Controversial Water Pollution Amendment Bill clears Rajya Sabha amidst concerns

Rajya Sabha passes Amendment Bill decriminalising water pollution offenses: Industry impetus or environmental concerns?

The Water (Prevention and Control of Pollution) Amendment Bill, 2024, was passed in the Rajya Sabha, marking a significant shift by decriminalising most penal provisions of the earlier 1974 law. According to Environment Minister Bhupender Yadav, the amended law aims to provide impetus to industries while concurrently progressing towards environmental protection. Key provisions include the replacement of criminal penalties with fines, with exceptions in sections 25 and 26. Section 25 pertains to mandatory consent for operations from state pollution boards, and section 26 relates to the discharge of sewage or trade effluents.

Environment Minister Yadav highlighted that the bill, by streamlining the consent-to-establish and operate mechanism, empowers the central government to issue notifications exempting certain industries from the prior consent requirement before establishing industrial units. This move is intended to reduce duplication in surveillance and alleviate the burden on regulatory agencies.

However, opposition members expressed concerns, with Trinamool MP Jawhar Sircar criticising the government's systematic decriminalisation of environmental offenses, attributing it to catering to the industrial-mining lobby. Sircar raised apprehensions about the potential encouragement of river pollution, citing the ongoing pollution in the Ganga despite substantial spending on cleaning efforts.

Members like V Sivadasan from the Communist Party of India (Marxist) highlighted the increase in pollution in the Ganga and emphasised the importance of local and state-level monitoring of water bodies, echoing concerns about the impact on federal water management structures. M Thambi Durai of the All-India Anna Dravida Munnetra Kazhagam voiced concerns about the polluted state of the Cauvery River, emphasising the need to avoid controversies over the powers of state boards.

In response, Minister Yadav clarified that small violations that don't cause environmental harm have been decriminalised, emphasising the role of fines as an incentive for industries to comply with the law. He mentioned the forthcoming issuance of guidelines for the adjudicating authority. Debadityo Sinha from the Vidhi Centre for Legal Policy called for considerations like disgorgement of unlawful gains and accounting for expenses related to damage evaluation and ecosystem restoration, following standard global practices. (Hindustan Times)

NGT orders Rs. 45 crore compensation for NHAI's environmental violations in Haryana highway project

The National Green Tribunal (NGT) has directed the National Highways Authority of India (NHAI) to pay Rs 45 crore as environmental compensation for numerous violations during the construction of a six-lane highway connecting the Delhi-Noida-Delhi flyway near Maharani Bagh to the KMP Expressway in Haryana. The violations include cutting 241 trees without permission in Gurgaon's Hajipur village and unauthorised felling of "a large number of trees" in private land at Kiranj village in Nuh, with no compensation paid.

The NGT formed a joint committee in January last year, consisting of officials from the Haryana State Pollution Control Board, Haryana Forest Department, and Gurgaon District Magistrate, to investigate the matter. The committee's report highlighted that NHAI illegally acquired 0.58 acres of land forming a pond in Kiranj village but failed to seek permission from the Haryana Pond and Waste Water Management Authority. The pond's natural state was changed by filling it with soil, violating environmental laws.

The NGT judgment, dated February 13, condemned NHAI's illegal actions, including constructing over the pond land. While acknowledging the potential damage to public revenue and interest if the construction is demolished, the NGT imposed an environmental compensation of Rs 45 crore, equivalent to 5% of the project cost.

The compensation is to be deposited with the Haryana State Pollution Control Board within three months. Failure to comply will require NHAI to restore the damaged pond and drains to their original state, with the Chief Secretary of Haryana overseeing the process. The judgment emphasised that NHAI, being a statutory body, must strictly adhere to environmental laws and norms, especially in matters related to the environment. The violations, including encroachment on stormwater drains, were deemed serious, warranting compensation and potential restoration measures to balance the interests of villagers and the public using the road. (The Indian Express)

NGT imposes fines on CMDA and MRF for environmental violations in Thiruvottiyur construction

The Chennai Metropolitan Development Authority (CMDA) has been fined Rs. 1 lakh by the NGT for granting a building permit to MRF in Thiruvottiyur without proper scrutiny. Additionally, MRF, a tyre manufacturer, is required to pay Rs. 12 lakh for violating environmental laws. The proposed construction, involving a tyre testing unit and warehouse near its factory, is situated close to the shoreline, necessitating Coastal Regulatory Zone (CRZ) clearance.

