Significant interventions of the National Green Tribunal in January 2019

1. Case: Aryavart Foundation Versus Vapi Green Enviro Ltd. &Ors. (O.A.No. 95/2018)
Issue: Discharge of effluents by Common Effluent Treatment Plant (CETP) in Vapi
industrial cluster in Gujarat.
Date: 11.01.2019

Impact: The Tribunal was considering up-gradation of CETP set up in 1997 in Vapi
industrial cluster in Gujarat, restraining the CETP from receiving effluents from member
units not conforming to the norms, recovering cost of damage to the environment.
Significantly, the Tribunal held that the performance audit must be done of all the
Pollution Control Boards and Pollution Control Committees in the country and to
identify remedial steps required in manning and functioning of SPCBs and PCCs or
otherwise. CETP operator and the concerned industrial units have failed to comply with
the pollution norms and are required to be made accountable for their failure. The
Tribunal directed CPCB to constantly monitor CETPs across the country. Apart from
appointing a joint committee to look into the issue, the Tribunal directed that (apart from
those in white and green category) to pay an interim compensation to CPCB.

2. Case: Compliance of Municipal Solid Waste Management Rules-2016 (O.A. No.

606/2018)
Issue: Compliance of Municipal Solid Waste Management Rules, 2016.
Date: 16.01.2019

Impact: To ensure compliance of Municipal Solid Waste Management Rules, 2016, the
Tribunal passed a comprehensive order summoning chief secretaries of all states and
union territories to personally appear and update the status of identification and
development of Model Cities and Towns in the state in the first phase and be replicated
later for other cities and towns of the state. Apart from forming oversight committees
comprising of former High Court judges for each state, every state and union territory is
directed to constitute a Special Task Force in every District of 3 members one each
nominated by District Magistrate, Superintendent of Police, Regional Officer of the State
Pollution Control Boards in concerned Districts and one person to be nominated by the
Chairman of the District Legal Services Authority (DLSA) for awareness about the
SWM Rules, 2016 by involving educational, religious and social organizations including
local Eco-clubs.

3. Case: Threat to life arising out of coal mining in south Garo Hills district Versus State
of Meghalaya& Ors (O.A. No. 110(THC)/2012)
Issue: Rat hole mining in Meghalaya.
Date: 04.01.2019
 Impact: The Tribunal directed the expert committee headed by former High court judge
Justice B.P. Katakey and comprising of representatives from of CPCB and Indian School
of Mines, Dhanbad to expedite efforts to identify victims of rat hole mining in
Meghalaya since 2012. The committee’s interim report has found that mining activity has
been going on for a long time in unplanned and unscientific manner resulting in huge
ecological disturbance and negative impact on the environment. It will continue to make
field trips across the state to formulate a comprehensive restoration plan of the affected
region by 31 March 2019. In order to ensure better compliance, the Tribunal has now
also redirected its approach on the issue and has imposed an interim penalty of Rs. 100
crores on the government of Meghalaya. Further, the Tribunal also laid down that the
state can be made liable for colluding with the polluters apart from non-compliance.

4. Case: Manoj Mishra versus Union of India &Ors. (O.A. No 6/2012)

Issue: Cleaning of River Yamuna.
Date: 29.01.2018

Impact: Taking note of recommendations by the Expert Committee constituted by the

Tribunal for execution of directions issued for abatement of pollution in river Yamuna,
directions were issued to three states- Delhi, Haryana and Uttar Pradesh to furnish a
performance guarantee of Rs 10 crores within a month to ensure compliance. The Delhi
Development Authority (DDA) was directed to furnish a similar guarantee of Rs 50
lakhs. The Tribunal also made it clear that the chief secretaries of the states will be
personally responsible for ensuring compliance while Vice Chairman will be responsible
in the case of DDA.

5. Case: Mayank Manohar & Paras Singh, Reporter Times of India Versus Govt. of NCT
of Delhi &Ors. (O.A. No. 601/2018)
Issue: Closure of unauthorized industrial activates in Delhi in residential/non-conforming
areas.
Date: 24.01.2019

Impact: The Tribunal took note of an Expert Committee report that compiled a list of
industries in nonconforming/residential areas against the provisions of the Master Plan of
Delhi, 2021 which stated that 29,877 industries were not eligible for allotment and were
liable to be closed. Since industries are illegally operating in non-confirming areas even
after 15 years since the Supreme Court intervened, a fresh oversight body headed by
former High court judge was constituted.

