Latest news with #EnvironmentProtectionAct
Hindustan Times
2 days ago
- Hindustan Times
NGT steps in after hill collapse in Rajasthan, locals blame illegal mining
The National Green Tribunal (NGT) has taken suo motu cognisance of media reports about a hill collapse at Nari village in Rajasthan's Jhunjhunu district following heavy rainfall, officials said. NGT took suo motu note of a hill collapse in Jhunjhunu after heavy rain.(Pexel) Locals have blamed unregulated illegal mining for the incident in which a portion of the hill collapsed with an explosion-like sound. The incident led to cracks in nearby buildings, causing widespread panic, the locals said. The NGT has issued notices to various authorities and transferred the case to its Central Zone Bench in Bhopal for a hearing on September 17. The order passed by the NGT on August 4 was based on media reports about the hill collapse in the Chirawa area after heavy rainfall. The villagers have blamed illegal and unregulated mining activities carried out in the area by private contractors for the incident. The NGT noted that the incident was a violation of the Environment Protection Act, 1986, and the Mines and Minerals (Development and Regulation) Act, 1957. Also Read: Illegal mining razes Aravalli hill despite FIR It has issued notices to the Jhunjhunu district collector, Rajasthan State Pollution Control Board, Department of Mines and Geology, the Ministry of Environment, Forest and Climate Change, and the Central Pollution Control Board (CPCB).
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Business Standard
4 days ago
- Business
- Business Standard
SC strikes down Centre's EIA waiver for educational constructions
The Supreme Court on Tuesday struck down the Centre's notification that had exempted educational buildings from obtaining prior environmental clearance. A Bench of Chief Justice B R Gavai and Justice K Vinod Chandran struck down a part of the Centre's 29 January 2025 notification that had exempted construction projects related to industrial sheds, schools, colleges, and hostels from obtaining prior environmental clearance under the Environmental Impact Assessment (EIA) Notification, 2006. EIA is a process used to evaluate the potential environmental consequences of a proposed project or development before it is undertaken. The Bench said the exemption was arbitrary and contrary to the purpose of the Environment Protection Act. The rest of the notification was upheld. 'We see no reason behind the exemption of the 2006 notification for the industry and educational buildings. If any construction activity in an area of more than 20,000 sq m (square metres) is carried out, it will naturally have an effect on the environment, even if the building is for educational purpose. We see no reason to discriminate the other buildings with the buildings constructed for industrial or educational purposes. It is common knowledge that education is no more a merely service-oriented profession. It is common knowledge that education has nowadays also become a flourishing industry,' the apex court observed. The Court had earlier stayed the operation of the notification in a public interest litigation filed by the non-government organisation Vanashakti. The stay had also applied to an Office Memorandum dated 30 January 2025, which had clarified that the amended notification would also apply to Kerala. Under the EIA, any building or construction project with a built-up area equal to or greater than 20,000 sq m requires prior environmental clearance. The challenged notification had amended Clause 8 of the schedule to the 2006 EIA Notification and introduced Note 1 to Clause 8(a). The amendment stated that projects such as industrial sheds, schools, colleges, and hostels for educational institutions would not require prior environmental clearance if measures such as sustainable environmental management, solid and liquid waste management, and rainwater harvesting were put in place. The apex court, in its judgment, observed that development must be balanced with environmental protection. 'A country cannot progress unless development takes place. This Court, in a catena of decisions, has adopted the principle of sustainable development,' it said. The Court also rejected the Centre's argument that guidelines exist to ensure such projects would follow environmental safeguards. 'We are of the view that the exemption of applicability of the 2006 notification to the projects and activities qua industrial sheds, schools, colleges, hostels, and educational institutions does not appear to be in tune with the purpose of the Environment Protection Act,' the Court observed. The Court was hearing a petition filed by Vanashakti challenging both the 29 January 2025 notification and the subsequent Office Memorandum. Vanashakti had argued that the government was trying to dilute the EIA regime for building and construction projects, after making similar efforts in 2014, 2016, and 2018 that were stayed or quashed by courts.