Justice Pushpa Sathyanarayana and Satyagopal Korlapati stated that CMDA is equally responsible for environmental damage as it did not insist on CRZ clearance before approving the building permit. The NGT emphasised the need for officials to be vigilant, preventing permission grants in CRZ areas without proper clearance.

The tribunal directed the State Environment Impact Assessment Authority (SEIAA) to conduct an inquiry, involving a CMDA official, to determine the final penalty amount, not less than ₹1 lakh. Despite CMDA revoking the building permission following intervention by Tamil Nadu State Coastal Zone Management Authority (SCZMA), MRF continued construction for 232 days.

In response to complaints by local fisherman KR Selvaraj Kumar, a joint-committee, appointed by NGT, instructed MRF to pay ₹12 lakh. Subsequently, MRF obtained CRZ clearance, and CMDA reinstated approval, legalising the completed construction. The tribunal clarified that MRF's activities are no longer considered illegal.

Furthermore, the NGT directed SCZMA to evaluate proposals submitted to them and make recommendations to SEIAA or the Union Ministry of Environment, instead of independently granting CRZ clearances. This move aims to ensure a more thorough evaluation process for projects in coastal areas. (The Times of India)

Parliamentary panel advocates penalties and environmental safeguards to protect River Yamuna

A parliamentary panel focusing on water resources has proposed stringent measures, including penalties, to combat waste dumping in rivers, with a specific emphasis on the Yamuna. The panel's report, presented in Parliament, advocates the establishment of guidelines and rules along with increased penalties to prevent the ecological and aesthetic impact of waste disposal in rivers. Expressing concern over the ineffective deterrents against dumping, the panel recommends penal provisions for violators.

The parliamentary committee, chaired by BJP Lok Sabha member Parbatbhai Savabhai Patel, highlights the adverse effects of waste, construction material, and bio-medical waste on river Yamuna. It underscores the potential for obstruction of natural water flow during intense precipitation, leading to flash floods. The report suggests moving cremation sites away from the riverbanks and installing electric and CNG furnaces in crematoriums to reduce pollution in Yamuna.

In response to the July flooding in Delhi, the committee visited the ITO Barrage and identified heavy silting and poor maintenance as key issues affecting gate functionality. The panel urges the department to act as an "honest broker" in resolving disputes between Delhi and Haryana, emphasising active engagement with stakeholders. Additionally, the committee recommends recalibrating the discharge curves of three Barrages in Delhi and conducting periodic Bathymetric surveys to address riverbed silting concerns.

The report acknowledges foaming issues in the Yamuna, particularly at locations like ITO Bridge, Okhla, and Kalindi Kunj during winter. It emphasises the need for comprehensive sewage treatment by Delhi, Haryana, and Uttar Pradesh to address the persistent froth/foam formation. The committee stresses the importance of upgrading sewage treatment plants and connecting industrial clusters to common effluent treatment plants for a lasting solution.

In conclusion, the parliamentary panel calls for coordinated efforts with state governments, stricter regulations, and proactive engagement to safeguard the Yamuna, prevent environmental damage, and mitigate the risk of flooding in the region. (The Times of India)

NGT asserts past liability: Industrial unit directed to compensate for environmental violations

The NGT emphasised that industrial units, even if currently adhering to environmental norms after previous violations, cannot evade past liabilities. The NGT's east zone bench in Kolkata made this assertion while instructing the Odisha State Pollution Control Board (OSPCB) to calculate environmental compensation for a sponge iron unit in Dhenkanal.

The bench, comprising B Amit Sthalekar (judicial member) and Dr Arun Kumar Verma (expert member), directed OSPCB to compute environmental compensation in accordance with the law. This process involves inviting objections from the unit, providing it an opportunity for a hearing, and subsequently issuing appropriate orders within three months. The petition, filed by Santunu Kumar Bhukta and Simanta Kumar Jena, accused the sponge iron unit of violating environmental and forest rules, leading to air pollution. Advocate Sankar Prasad Pani represented the petitioners.

Following the formation of a committee to investigate the allegations, OSPCB submitted inspection reports to the tribunal. Noting the recurring environmental violations in each inspection, the bench stated that the industrial unit remains liable for compensating for these violations. The committee found that the unit failed to construct a boundary wall around the residual iron ore fines and solid waste dump, and had not renovated the sampling platform of the stack connected to electro-static precipitators (pollution filters) of the kiln and oiler.

While the industry has completed 90% of concrete internal roads, the remaining 10% and the approach road connecting the plant gate and Banarpal-Pallahara road still lack concreting, as per the committee's observations. (The Times of India)

This is a roundup of important policy updates from 1st February to 15th February 2024. Read our news updates here.