NATIONAL GREEN TRIBUNAL RECENT LANDMARK DECISION

1 INTRODUCTIONNGT was established on 18th October under National Green Tribunal Act, 2010, an Act of Parliament of India under India's constitutional provision of Article 21 It is a Special tribunal to handle the expeditious disposal of the cases pertaining to environmental issues, Conservation of forests and other natural resources. Primary place of Sitting New Delhi, others Bhopal, Pune, Kolkata and Chennai.

The legislate Act of Parliament defines the National Green Tribunal Act, 2010 as follows,

"An Act to provide for the establishment of a National Green Tribunal for the effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources including enforcement of any legal right relating to environment and giving relief and compensation for damages to persons and property and for matters connected therewith or incidental thereto".

The Tribunal's dedicated jurisdiction in environmental matters shall provide speedy environmental justice and help reduce the burden of litigation in the higher courts.

2 NOTABLE ORDERS/ JUDGEMENTS Yamuna Conservation Zone, 2014

Coal Blocks in Chhattisgarh Forests, 2014

Ban on decade old Diesel vehicles in Delhi NCR, 2015

One Diesel Vehicle Per Family In Delhi, 2015

No sand mining without environment clearance, 2015

Prohibited of use of groundwater for construction, 2015

Revoking environment clearance of steel project by Posco, 2012

Illegal sand mineral mining in Uttar Pradesh, 2013.

3 CASE 1: COAL BLOCKS IN CHHATTISGARH FORESTS, 2014

Facts relating to the case:

Cancellation of clearance given by the environment minister to Parsa East and Kante-Basan captive coal blocks in Hasdeo Arand forests of Chhattisgarh

UEF minister Jairam Ramesh gave clearance in June 2011, NGT overruled the statutory Forest Advisory Committee

Coal block required 1989 hectares of forest land fell in an area that the government had initially barred as it was considered a patch of valuable forest and demarcated as 'no-go' area.

The coal mine has reserves in excess of 450 million tons and was slated to produce 15 million tons of coal every year.

4 CASE 2: BAN ON DECADE OLD DIESEL VEHICLES IN DELHI NCR

Facts relating to the case:

December 2014-January of 2015, the quality of air in Delhi was recorded to be severely polluted for more than 65 per cent of the days

US embassy in India bought 1,800 air purifiers in New Delhi as a protective measure for the US president Barack Obama from Delhi's toxic air

Delhi Pollution Control Committee data showed consistently high level of PM2.5 (particulate matter), 5-7 times more than the permissible limit

Delhi surpassed Beijing to become world’s most polluted city National Green Tribunal (NGT) on April 7th 2015 banned all diesel vehicles over ten years

old from plying on Delhi roads citing them as the main cause of pollution as diesel vehicles contribute more to air pollution than those running on petrol or CNG.

Decision and Resistance:

Delhi government was quick to applaud the decision and promised swift action, the central government appealed against the ban

Citing an IIT Delhi study, counsel argued that the number of 11-15 years-old diesel cars is very small -- only 6 per cent of the fleet and contributes 1 per cent of PM2.5 pollution

Supreme court upheld the ban in a verdict on August 12th 2015

5 CASE 3: ILLEGAL MINING OF MINOR MATERIALS

Facts relating to the case:

Case Background: All these cases pertained to quarrying brick earth without obtaining environment clearance. Direction against the respondents to comply with the directions of the MoEF dated 15.05.2012 and 24.06.2013

Reference: The order of the Supreme Court dated 27.02.2012 rendered in Deepak Kumar Vs State of Haryana.

Statistics: No of operational brick kilns in Baghpat district: 282

Existing Notification: The Government of India through the Ministry of Environment and Forests issued a notification dated 14.09.2006 providing for prior environment clearance before such mining and other activities contained therein.

Complaint Application: The State Governments in order to circumvent the notification of the Government as well as the order of the High Court had started permitting excavation of the minor mineral in the extent less than 5 hectares. The District Magistrate had been accepting the payment of royalty and permitting the owners to excavate earth without environment clearance which was illegal.

Reference Direction:

Rules to be framed under Section 15 of the Minor and Mineral and Development Regulation Act, 1957, according to which even if land under lease for mining operation is than 5 hectares (treated as ‘B’ category as per EIA Notification 2006) , prior environment clearance is required.

Ministry of Environment and Forests has issued an office memorandum dated 18.05.2012 directing that all mining projects of minor minerals including their renewal, irrespective of the size of the lease would henceforth require prior environment clearance.

Perceived threat to Environment:

The quarrying of brick earth in the brick kiln causes damage to environment and arable land.

The excavation of the said minor mineral indiscriminately, affects the underground water recharge.

By conduct of the owners in digging deep pits it results in adverse effect on the water resources and hydrology.

It also results in the fast drying of water level in the ponds and lakes situated in the villages.

Indiscriminate mining results in prevention of free flow of water during rainy season. Stagnation of water by creation of a large number of pits dug by the brick kiln owners

thereby resulting in water scarcity in other areas.

JUDGEMENT:

Consider the inclusion of brick earth and soil apart from sand as minor mineral.

The State Governments have to frame adequate rules based on the Ministry of Environment and Forests recommendations and Core group 2010 of Ministry of Mines, Government of India.

Till such regulations were made the Supreme Court made clear that lease of minor mineral including renewable for less than 5 hectares to be granted by the State or Union Territory only after clearance from Ministry of Environment and Forests.

The Tribunal held that the amendments brought in by the State Government of U.P. were to be ignored and in spite of the same, until and unless the State of U.P passed appropriate amendments to their respective mining rule.