NGT rebukes CPCB's 'gross misuse' of environmental funds
The National Green Tribunal (NGT) has strongly criticised the Central Pollution Control Board (CPCB) for the "gross misuse" of environmental compensation funds, diverting them for "unauthorised purposes." The tribunal imposed a Rs 25,000 cost on the Union Ministry of Environment, Forest and Climate Change for submitting a "vague and irrelevant reply" concerning the psychological impact of air pollution.
Previously, the NGT had issued a notice to the ministry, CPCB, and others, emphasising the need for effective measures to control air pollution's adverse effects on human health, especially the brain and psychological aspects. The tribunal expressed dissatisfaction with the ministry's unclear response and directed it to pay a fine and submit a supplementary reply detailing steps taken to monitor and control air pollution within one month.
The NGT also criticised the CPCB for not taking effective steps to prevent air pollution despite acknowledging the presence of pollutants. It highlighted the diversion of environmental compensation funds for unauthorised purposes, particularly funding urban local bodies for road construction and repair without specific justification. The tribunal demanded complete details of the funds, including expenditure up to November 30, 2023. Emphasising that road-related activities were the responsibility of local bodies, the NGT condemned the CPCB for the "gross misuse" of funds, expressing intent to issue recovery directions against responsible officers. The NGT underscored the seriousness of financial irregularities in diverting funds for unauthorized activities, signalling a need for corrective action. (National Herald)
Systemic failures in Maharashtra Industrial Development Corporation's Operations: CAG
The Comptroller and Auditor General of India (CAG) has uncovered significant shortcomings in the operations of the Maharashtra Industrial Development Corporation (MIDC), as detailed in a report presented to the Legislative Assembly. The report, covering the period from 2014 to 2021, outlines issues ranging from unutilised industrial plots to systemic delays in implementing land rates, undue concessions to allottees, and irregularities in plot allotments.
According to the CAG report, out of 3,284 industrial plot allottees in the Trans Thane Creek (TTC) area, a staggering 3,053 plots remain unused. Despite the MIDC introducing a scheme in June 2017 to encourage the return of excess or unutilised land, none of the allottees participated, and the MIDC failed to take action against non-participants as mandated by Section 42A of the MIDC Act. The data analysis revealed that only 7% of allottees fully utilised their plots, leaving 60.51 lakh sqm of land unutilised.
The report also highlights issues with the MIDC's land rate policies. It criticises the inappropriate fixation or revision of land rates, leading to systemic delays in their implementation and resulting in financial losses for the MIDC. The lack of a methodology or weightage formula for rate revision, along with uniform ad-hoc revisions without cost analysis, raised concerns.
Furthermore, the audit found instances of direct allotment of plots to ineligible individuals, a violation of established policies. Offer letters were issued even when plots were not available, contrary to MIDC regulations. The report points out irregularities in revenue recovery, including undue concessions in lease premium, transfer charges, Urban Land Ceiling exemption transfer charges, extension charges, and sub-letting charges.
The MIDC's failure to establish a system for periodic revision of water and service charges led to inadequate expense recovery. The report notes non-payment of Goods and Services Tax on non-exempted services, contributing to outstanding statutory dues. Additionally, the MIDC lacked an effective system for monitoring plot development and building completion certificates, leading to delayed actions for plot resumption and extension charge recovery notices.
The CAG report concludes by highlighting unauthorised sub-leases, changes in plot use, encroachments, and irregular allotments to encroachers, underscoring the need for immediate corrective measures to address these systemic failures in the MIDC's functioning. (The Indian Express)
NGT issues notices over alleged endosulfan dumping: A case of environmental concerns in Minchinpadavu
The NGT’s southern bench in Chennai has issued notices to the Union Government, Karnataka and Kerala State Governments, their pollution control boards, the Central Pollution Control Board, and the Plantation Corporation of Kerala (PCK). This action follows a complaint by Ravindranath Shanbhogue, president of the Human Rights Protection Foundation, regarding the alleged illegal dumping of endosulfan in Minchinpadavu, Kasaragod district of Kerala, near Nettanige-Mudnur village in Karnataka.
Shanbhogue alleges that the PCK, headquartered in Kottayam, has been illegally and unscientifically dumping endosulfan in an abandoned well within its plantation area. The contamination of groundwater has adversely affected residents in Nettanige-Mundnur and adjacent villages in Karnataka. Endosulfan was sprayed in cashew plantations at Minchinapadavu by the PCK for over two decades, causing severe health issues, particularly among children born with mental and physical impairments.
Despite protests, endosulfan spraying continued until 2002, leading to significant health concerns in the affected areas. In 2011, the Supreme Court imposed a ban on the production, use, and sale of endosulfan, prompting the PCK to dispose of its stock in Minchinapadavu. In 2013, a former security guard claimed to have disposed of unused endosulfan containers in an abandoned well under PCK officials' instructions.