The Hindu
6 days ago
- The Hindu
Maharashtra's Chinchavli village takes illegal quarrying battle to Supreme Court, calls Bombay HC's order ‘half-hearted'
Alleging that the Bombay High Court offered 'incomplete justice' in an over ₹190 crore illegal quarrying case within a protected ecological zone, residents of Chinchavli village in Maharashtra's Thane district have moved the Supreme Court, challenging the High Court's July 1, 2025, judgment. Filed by Nandakumar Waman Pawar, a 63-year-old environmental activist, and Bhagawan Walku Waraghada, a 30-year-old tribal resident of Chinchavli, the Special Leave Petition (SLP) contends that the Bombay High Court's order, while acknowledging environmental violations, failed to ensure meaningful accountability or restitution for the damage caused by over 17 years of illegal mining and blasting inside the Matheran Eco-Sensitive Zone (MESZ). The petition urges the apex court to uphold the 'polluter pays' principle under the Environment Protection Act, 1986, and argues that monetary penalties imposed under the Maharashtra Land Revenue Code (MLRC) cannot replace mandatory environmental compensation, ecological restoration, or deterrent sanctions needed to prevent future violations. For nearly two decades, tribal residents of Chinchavli have lived under a cloud of dust, noise of explosives used to blast rocks as rampant quarrying scarred the hills, contaminated the air and water, and triggered multiple health complications. Earlier this year, on January 19, 2025, The Hindu had reported on the long-standing mining activity and its toll on the village, drawing attention to the human and ecological costs. On July 1, 2025, the Bombay High Court directed the Maharashtra government to recover ₹ 10,71,44,926 for excess excavation under a mining lease and ₹ 1,79,58,61,032 for illegal mining beyond the permissible area from a private quarry operator in Chinchavli village, located in the ecologically sensitive Ambernath region of Thane district. While dismissing the PIL on grounds of delay—the quarry lease was originally granted on August 25, 2009 — the court noted that penalty proceedings had already addressed the petitioner's core grievance. The bench, comprising Chief Justice Alok Aradhe and Justice Sandeep V. Marne, directed the authorities to recover the dues unless stayed by a competent court. The judgment also acknowledged satellite imagery and survey data showing mining beyond the permitted four hectares, with activity reportedly extending to 9.88 hectares. It directed the Konkan Divisional Commissioner, who heads the Matheran Eco-Sensitive Zone monitoring committee, to file an affidavit on further violations. 'The Collector shall take appropriate action for recovery of the royalty as well as penalty for excess excavation carried out by Respondent No.8. This would however be subject to any challenge raised by Respondent to the penalty orders. The PIL Petition is accordingly disposed of,' the Bench said. Mr. Pawar said, 'Though the High Court acknowledged these findings, it refused to adjudicate on pleas seeking cancellation of quarry lease, environmental remediation, compensation to villagers, and accountability of regulatory authorities, stating that the Collector's recovery action was sufficient. Due to lack of governance and monitoring by government agencies, environmental degradation and pollution violations remain unchecked and continue across much of Maharashtra. The government is also losing a significant source of revenue through unpaid royalties.' The petition contends that illegal mining in an eco-sensitive zone requires a distinct set of remedies under the Environment Protection Act, 1986, including: full ecological restoration of the mined landscape; assessment and recovery of environmental compensation; and a court-monitored investigation into regulatory complicity; and cancellation of the quarry lease and operating permits. Mr. Waraghada said, 'By declining to rule on these pleas, the High Court has precluded the possibility of future redress under the principle of constructive res judicata, thereby closing the door on any other forum examining the issue. This is the reason we are filing this petition in the Supreme Court.' 'This is not just a case of excess mining but a systemic failure of environmental governance,' the petition read, adding that the residents' fundamental rights to a safe and healthy environment have been violated. The MESZ, notified in 2003 by the Ministry of Environment and Forests, prohibits quarrying and industrial activities in the buffer zone surrounding the Matheran hill station to preserve its fragile ecosystem. Despite this, the quarry in Chinchavli has been operational since at least 2009, with repeated renewals of the mining lease, and approvals granted for mining plans and pollution control consents. Residents allege that multiple government bodies — including the Revenue Department, Maharashtra Pollution Control Board (MPCB), and Directorate of Geology and Mining — allowed these operations despite knowing that the site fell within the MESZ. In July 2024, the Ambernath Tehsildar issued a stop-work order against the quarry, citing public safety risks and environmental damage, based on ground reports and complaints from villagers. An Electronic Total Station (ETS) survey later confirmed large-scale illegal extraction beyond the lease boundaries. Residents, many of whom live within a few hundred metres of the quarry, said the daily blasting and stone crushing had caused structural cracks in homes; noise and dust pollution; disruption of water sources; risk of landslides due to hill-cutting and wildlife disturbance and loss of green cover. 'We've been raising complaints since 2015. But no one listened until the PIL,' said Mr. Waraghada, whose family lives in Chinchavli for three generations. 'Now the High Court says the case is over. But what about us? What about the land and forest that's gone?' he asked. The petitioners have requested the Supreme Court to: set aside the Bombay High Court's order; direct immediate environmental restoration of the affected area; mandate recovery of environmental compensation over and above mining dues; order a judicially monitored probe into approvals and oversight failures; and stay any further mining activity at the site during the pendency of proceedings. The petition also urged the Court to lay down binding directions to prevent mining activity in eco-sensitive zones across the country, citing the need for a systemic response.
