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New Indian Express
30-05-2025
- Politics
- New Indian Express
NGT issues notice to Odisha chief secretary, three others in legacy waste case
CUTTACK: The National Green Tribunal (NGT) has issued show cause notice to the chief secretary, Odisha, secretary of the Housing and Urban Development department, Bargarh collector and executive officer of Bargarh municipality in connection with the alleged non-compliance of order regarding removal of legacy waste from Bargarh town for more than a decade. NGT's east zone bench comprising Sudhir Agarwal (Judicial Member) and Dr Arun Kumar Verma (Expert Member) observed, 'In the circumstances, we find sufficient justification in this particular matter where action should be taken for prosecution of the authorities who have not complied with the Tribunal's order by initiation of prosecution under Section 26 of NGT Act, 2010.' 'However, before proceeding further in the matter, we find it appropriate to give a last opportunity to the concerned authorities hence we give opportunity to respondents to show cause as to why appropriate directions be not issued for initiation of prosecution against them for committing offence by non-complying and disobeying the directions of the Tribunal and thereby, attracting the provisions of Section 26 of NGT Act, 2010,' the bench stated. Response by the said authorities shall be submitted within one month, the bench added, further posting the matter to July 28. As per section 26 of the National Green Tribunal Act, non-compliance of direction of Tribunal is an offence for which punishment as prescribed includes imprisonment for a term which may extend to three years, or with fine which may extend to Rs 10,000 crore. Ramakanta Rout and six other residents of Purushotam Nagar in ward no 15 under Bargarh Municipality area filed the petition seeking criminal proceedings against the authorities for non-compliance of orders the Tribunal had issued on March 23, 2023. Advocates Sankar Prasad Pani and Ashutosh Padhy represented the petitioners.
Time of India
30-05-2025
- Time of India
NGT pulls up authorities over non-removal of legacy waste in Bargarh
1 2 Cuttack: The National Green Tribunal (NGT) issued notices to the chief secretary, secretary, housing & urban development department, collector (Bargarh) and executive officer of Bargarh municipality to show cause within one month as to why they should not face trial for non-compliance of orders regarding removal of legacy waste dumped for the past 10 to 15 years in Bargarh town. NGT's east zone bench in Kolkata was hearing a petition seeking criminal proceedings against authorities for non-compliance of orders the tribunal issued on March 23, 2023. The legacy waste dump sites has resulted in huge damage to the environment and posed health hazards to the population in the vicinity of such dump sites. In the order uploaded on Wednesday (May 28), the bench comprising Sudhir Agarwal (judicial member) and Dr Arun Kumar Verma (expert member) said, "Under these circumstances, we find sufficient justification in this particular matter where action should be taken for prosecution of the authorities who have not complied with the tribunal's order by initiation of prosecution under Section 26 of NGT Act, 2010." "However, before proceeding further, we find it appropriate to give a last opportunity to the concerned authorities hence we give opportunity to respondents to show cause as to why appropriate directions be not issued for initiation of prosecution against them for committing offence by non-complying and disobeying the directions of tribunal and thereby, attracting the provisions of Section 26 of NGT Act, 2010," the bench added and scheduled the matter for July 28. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Ele criou a primeira plataforma de terceirização de mão de obra e já faturou milhões Russel Serviços Saiba Mais Undo Section 26 of National Green Tribunal Act, says that non-compliance of direction of tribunal is an offence for which punishment as prescribed includes imprisonment for a term which may extend to three years, or with fine which may extend to Rs 10 crore. Ramakanta Rout and six other residents of Purushotam Nagar in ward no. 15 under Bargarh municipality area filed the petition. Advocates Sankar Prasad Pani and Ashutosh Padhy represented the petitioners. On March 23, 2023, the tribunal disposed of the petition with a direction to Bargarh municipality to ensure complete treatment of legacy waste of over 51,000 metric tonnes through bio-mining/micro composting centres/material recovery facilities by Dec 31, 2023. The tribunal also directed the state govt to immediately deposit Rs 1.84 crore in an ESCROW account to be utilised for the remediation measures by Bargarh municipality. "More than two years have passed but the concerned authorities have not taken care to take directions seriously and take steps towards their compliance. But it appears that there is a lackadaisical approach adopted by the said authorities with regard to directions issued by tribunal," the bench remarked, adding, "The state of affairs as noticed is very unsatisfactory, particularly, when it relates to serious contamination and pollution of environment i.e. , contamination of land as well as river water." "We also do not find any effective explanation or reason in the affidavit of district collector (Bargarh) as to why for the last more than two years, it was not possible to comply with the tribunal's directions. On this aspect, the reply is virtually silent. The only reason, therefore, evident is, lack of sincerity and seriousness on the part of authorities concerned towards preservation of environment and compliance of directions of Tribunal," the bench observed.
