NGT takes suo-motu cognizance based on study highlighting presence of cancercausing chemicals in cars
NGT has registered a suo-motu original application in response to a news article titled 'People Are Breathing In CancerCausing Chemicals in their cars study find' 1 appearing in NDTV.com dated May 8, 2024. This article pertains to a research study published in the Environmental Science and Technology journal. The study stated that the researchers analysed 101 (one hundred and one) electric, gas and hybrid cars with model year between 2015 and 2022 and found that the cabin air in 99% of these cars contained a flame retardant called Tris (1-chloro-2-propyl) phosphate ("TCIPP"). The news article stated that TCIPP is being investigated by the United States National Toxicology Program as a potential carcinogen. The research further showed that most cars have 2 (two) more flame retardants namely, tris (1,3-dichloro-2-propyl) phosphate ("TDCIPP") and tris(2-chloroethyl) phosphate ("TCEP") which are also considered carcinogenic. The news item alleged that the source of these compounds is seat foam which is added with chemicals to meet an 'outdated' flammability standard with no proven fire safety benefit. Upon observing that the issue indicated violation of the Air (Prevention and Control of Pollution) Act, 1981 ("Air Act") and the Environment (Protection) Act, 1986 ("EPA"), the NGT impleaded the Central Pollution Control Board ("CPCB"), Ministry of Environment, Forest and Climate Change ("MoEFCC"), Indian Council of Medical Research and Ministry of Heavy Industries to file their responses on the issue.
NGT directs state authorities to look into allegations of extensive pollution in Kanjia and Kaikani lakes
The NGT in the matter of Smt. Haripriya Patel vs. State of Odisha and Ors.2 has registered a letter petition alleging pollution of Kanjia and Kaikani lakes located between Nandankanan Zoological Park and Nandankanan Botanical Garden. The letter stated that Kanjia lake is the principal source of water and spread over 66 (sixty-six) hectares. It has been declared as 'Wetland of National Importance' in 2006. The floral diversity of the site consists of 10 (ten) species of submerged macrophytes, 14 (fourteen) species of floating macrophytes and 25 (twenty-five) species of emerged macrophytes. The letter alleged that the purchase of land around the periphery of Nandankanan Wildlife Sanctuary for urbanisation and construction of buildings is causing gradual shrinking and depletion of forest land. Upon consideration of the allegations made in the letter, the NGT directed the Odisha SPCB and Divisional Forest Officer to undertake site inspection and submit an inspection report.
NGT to consider plea against large scale felling of trees in urban areas of Gurugram
The NGT in the case of Vaishali Rana and Ors. vs. State of Haryana and Ors.3 is considering an application alleging illegal felling of trees in urban areas of Gurugram. The application alleged that even the permissions granted for felling of trees were arbitrary. It stated that some of the Tehsils in district Gurugram were not covered under any regulation for preventing indiscriminate felling of trees. The applicants highlighted that the imposition of a meagre fine of INR 500 (Indian Rupees five hundred) did not consider the ecological value of the trees felled and the compensatory plantation to be undertaken was not ensured. The applicants raised the contention that there is no central legislation or regulation for prevention of tree felling in urban areas and such laws have been enacted only in certain states such as Karnataka, Delhi and Goa. The applicants relied on the information obtained through right to information, to claim that there was no record of the number of trees cut from the year 2017 to 2021 and 5,494 (five thousand four hundred and ninety-four) trees had been cut between 2021 and 2022. NGT has directed the state respondents to file their responses to the allegations made in the original application ("OA").
NGT disposes of complaints alleging illegal cutting and pruning of trees by office bearers of Delhi Development Authority ("DDA") Market Association, directs the Tree Officer cum Deputy Conservator of Forest to consider the allegations
The NGT in the case of Jabar Singh vs. DDA4 has disposed of an application alleging inaction by the Municipal Corporation Delhi, DDA and Commissioner of Police against alleged cutting and pruning of trees and destruction of green cover and natural space in DDA market area. NGT while considering the application observed that under the Delhi Preservation of Trees Act, 1994 ("DPT Act"), and the notifications issued thereunder, the Tree Officer cum Deputy Conservator of Forest (North) is empowered and required to enquire into complaints made through the application and pass appropriate orders under the DPT Act. NGT disposed of the application and directed the Tree Officer cum Deputy Conservator of Forest (North) to treat the application as a complaint filed under the DPT Act for inquiry of the allegations and taking appropriate action.
NGT disposes of letter petition challenging e-tender process for sand mining in Ayodhya
The NGT in the case of Makarandhuj vs. State of U.P.5 has disposed of an application raising grievance against the etender process initiated by Executive Engineer, 3rd Division, Ayodhya for sand mining. The NGT had registered the application based on a letter submitted by the applicant. The NGT observed that the allegations raised in the letter petition were not related to violation of environmental laws and the petitioner was instead challenging the tender process undertaken in pursuance of rules enacted under the Mines and Minerals (Development and Regulation) Act, 1957. Therefore, it dismissed the OA on the ground that no cause of action has arisen under the National Green Tribunal Act, 2010.
NGT calls for report on allegations against indiscriminate cutting of trees on DelhiSaharanpur-Dehradun Expressway
The NGT in Pt. Girdhari Lal vs. Govt. of NCT of Delhi6 has registered an application on the basis of a letter petition alleging large scale illegal cutting of trees on Delhi-Saharanpur-Dehradun Expressway. The NGT observed that the letter ex-facie raises substantial question relating to environment and constituted a Joint Committee comprising of representative of Secretary, Department of Environment and Forest, U.P., Principal Chief Conservator of Forest, U.P., Regional Officer, MoEFCC, Lucknow and Uttar Pradesh SPCB to submit a factual report.
NGT refuses to entertain letter petition filed by letter petitioner represented by Counsel
The NGT recently disposed of an application in the case of Captain (Retd.) C Krishnanan vs. State of Tamil Nadu7, which was registered based on a letter petition on the ground that the complainant was represented by a counsel. It observed that the complainant had the resources to approach the NGT by filing an application as per the rules and procedures prescribed under the NGT (Practice and Procedure) Rules, 2011. NGT noted that the complainant claimed to be a Captain and was represented through a counsel and therefore had the resources to approach the NGT in the proper way.
Footnotes
1. OA No. 717 of 2024 (PB); Order dated July 2, 2024
2. OA No. 109 of 2024 (EZ); Order dated July 4, 2024
3. OA No. 680 of 2024 (PB); Order dated July 4, 2024
4. OA No. 366 of 2024 (PB); Order dated July 19, 2024
5. OA No. 682 of 2024 (PB); Order dated July 19, 2024
6. OA No. 686 of 2024 (PB); Order dated July 22, 2024
7. OA No. 688 of 2024 (PB); Order dated July 22, 2024
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