Time of India
6 days ago
- General
- Time of India
1,855 trees cut without permission in Mohali: DFO to NGT
Mohali: The district forest officer (DFO) has informed the National Green Tribunal (NGT) that 1,855 trees were cut in Mohali area without mandatory permission. He informed that this happened outside the jurisdiction of the forest department and the land in question was not classified as forest land. In a written reply submitted to the NGT, DFO Kanwar Deep Singh clarified that the land where the felling occurred falls under a non-forest category, and thus, the forest department had no authority to regulate or prevent cutting of trees on it. "The forest department does not have jurisdiction over the said land since it is not a forest area," stated the DFO. The issue came to light in the wake of a petition filed by the Environment Protection Society, through its president, Harbhajan Singh Minhas and Save My Trees Foundation coordinator, Daljit Singh. The complaint raised serious environmental concerns over large-scale felling of trees in the district. According to the DFO's report, although the department was asked to assess the trees on non-forest land, permission for felling of trees was not granted. "It was clearly mentioned in our correspondence that the assessment does not constitute special permission or a No Objection Certificate (NoC). As per procedure, permission must be obtained from the competent authority of the respective department," the reply stated. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like This Could Be the Best Time to Trade Gold in 5 Years IC Markets Learn More Undo The forest officer assessed the reserve value of the felled trees and 21 poles at around Rs 69 lakh. He proposed that this amount may be imposed as environmental compensation under the Environmental Protection Act, 1986. However, he noted that enforcement of environmental compensation lies within the purview of the Punjab State Pollution Control Board or the department of environment, not the forest department. "As provisions related to environmental compensation fall under the Environment Protection Act, the agency concerned may be directed to take necessary steps," the DFO stated. In a strong recommendation for environmental restoration, the forest department has suggested planting 10 times the number of saplings in place of the cut trees. "To ensure environmental protection and prevent pollution, we advise that 18,550 tree saplings be planted. These can be procured from forest department nurseries," said the DFO. The matter now rests with the NGT and environmental authorities, with further directions awaited on compensatory measures and accountability of agencies involved in the unauthorised tree felling. MSID:: 123077325 413 | Get the latest lifestyle updates on Times of India, along with Friendship Day wishes , messages and quotes !
Time of India
02-08-2025
- Time of India
FIRs to curb illegal sand mining
1 2 Pune: State govt has directed district collectors and police commissioners to register FIR and initiate stringent criminal action against those involved in unauthorised excavation, transport and use of sand or any other minor minerals. The revenue and forest department issued a circular on July 17, empowering officials to prosecute offenders under multiple laws, including the Maharashtra Land Revenue Code, 1966, Bharatiya Nyaya Sanhita (BNS), 2023, Environment Protection Act, 1986, Mines and Minerals (Development and Regulation) Act, 1957, and the Prevention of Damage to Public Property Act. It warns that if any police or revenue officials are found negligent in filing or investigating illegal sand mining cases, disciplinary action would be taken against them by the respective district collector, police superintendent or commissioner of police. Revenue minister Chandrakant Bawankule had indicated during the monsoon session of assembly that such an order was in the pipeline to plug enforcement gaps and strengthen regulatory oversight. You Can Also Check: Pune AQI | Weather in Pune | Bank Holidays in Pune | Public Holidays in Pune The govt also invoked the Maharashtra Sand Smugglers and Anti-Social Activities (Prevention) Act, 1981, amended in 2016 to include "sand smugglers," allowing preventive detention of repeat offenders. Officials have been directed to act against habitual violators under this law and ensure coordinated investigation between revenue, police and other competent agencies to secure conviction. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Why Your Current Make-Up Routine Might Be Aging You Learn More Undo A senior official of the revenue department said merely imposing a fine on people illegally mining sand was no longer sufficient. "The circular was issued with the consent of the state's home department. It mandates filing FIRs to curb widespread smuggling and environmental damage caused by illegal sand mining. These activities also threaten the lives of officials and disturb the public order," the official said. The state revenue department officials said minor minerals were essential for development projects and small-scale industries, but large-scale unauthorised mining resulted in major revenue loss and damage to river ecosystems. There is usually a spike in illegal sand excavation and transport in monsoon, particularly in riverine areas. Minor minerals are regulated under the Maharashtra Minor Minerals (Development and Regulation) Rules, 2013. Licences are issued for legal mining and transport. Widespread violations prompted state govt's tougher stance. Get the latest lifestyle updates on Times of India, along with Friendship Day wishes , messages and quotes !
