, the proposed alignment should be redrawn in the existing 220kv corridor in Goa, which already has cleared forest cover, avoiding fresh felling of trees in the forest area for the new 400kv line. Thus, would in turn help in saving the precious forest cover and wildlife in the ecological fragile and biodiversity rich western ghats.
NGT does not have Suo Motu Powers: Centre to Supreme Court
The National Green Tribunal does not have Suo Motu powers it can however act on letters or communications addressed to it. The submission was made by additional solicitor general (ASG) Aishwarya Bhati, appearing for the Union Ministry of Environment, Forest and Climate Change (MoEFCC) during a hearing of a bunch of appeals, seeking the court’s decision on whether the tribunal has the power to directly take up issues on the basis on news reports or at the instance of any letter or communication. Bhati said that the National Green Tribunal Act, 2010, was enacted with the purpose of protecting the environment, and the only objection of the Centre was with regard to vesting suo motu powers to the tribunal and its members through which they can initiate action on their own.
The National Green Tribunal does not have Suo Motu powers it can however act on letters or communications addressed to it. The submission was made by additional solicitor general (ASG) Aishwarya Bhati, appearing for the Union Ministry of Environment, Forest and Climate Change (MoEFCC) during a hearing of a bunch of appeals, seeking the court’s decision on whether the tribunal has the power to directly take up issues on the basis on news reports or at the instance of any letter or communication. Bhati said that the National Green Tribunal Act, 2010, was enacted with the purpose of protecting the environment, and the only objection of the Centre was with regard to vesting suo motu powers to the tribunal and its members through which they can initiate action on their own.
A bench of justices AM Khanwilkar, Hrishikesh Roy and CT Ravikumar responded that the ASG’s submission is “crucial” to the case since MoEFCC was the ministry which piloted the bill constituting the NGT through Parliament.
The court-appointed amicus curiae (friend of Court), senior advocate Anand Grover, supported the view of the Centre. Having taken a stand earlier that no suo motu power is permissible under NGT Act, Grover told the bench: “What is meant by Suo Motu is that the Tribunal or its members cannot initiate action or trigger the process on basis of reading a newspaper report.” However, he added, “it can be triggered on an application received by the Tribunal which need not be in the form prescribed under the NGT Act or Rules.”
In appeals being heard by the apex court about the powers of NGT, two cases stand out.
One relates to Kerala, where NGT took up a letter written by a group of residents who wrote to Prime Minister Narendra Modi and copy to NGT complaining against the pollution caused by the presence of stone quarries in their vicinity. The letter was registered as an application and order was passed against stone quarries
The other case relates to orders passed by NGT on solid waste management in Mumbai based on a newspaper report. The panel imposed cost of 5 crores on the municipal corporation
The Kerala government, and the Municipal Corporation of Greater Mumbai has approached Supreme Court.
The Supreme Court said that once the question of Suo Motu power of NGT is decided, the orders under challenge will either remain or cease to exist.
Source: https://www.hindustantimes.com/india-news/ By Abraham Thomas, updated on September 03 2021
Read more on the NGT Act at National_Green_Tribunal_Act,_2010.pdf (greentribunal.gov.in)
Vehicle scrappage policy: details, benefits, rules and more
Prime Minister Narendra Modi on Friday 13 August 2021 launched the National Vehicle Scrappage Policy, the voluntary vehicle-fleet modernization program, aimed at modernizing India’s “vehicular population” and removing unfit vehicles from roads in an environment-friendly and scientific manner.
Read more at: http://timesofindia.indiatimes.com/articleshow/85309762.cmsutm_source=contentofinterest&utm_medium=text&utm_campaign=cppst
National Green Tribunal
V. Manickam v. The Secretary, Tamil Nadu Pollution Control Board & Ors. (O.A. No 51/2015 (SZ))
Issue: Pollution of Thirumanimuthar River in Tamil Nadu due to the discharge of industrial effluents and municipal sewage.
