The National Green Tribunal monthly review: April 2024

The original and appellate jurisdiction of the National Green Tribunal (NGT) under Chapter III of the NGT Act, 2010 covers a substantial range of environmental issues. This monthly column aims to report and briefly analyse some of the important cases dealt with by the NGT.

Each month, the NGT admits a large number of original applications (OAs) and appeals, including several letter petitions and suo motu applications dealing with a wide variety of environmental issues such as industrial accidents, discharge of untreated waste, illegal mining, cutting of trees, air pollution by brick kilns and other industries, protection of river floodplains, non-compliance with the terms of environmental clearance etc.

Readers are advised to verify whether these orders have been assailed in appeal or writ before the Supreme Court of India or High Court concerned.

Following is a topic-wise arrangement of matters dealt with by the NGT in April 2024.

In Sunny Yadav v. State of UP, the NGT directed the Uttar Pradesh Pollution Control Board (UPPCB) to not only take appropriate action against brick kilns operating in violation of environmental norms, but also to levy and recover environmental compensation from such kilns for damage done to the environment. The NGT first constituted a joint committee to ascertain the veracity of the allegations made against brick kilns in Mainpuri district of Uttar Pradesh. The committee report found a number of irregularities and non-compliances in operation of the kilns, including illegal extraction of ground water without permission, not having pucca roads on the premises for vehicle movement to prevent dust emissions, lack of a green belt and lack of timely submission of Environmental Monitoring Report to the UPPCB as per the conditions of the consent issued by the UPPCB. Consequently, the Tribunal directed the UPPCB to take appropriate action against the kilns and recover compensation under the polluter-pays principle.

In Dharmendra Kumar Singh v. Union of India & Ors, a question arose as to whether the Uttar Pradesh Brick Kilns (Siting Criteria for Establishment) Rules, 2012 applied to a kiln operating prior to the rules coming into force. The Tribunal referred to its earlier decisions to hold that prior operation of a brick kiln does not confer any vested right to obtain renewed consents from the PCB, and that the law prevailing on the date of consideration of the renewal application for consent will apply.

In Abhishek Panwar v. UPPCB & Ors, the NGT directed the UPPCB to impose environmental compensation on brick kilns operating illegally and without any Consent to Operate (CTO) in District Saharanpur, Uttar Pradesh. The NGT observed that mere issuance of closure orders to such brick kilns would not suffice and such kilns should be required to pay environmental compensation for having operated without necessary statutory approvals.

Similarly, in Sunetra Singh Yadav v. UPPCB & Ors, the NGT took up the issue of illegal operation of brick kilns in Uttar Pradesh’s Firozabad and bordering districts namely Hathras, Kasganj, Agra, Etah, Mainpuri and Etawah. It noted that despite a large number of illegally operating brick kilns, no appropriate action has been taken by the UPPCB. Hence, the Tribunal directed the UPPCB to file a fresh action taken report showing what action has been taken against the erring kilns.

In News item titled "Fire breaks out at Vellalore landfill in Coimbatore" appearing in The Hindu dated 07.04.2024, the NGT registered a suo motu OA on the basis of a news article relating to a fire at an open dump yard located within the Vellalore landfill premises in Coimbatore, Tamil Nadu. At this site, over 200 tonnes of legacy waste was set ablaze, raising concerns about the release of harmful pollutants in the air and soil. The matter was transferred to the Southern Bench of the NGT for further orders.

Pertinently, the Supreme Court had orally observed in a pending matter [National Green Tribunal & Anr. Vs. Goa Foundation & Ors] that the jurisdiction of the Principal Bench at New Delhi is limited to matters arising within the Northern Zone only, and that it had no jurisdiction to hear matters arising in other parts of the country outside its jurisdiction. Thus, the NGT’s Principal Bench, upon taking suo motu cognisance of an incident occurring outside its territorial jurisdiction or acting on a letter petition, lists the matter for further adjudication before the appropriate bench of the NGT with competent territorial jurisdiction.

It is also pertinent to mention here that the Supreme Court of India in Municipal Corporation of Bombay v. Ankita Sinha held that NGT has suo motu powers to take up cases dealing with environmental issues since Section 14 of the NGT Act does not require the filing of any formal application in matters concerning the environment.

In Ajay Tiwari v. State of UP & Ors, the NGT held that polluting industrial activities and marble works factories are not permitted in the residential areas of Agra city. NGT had earlier constituted a joint committee in this matter, which reported that such industrial units have since been shut down and their electricity connections disconnected. NGT accepted the said report and disposed of the matter.

In Gauri Maulekhi & Anr v. Govt of NCT of Delhi & Ors, the NGT held that dairy farms are required to obtain CTO or Consent to Establish (CTE) in terms of the Central Pollution Control Board (CPCB) Guidelines for Environmental Management of Dairy Farms and Gaushalas issued in July 2021, and also comply with the siting criteria prescribed by the CPCB. The NGT accepted the recommendations of the joint committee it had earlier constituted in this matter and directed the Delhi Development Authority to remove encroachments (dairy farms), from the floodplains of the Yamuna River and further directed the Delhi Pollution Control Committee (DPCC) to issue a public notice informing dairy farms that they are required to obtain CTE/CTO from the DPCC.

