Down To Earth brings you the top environmental cases heard in the Supreme Court, the high courts and the National Green Tribunal
Clearing of protected forest area in Barak Valley for Commando Battalion headquarters violated environmental norms: NGT
The construction of the Commando Battalion headquarters in Barak Valley, Assam that involved diverting 44 hectares of protected forest land, clearly breached environmental norms, National Green Tribunal (NGT) said on April 23, 2024.
The Advocate General representing Assam government informed the court that construction activities have now been halted and requested four weeks to submit a response on the matter. An application has been submitted to Union Ministry of Environment, Forest and Climate Change (MoEF&CC) for permission, which is pending, he told the tribunal.
The NGT granted four weeks time for the Advocate General to file the response. The case will be next heard on August 2, 2024.
The application, registered suo motu, concerns the legality of diverting 44 hectares of protected forest land for the construction of the Commando Battalion headquarters in Barak Valley, which included illegal building activities within the inner line of a reserved forest in Hailakandi district.
A counter affidavit filed by MoEF&CC said “the use of forest land for non-forestry activities has been allowed without prior permission of the Central Government, which is in contravention of the statutory provisions and rules under Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980.”
Further, MoEF&CC on March 18, 2024 directed Assam government to stop and discontinue the alleged construction activities forthwith. The ministry also asked its regional office in Shillong to initiate action “as prescribed under section 3A and 3B of Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980.”
NGT reprimands top official for filing false affidavit on construction and dumping of waste in Mahanadi riverbed
The bench of Justice B Amit Sthalekar, NGT expressed surprise as to how a top authority, Bhakta Ranjan Mohanty, engineer-in-chief for water resources department under Odisha government filed an affidavit on March 1, 2024, stating there was no illegal construction or dumping of waste in the Mahanadi riverbed and that no environmental damage had occurred.
The engineer-in-chief was warned by the eastern bench of NGT on April 23, 2024 to be careful in future before filing false affidavits. The NGT directed the authorities to file a “proper affidavit” in the matter.
The applicant, Pradip Kumar Pattnaik, contested the development of an artificial concrete island obstructing the free flow of the perennial water source of the Mahanadi River.
The island, constructed in the riverbed, featured a cafeteria, food court, liquor bar-cum-restaurant, paid vehicle parking, paid picnic spot and a large area enclosed by a concrete wall. Moreover, additional construction activities are ongoing, involving the dumping and filling of sand and shoals in the Mahanadi riverbed.
The State Environment Impact Assessment Authority (SEIAA) of Odisha stated in its affidavit that no environmental clearance had been issued for any construction or area development along the Mahanadi riverbank near the Baliyatra grounds in Cuttack City. The authority confirmed that “most of the points alleged by the petitioner are true.”
Housing project construction going on in Lucknow without environmental clearance
NGT directed the Uttar Pradesh Pollution Control Board (UPPCB) to submit a new report detailing the outcome of a show-cause notice issued to the project proponent responsible for the construction of Ansalapi-Bliss Delight, Sushant Golf City, Lucknow.
The tribunal noted that construction activities continued without obtaining consent to establish (CTE), despite multiple opportunities, and that the project proponent had not provided any explanation or response.
NGT directed UPPCB and other authorities concerned to ensure that the project proponent does not continue with any illegal construction in the meantime.
In an order dated January 19, 2024, the tribunal noted that the project proponent was served notice, but it did not file a response. When the matter was again listed on March 22, 2024, it was adjourned on the request of the counsel for the project proponent.
Till now, no reply on behalf of the project proponent has been received, the court noted.
According to SEIAA’s response dated February 28, 2024, no application for environmental clearance was received on the Parivesh portal under the provisions of Environmental Impact Assessment Notification, 2006 for “Group Housing Project Ansalapi-Bliss Delight, Block-1, 2, 3 & 4, GH-2, Sushant Golf City,” in Lucknow.
A separate response was filed on behalf of UPPCB on January 18, 2024, stating that an inspection of the project had been conducted by the officials of pollution control board’s regional office on December 26, 2023.
During the inspection, it was found that the unit had commenced construction activities without obtaining the necessary permits for consent to establish and consent to operate, as required by the Water (Prevention and Control of Pollution) Act, 1974, and the Air (Prevention and Control of Pollution) Act, 1981.
The UPPCB reply also mentioned that a show cause notice under the air pollution act had been issued via letter dated January 15, 2024, due to the commencement of construction activities without obtaining consent to establish and consent to operate. The notice included potential consequences such as the disconnection of utilities like electricity and water, as well as prosecution and the imposition of environmental compensation.
The counsel for the project proponent has once again requested additional time to submit a response to the original application, as well as to the UPPCB and SEIAA’s replies.
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