The Hindu
29-05-2025
- Politics
- The Hindu
NGT warns Odisha officials of prosecution over waste management lapses in Bargarh
The National Green Tribunal (NGT) Eastern Zone Bench, Kolkata, has issued notices to the State of Odisha, the Bargarh District Collector, and the municipal authorities of Bargarh town, seeking an explanation as to why prosecution should not be initiated against them for failing to comply with its 2023 directives on municipal waste management and for allowing continued pollution in the region. The Bench, comprising Justice Sudhir Agarwal (Judicial Member) and Dr. Arun Kumar Verma (Expert Member), expressed strong dissatisfaction with what it termed the 'lackadaisical approach' of the authorities. It observed that the repeated non-compliance could attract penal action under Section 26 of the NGT Act, 2010. The matter stems from a petition filed by Ramakanta Rout, a resident of Bargarh, who alleged that land in Ward 15 of Bargarh Municipality was being used as an unscientific dumping ground. He further raised concerns about severe contamination of the Jeera River - a critical drinking water source for the town - due to untreated municipal waste discharge. In its judgment dated March 23, 2023, the Tribunal had directed the State to deposit over ₹1.84 crore into an ESCROW account for environmental remediation. It also mandated the installation of five Sewage Treatment Plants (STPs) and completion of bio-mining of legacy waste by December 31, 2023. Additionally, the Amasranga waste facility was to be brought into compliance with environmental norms. However, an inspection by the Odisha State Pollution Control Board (OSPCB) in January 2025, and a subsequent affidavit filed earlier this month, revealed substantial non-compliance. The report stated that the penalty amount had not been deposited, STPs remained uninstalled, and bio-mining was incomplete. Untreated sewage was continuing to pollute the Jeera River, and water samples from the river and nearby groundwater sources indicated contamination beyond permissible limits. In an affidavit dated May 12, 2025, the District Collector of Bargarh cited progress, including the receipt of ₹1.21 crore for bio-mining and a revised proposal for a single wastewater treatment plant. However, the Tribunal found these claims inadequate, stating that the directions issued in 2023 had remained largely unimplemented even after more than two years. The Bench has granted the respondents - namely the State of Odisha, the District Collector, and Bargarh Municipality - one month to show cause why prosecution should not be initiated under Section 26 of the NGT Act. This provision allows for imprisonment of up to three years, a fine of up to ₹10 crore, or both, for failure to comply with Tribunal orders. Further, the Member Secretary of the OSPCB has been asked to explain why no penal action or environmental compensation has been imposed on the violators despite the documented breaches. The matter is listed for the next hearing on July 28. Shankar Pani, counsel for the petitioner, noted that it was a rare instance of the Tribunal contemplating prosecution against government functionaries for repeated defiance of its orders.