6. Case: Social Action for Forest and Environment (SAFE) Versus Union of India &Ors.
(O.A. No. 306/2016)
 Issue: Solid Waste Management in Agra city and areas under the Agra Cantonment
Board, and eco-sensitive Taj Trapezium Zone.
Date: 29.01.2019

Impact: The Tribunal having dealt with the issue of compliance with solid waste
management rules in regard to the grave situation in Agra which is affecting public
health, directed that the state deposit a performance guarantee of Rs. 25 crores to the
satisfaction of the Central Pollution Control Board to comply with the timelines in the
action plan to be submitted within one month.

7. Case: Saloni Singh &Anr. Versus Union of India &Ors. (O.A. No. 141/2014)
Issue: Compliance of Plastic and Solid Waste Management Rules, 2016 at the railway
compartments, stations and railway tracks.
Date: 22.01.2019

Impact: The Tribunal considered the report of the Comptroller and Auditor General of
India (CAG) called “Environment Management in Indian Railways” based on study of
the major railway stations and the 83rd report of the Public Accounts Committee and
found unsatisfactory handling of waste generated and dumped on the railway tracks,
open defecation on the tracks, leading to unhygienic conditions and health hazards. The
Tribunal directed that 36 railway stations, i.e. 5% of all stations achieve the target of
achieving environment standard ‘14001’laid down by BIS for selected railway stations in
the form of Environment Management System within three months. The Eco-smart
stations’ are to be replicated in phases in rest of the country.

8. Case: Sri Om Tyagi Versus Ministry of Environment & Forest &Ors (O.A. No.
412/2018)
Issue: Environmental damage by marriage halls in Ghaziabad.
Date: 24.01.2019

Impact: Reaffirming its holding in In Westend Green Farms Society Versus UOI &Ors.
(O.A. No.400/2017) the Tribunal held that environmental norms are required to be read
into every activity adversely affecting environment including functioning of marriage
halls and ensure compliance of rules for rain-water harvesting, traffic regulation, drawing
of ground water, regulating use of DG sets, management of municipal solid waste. The
Tribunal constituted an oversight committee for Delhi to look compile data of places
where marriages and functions take place in Delhi, regulate noise caused by DJ’s and
crackers etc., ensure compliance of Solid Waste Management Rules, 2016 among other
things.
9. Case: Ashwani Kumar Dubey Versus Union of India &Ors. (O.A. No. 164/2018)
Issue: Air pollution by Thermal Power Stations in Districts of Singrauli, Madhya Pradesh
and Sonebhadra in Uttar Pradesh.
Date: 03.01.2019

Impact: The Tribunal directed the polluting units to take steps within prescribed timelines
furnish Performance Guarantees CPCB to the extent assessed by the oversight
Committee headed by former high court judge. The Tribunal directed the Health
Secretaries of MP and UP to report on health status of the citizens of the affected areas
and the trends of diseases relating to pollution within two months and on priority identify
long term plan for providing potable water through pipelines etc. be executed with firm
timelines.

10. Case: K. Chidambaram Versus Krishna Limited Unit II &Ors. (Appeal No. 141/2018)
(Earlier Appeal No. 123/2013 (SZ)
Issue: Pollution caused by drug manufacturing units in Patancheru and Bollaram
industrial clusters in Telangana State.
Date: 21.01.2019

Impact: A 2012 order of the Appellate Authority (AA) under the provision of Water
(Prevention and Control of Pollution) Act, 1974 was challenged by a batch of pharma
companies in the region that placed restrictions on the industries so as to maintain the
environmental norms and to furnish bank guarantee to ensure that the norms are not
violated. In light of the Andhra Pradesh government intervention and Southern Bench of
the National Green Tribunal vide a detailed judgment of 24.10.2017, the Tribunal
disposed of the appeals and shifted the concerns on pollution to another case in O.A.
1038/2018 where the Tribunal is seized on the remedial action in 100 critically polluted
industrial clusters in the country, categorized as such by Central Pollution Control Board.

11. Case: Suo Motu proceedings initiated based on the representation received from
Justice R. Bhaskaran Former Judge Versus State of Kerala & Ors.(Original
Application No. 585/2018) (Earlier O. A. No. 395/2013 (SZ) (THC)
Issue: Cleaning of River Periyar.
Date: 25.01.2019

Impact: The issue of cleaning up of the Periyar River was taken up on account of transfer
of a pending Writ Petition by the Kerala High Court to the Tribunal. On inspection,
rampant dumping of waste by hospitals and slaughter houses waste into the river Periyar
was noted by the Tribunal. The Tribunal constituted a Joint Committee of CPCB, Kerala
SPCB and District Magistrate to forthwith prepare an action plan for compliance of law
particularly the biomedical waste and solid waste management Rules and furnish an
action taken report within one month. The committee will also assess the damages caused
to the environment and the persons from whom the same are to be recovered.