Impact: The Tribunal took a serious view of grim situation in Salem district where the Salem Municipal Corporation has failed to prevent, curb pollution of River Thirumanimuthar. In 2009, based on the orders of the Madras High Court 155 unauthorized dyeing and bleaching units were to be closed in Salem District. However, the discharge of untreated effluents continues into the river. In October 2018, it was stated that the STPs were to be operative. The task is yet to be completed and it is not clear whether an underground sewerage system has been commissioned. In view of the discrepancies, the Tribunal directed a joint inspection to ascertain present status by a team comprising of representatives of CPCB and Tamil Nadu Pollution Control Board to finalize compensation is required to be recovered from Salem Municipal Corporation as well as from polluting industries. Meanwhile, Salem Municipal Corporation is directed to deposit an interim compensation of Rs. 25 lacs with the CPCB within one month and also furnish a Performance Guarantee of Rs 50 lakhs to CPCB to ensure that untreated effluents will not be discharged and necessary steps to prevent such discharge will be taken positively within three months failing which the amount of Performance Guarantee will be forfeited
Supreme Court of India
Paryavaran Suraksha Samiti & anr v. Union Of India & ors on 22 February 2017
The petitioners have approached Court, seeking a writ in the nature of mandamus, for a direction to the respondents (which includes the Union Government, all the State Governments and the Union Territories) to ensure, that no industry which requires “consent to operate” from the concerned Pollution Control Board, is permitted to function unless it has a functional effluent treatment plant, which is capable to meet the prescribed norms for removing the pollutants from the effluent before it is discharged. Read More: Paryavaran Suraksha Samiti & anr v. Union Of India & ors on 22 February 2017 (indiankanoon.org)
Significant interventions of the National Green Tribunal in February 2019
Case: Paryavaran Suraksha Samiti& Anr. Versus Union of India & Ors. (O.A. No. 593/2017) Issue: Establishment and functioning of Effluent Treatment Plants (ETPs), Common Effluent Treatment Plants (CETPs), and Sewage Treatment Plants (STPs)
Impact: The Tribunal is monitoring the implementation of a 2017 order of the Supreme Court on the establishment and functioning of ETPs, CETPs, and STPs. Taking a report filed by the Central Pollution Control Board in December 2018, the Tribunal noted the methodology evolved for assessing environmental compensation and action plan to utilize the fund. The compensation would be a minimum of Rs. 5000 per day and could be in two components providing for immediate relief and other long-term measures such as remediation. CPCB has also informed the court that a separate report is being prepared for municipal solid waste and sewage. The scientific formula to calculate environmental compensation by polluting industries is a significant step in combating pollution. The Action plan also lists out the Environmental Compensation to be levied on all violations of the Graded Response Action Plan (GRAP) in Delhi NCR. The GRAP was notified in 2017 as per directions of the Supreme Court to be implemented under different Air Quality Index (AQI) categories namely, Moderate & Poor, Very Poor, and Severe as per National Air Quality Index.
INTERNATIONAL ORANGUTAN DAY 19 August 2021
International Orangutan Day has been set for August 19th; This event is to help encourage the public to take action in preserving this amazing species
Long ago, the people of Borneo and Sumatra encountered a hairy, red ape swinging from branch to branch in the lush green Indonesian forests. Recognising its likeness with humans, they named it ‘orangutan,’ meaning ‘person of the forest.’ These gentle apes soon became an important part of many cultures, and the subject of local myths and legends.
International Orangutan Day has been set for August 19th; This event is to help encourage the public to take action in preserving this amazing species.
From 1992-2000, the population of the Sumatran orangutan is considered to have declined by more than 50%. Its relative, the Bornean orangutan population fell nearly 43 percent in the past decade, from 35,000 in 1996 to 20,000 in 2006. Since these studies were done, deforestation rates have continued to climb which means the actual populations could be well below these.