Hindustan Times
19-05-2025
- Politics
- Hindustan Times
NGT directs Assam govt to clear 4200 ha of encroached forest land in Kamrup (M)
The Kolkata bench of the National Green Tribunal (NGT) has directed the Assam government to remove encroachments from 4,240 hectares of forest cover in Kamrup (Metropolitan) district by the end of December next year, according to an order seen by HT. In the order issued last week, judicial member justice B Amit Sthalekar and expert member Arun Kumar Verma directed the Assam chief secretary and the principal chief conservator of forest (PCCF) to ensure expeditious compliance of the order and submit an action taken report on complete clearing of the area by December 31, 2026. 'Take expeditious steps for the removal of the encroachments and ensure that the entire area of 4240.04 hectare of encroached forest land in Kamrup (M) is cleared of all encroachments,' the order stated. The New Delhi bench of NGT had filed a suo motu application in November last year based on a news item that appeared in a Guwahati-based newspaper on this matter. It was later transferred to the eastern zone branch of NGT in Kolkata the same month. The news report mentioned that a substantial portion of forests in the district had been encroached upon, adding that the encroached area includes ecologically important hills such as Fatasil, South Kalapahar, Jalukbari, Gotanagar, Hengrabari, Sarania, and Garbhanga, which are within and the periphery of Guwahati, the largest city in the northeast. In March this year, Assam's principal chief conservator of forest and head of forest force filed an affidavit, stating that Kamrup (M) district has 12 reserved forests covering an area of 28,380.09 hectares, of which about 4,240.40 hectares is under encroachment. It mentioned that the encroachments are mainly in South Kalapahar, Fatasil, Hengrabari, Gotanagar, Garbhanga, Marakdola, West Apricola and Matapahar reserved forests. The affidavit added that from 2022-23 to 2024-25 a total of 21 eviction drives were conducted in those areas and around 3.5 hectares of forest land were cleared. 'Certain encroachment drives are stated to have been carried out, but the land which has been recovered from the encroachers comprises a minuscule percentage of the total land under encroachment, which renders such anti-encroachment drives completely futile,' the NGT observed in its order. Citing previous Supreme Court orders on such issues, the NGT bench directed the Assam government to clear the entire encroached area by the end of 2026 and disposed the application.
Hindustan Times
17-05-2025
- Hindustan Times
National Green Tribunal halts ecotourism at Odisha's highest peak Deomali
The National Green Tribunal (NGT) has halted ecotourism at Deomali, the highest peak in Odisha in the Koraput district, and ordered the state to secure clearance under the Forest Conservation Act, 1980, for structures built for it within three months or demolish them and restore the land. NGT's eastern zonal bench of Justice B Amit Sthalekar and Arun Kumar Verma said 10 cottages for tourists with dining halls and dormitories, and other constructions lacked permissions. 'If the required approval is not obtained within the stipulated time, erected shall be removed, and the area shall be restored to its original form. In any case, no diversion of the land in question shall be made for non-forestry purposes, and the respondents [state and the Union governments] shall ensure strict compliance with the Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980, read with the Forest Rights Act, 2006,' the bench said. The bench directed maintenance of a 1.5-2 hectare pine plantation. Deomali, a mountaintop tableland in the Eastern Ghats range, is 5,486 feet above sea level. The Wildlife Society of Orissa (WSO), a non-profit organisation, moved the NGT against the constructions, arguing they flouted sustainable development principles. Lawyer Sankar Prasad Pani, who represented WSO, said any non-forest activity in the area requires prior approval under the Forest Conservation Act, 1980. 'If the land is not a notified forest and is devoid of trees and vegetation, as is the stand taken, the DFO [divisional forest officer] would have no role in issuing a tender notice for civil works,' said Pani. The Koraput DFO submitted that the ecotourism project site does not fall within any notified forest block or recorded forest land as per the government records, and it is not identified as deemed forest. The NGT was unsatisfied with the submission and said the question arises as to why village level meetings were held for the formation of Van Surakhya Samiti if the state's stand is to be accepted. 'If the land in question was revenue land, the procedure as prescribed under the Forest Rights Act, 2006, would have had no application or necessity,' the bench said. The Deomali project is part of the Union government's Swadesh Darshan Scheme for infrastructure development to boost tourism. The tourism department has separately sanctioned ₹16 crore for the integrated development of the area. There is also a proposal for an ecotourism complex at an estimated cost of about ₹4.5 crore.