Water samples collected downstream in Nettinanige Mudnur revealed traces of endosulfan, and numerous endosulfan victims were identified in nearby villages. Shanbhogue seeks NGT's direction for the safe extraction of endosulfan cans from the abandoned well and groundwater analysis by Pollution Control Boards in bordering villages of Karnataka and Kerala. The NGT has scheduled a hearing for January 2, 2024, after directing the respondents to file appropriate reports following a spot inspection. (The Hindu)
NGT committee investigates red sea phenomenon in Puducherry, report due in 15 days
A committee appointed by the NGT investigated the cause of the recent phenomenon of the sea turning red in Puducherry. The three-member committee, consisting of representatives from the Central Pollution Control Board and local academic institutions, inspected the Kuruchikuppam drain and beach. The NGT took suo motu cognizance of a news report about a reddish tinge observed on the northern side of Promenade Beach in October. Concerned about the environmental impact, the NGT ordered the committee to determine the cause and recommend preventive measures.
The team, accompanied by officials from the Puducherry Pollution Control Committee (PPCC), collected water samples during the inspection. Preliminary tests conducted by the PPCC identified the phenomenon as a red tide or algal bloom. The Noctiluca genus of marine dinoflagellates, containing red pigments, was found responsible for the red tide. The algae thrive in coastal waters with increased nutrient presence.
The committee, comprising experts from various institutions, will analyse the water samples and the analytical report to understand the cause of the sea turning red. Their findings will be submitted to the NGT within 15 days. The NGT's intervention underscores the seriousness of the environmental issue and the need for prompt investigation and action to prevent such incidents in the future. (The Hindu)
NGT notice on alleged untreated effluent discharge in Ankleshwar: Urgent action demanded
The New Delhi bench of the NGT has issued notices to the Gujarat Pollution Control Board and the GIDC Industrial Estate following suo motu cognizance of social media posts alleging unauthorized untreated effluent discharge near the Ankleshwar GIDC Industrial Estate. The notice, prompted by social media posts on December 3, demands immediate action and an explanation from the authorities. A hearing is scheduled for December 21.
The Prayavaran Suraksha Samiti, an environmental protection group, shared photos on social media depicting the purported disposal of untreated effluents in small channels within the Ankleshwar GIDC Industrial Estate. Rohit Prajapati of the PSS emphasised that releasing untreated effluent not only violates environmental laws but also constitutes contempt of a 2017 Supreme Court order.
Prajapati outlined necessary actions, including ensuring the full operation of primary effluent treatment plants and restraining industries from activity if their treatment plants are not fully functional. Untreated discharge from units in Ankleshwar GIDC poses significant environmental hazards, risking contamination of local water bodies, harm to aquatic life, and threats to the health of nearby communities.
This irresponsible discharge contradicts environmental regulations, undermining conservation efforts and jeopardising sustainable development. The pollutants in untreated effluents may contain hazardous substances, leading to long-term ecological damage. Prajapati urged Ankleshwar Notified Area Authority, GIDC, Ankleshwar Industries Association, and the GPCB to address the issue systematically, emphasising the need for a comprehensive solution. The NGT's intervention underscores the urgency of addressing environmental violations to prevent further harm to the ecosystem and local residents. (The Blunt Times)
NGT slams CGWB for neglecting groundwater contamination responsibilities
The Central Ground Water Board (CGWB) faced criticism at the NGT for asserting that drinking water safety is a state subject, despite acknowledging widespread arsenic and fluoride contamination in groundwater across the country, including in Karnataka. The CGWB's report revealed that 230 districts in 25 states, including three in Karnataka, had arsenic levels exceeding the desirable limit, and 469 districts in 27 states, including all 31 in Karnataka, had fluoride content surpassing the recommended level.
The NGT's principal bench, comprising Justice Sudhir Agarwal and expert member A Senthil Vel, rebuked the CGWB's stance, emphasising that the presence of toxic elements like arsenic and fluoride in groundwater is acknowledged, yet no effective measures have been taken by the CGWB, the body responsible for regulating groundwater.
While the CGWB claimed water as a state subject, the NGT bench pointed out that the Supreme Court rejected this claim in the M C Mehta vs Union of India case. The NGT expressed surprise at the CGWB's reluctance to fulfill its statutory responsibility despite the Supreme Court's ruling, deeming its grounds as flimsy.
The CGWB argued that it shared groundwater quality data with state governments for remedial measures, and the Ministry of Jal Shakti issued guidelines for groundwater extraction regulation. However, the NGT bench questioned the CGWB's audacity in shirking its statutory obligations and using grounds already rejected by the Apex Court.
The NGT issued notices to the governments involved, urging a response within a month on urgent preventive measures to curb the negative impact on public health caused by groundwater contamination. (Deccan Herald)
This is a roundup of important policy updates from 15th to 31st December 2023.
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