In Nirmal Kumar Tripathi v. State of Uttar Pradesh & Ors, the Tribunal dealt with a complaint regarding construction of stormwater drains in Deoria, UP in violation of environmental norms. The Tribunal issued a number of directions to ensure that soil dug is stored properly and sprayed with water so that the dust is not airborne. It further said that compensatory afforestation with native species must be done to develop a biodiversity park onsite. Lastly, it ordered that care should be taken to ensure that stormwater drains should not be permitted to mix with municipal sewage.

In Niramaya Jan Utthan Sansthan v. State of UP & Ors, the Tribunal dealt with a complaint against several industries in Muzaffarnagar, UP, which were discharging waste water into sewers or dumping them in low lying areas without any treatment. The joint committee constituted by the Tribunal found violation of environmental norms by various industrial units. It, therefore, directed the UPPCB to take remedial and appropriate action against these erring industrial units within three months, after giving them an opportunity of being heard on the findings of the joint committee.

In News item titled "Pavana River enters ‘priority 1’ category due to increase in pollution" appearing in the Hindustan Times, the NGT registered a suo motu OA on the basis of a newspaper article pertaining to increase in pollution in the River Pavana near the Pimpri-Chinchwad area in Pune, Maharashtra. The NGT considered the detailed report filed by the Maharashtra PCB and held that the same does not disclose the number of drains which are discharging sewage into the River Pavana, nor does the report mention the steps taken to prevent such discharge. Accordingly, NGT directed the PCB to file a fresh report on curbing discharge of sewage in River Pavana. The NGT transferred the matter to its Western Zonal Bench at Pune for further adjudication.

In Raja Muzaffar Bhat v. UT of Jammu & Kashmir & Ors, the NGT dealt with a complaint regarding use of heavy machinery for mining purposes in active water channels, where mining activity was prohibited. The Tribunal directed the J&K Pollution Control Committee to take necessary steps, including closure of the units and imposition of environmental compensation, against the project proponent, after complying with the principles of natural justice.

In News Item titled "Mafiayo ko kisi ka dar nahi is jile me beroktok ho raha avaidh khanan" appearing in Hindustan dated 22.11.2023, the NGT  dealt with a complaint of large scale illegal rived bed sand mining in Ambedkar Nagar, Uttar Pradesh. The Tribunal constituted a joint committee, which in its report observed that mining was being carried out without CTO and some miners did not even have CTE. As such, the NGT directed the UPPCB to impose and recover environmental compensation from such units, take appropriate action within three months and file an action taken report in this regard.

In Soubhagya Ranjan & Ors v. State of Odisha & Ors, the NGT took cognisance of a letter petition complaining about illegal sand mining in Cuttack, Odisha and formed a joint committee to undertake a site visit and file a report on the allegations contained in the letter petition. The NGT transferred the listing of the OA before the Kolkata Bench, which had competent jurisdiction.

In News item titled "Bermo ke mahuatand mai avaidh balu ke khel mai saikaro tractor se aam log ho rahe pareshaan" appearing in News Wing dated 19.12.2023, the Tribunal took suo motu cognizance, on the basis of a newspaper article, of allegations of illegal sand mining in Bokaro district, Jharkhand. The NGT impleaded the Jharkhand PCB, district magistrate and Central PCB in the matter and directed them to file a report before its Eastern Zonal Bench at Kolkata.

In News item titled "illegal Mining: Fake eRawanas worth Rs 8.4 cr at core of ED probe" appearing in Tribune News Service dated 28.02.2024, the NGT took suo motu cognizance of a newspaper article pertaining to illegal mining and fake e-Rawanna receipts against a mineral dealer in Yamunanagar, Haryana. The NGT disposed of the OA after counsel appearing for the Haryana PCB assured the Tribunal that proceedings for imposition of environmental compensation would be initiated against the concerned party.

In News item titled "Baghpat News Katha mei mitti khanan ko lekar hungama" appearing in Amar Ujala dated 15.02.2024, the NGT took suo motu cognizance of a newspaper article pertaining to illegal mining in Baghpat, Uttar Pradesh and directed the Regional Officer, Ministry of Environment and Forests (MoEF), Lucknow to verify the allegations and submit a report within two months.

In News Item titled "sand mafia is taking complete control of illegal river sand mining" appearing in O Heraldo dated 13.02.2024, the NGT took suo motu cognizance of a newspaper article pertaining to large scale illegal mining in Goa and sought a response from the Goa PCB, the Central PCB, MoEF, and others. The matter is now pending before the Western Zonal Bench at Pune.

In News item titled "Paint factory fire in Delhi’s Alipur claims 11 lives 4 injured" appearing in The Times of India dated 16.02.2024, the Tribunal applied its powers under Sections 15 and 17 of the NGT Act, 2010 r/w the Public Liability Insurance Act, 1991 (PLIA) to award compensation of ₹20 lakh and ₹10 lakh to families of each of the 11 deceased and 4 injured victims respectively, of an industrial accident that occurred in an illegally operating factory located in a densely populated region of North Delhi. The Tribunal relied upon several of its earlier decisions and reiterated that it has jurisdiction to award compensation in such cases since PLIA is listed in Schedule 1 of the NGT Act. Importantly, the Tribunal held that award of compensation by the NGT is without prejudice to the victim’s right to claim higher compensation before another forum.

In another similar incident involving a fire in a chemical factory in Jaipur, wherein 6 persons were killed and 1 injured, the Principal Bench of the NGT took suo motu cognizance of the incident and issued notice in the matter titled “News Item titled “6 killed 1 injured in chemical factory fire near Jaipur” appearing in News 18 dt. 23.03.2024”. The matter continues to be pending before the Central Zone Bench.

In Hussain Ahamad v. State of UP & Ors, the NGT took up the issue of deaths of five children who accidentally fell into pits created due to illegal mining by brick kilns which were covered with water and were not visible to the children. NGT observed that while FIRs were also registered to investigate the deaths, the same does not prevent the Tribunal from awarding compensation u/s 15 & 17 of the NGT Act, 2010. The Tribunal held that death on account of illegal mining attracts the principle of Absolute Liability. However, the compensation cap of ₹50,000 for death and ₹25,000 for injury under the PLIA was held to be insufficient. NGT also relied upon its earlier decision in K Saravanan v. State of Tamil Nadu, which laid down norms for determining compensation in such cases. It ultimately held that the brick kilns were liable to pay a compensation of ₹20 lakh each to the families of the deceased children.

In News item titled "Four suffocate to death cleaning sewage plant in Mumbai’s Virar" appearing in The Times of India dated 10.04.2024, the NGT took suo motu cognisance of the death of four men cleaning a private sewage treatment plant in a residential township in Mumbai’s Virar. The NGT noted that while an FIR has been registered in this regard, no compensation has been paid to the family members of the deceased victims. The Tribunal impleaded the CPCB, State PCB and others, and dsent the matter for further adjudication before the Western Bench.

Similarly, in News item titled "Bus ferrying distillery company workers falls into soil mine pit in Durg: 12 killed" appearing in The Hindu dated 10.04.2024, the NGT took suo motu cognisance of the death of 12 persons who fell into a mining pit while travelling in a bus. The NGT impleaded the authorities concerned and directed them to file a reply and action taken on the issue of compensation paid to the deceased. The matter was placed before the Central Zone Bench for further adjudication.

In M/s Kisan Sahkari Chini Mills Ltd Semikhera Bareilly v. Uttar Pradesh Pollution Control Board, the NGT reiterated that an appeal u/s 16 of the NGT Act, 2010 against an order passed by the Pollution Control Board should be filed within 30 days and that its power to condone delay in filing of an appeal is limited to a further period of 60 days. The Tribunal relied upon its recent decision in Hafed Sugar Mill v. Haryana State Pollution Control Board & Anr, which took the position that the Tribunal does not have the power to condone delay in filing of over 60 days in the filing of an appeal.

In M/s Contel (Welcomhotel Bella Vista) v. Haryana State Pollution Control Board & Ors, the Tribunal set aside the order passed by the PCB imposing environmental compensation on the ground that no opportunity of being heard was afforded to the project proponent and that the impugned order was passed without complying with the principles of natural justice. The NGT, therefore, remanded the matter and directed the PCB to pass a fresh speaking order after complying with the principles of natural justice.

In Mudit Kumar Applicant v. Govt of NCT of Delhi & Ors, the NGT issued directions to the Municipal Corporation and Delhi Police to ensure that an illegal fish market near the Yamuna floodplains is not permitted to function, since there was no arrangement for hygienic disposal of solid municipal waste generated on site. The Tribunal also directed that illegal encroachments and constructions be removed within one month.

In Fish Farmers Association Indapur Applicant v. Union of India & Ors, the NGT, relying upon an earlier decision and reiterated that there is no prohibition on the breeding of Indian catfish by fish farmers in India and what is prohibited is the breeding of breeding of exotic catfish (clarias gariepinus or Thai Magur) and its hybrids.

In M D Kabra and Anr v. State of Madhya Pradesh & Ors, the NGT registered the OA based on a letter petition alleging that a builder was illegally developing a residential society on agricultural land, illegally cutting trees located on such land and dumping construction waste on a large well located on the property. The NGT took cognisance of the same, constituted an expert committee to look into the allegations and file a report before the Tribunal. The OA was then transferred to the Central Zone Bench with competent jurisdiction.

In Sahaj Karan Singh v. Govt of NCT of Delhi, the NGT issued notice on a plea by a resident alleging concretisation of trees in Jangpura and Nizamuddin areas of New Delhi. The Tribunal has sought for an explanation from the government, and the matter continues to be pending.

Ajit Sharma is an advocate practicing before the Supreme Court of India and the National Green Tribunal.