Green panel slaps fresh conditions on Posco

Rajaram Satapathy, TNN | Apr 16, 2013
BHUBANESWAR: A high-level committee set up by the Union ministry of environment and forests (MoEF) to review the mega Posco steel project in the state has spelled fresh trouble for the much-hyped project.

The committee headed by K Roy Paul was constituted as per the March 30, 2012 order of the National Green Tribunal (NGT), which had suspended the environment clearance granted to the project.

The Paul committee had submitted its report to the MoEF in October. Though the report has not yet been made public, information obtained through the RTI about its findings reveals that the project proposal may have to undergo a complete change in the coming days, including layout, study of its impact on the environment, livelihood of people, water requirement and waste disposal management.

The committee said during its visit, state authorities like the IDCO had informed that land requirement for the project had been reduced to 2,700 acres 'leaving out most of the private lands of Gobindapur and Dhinkia villages and a portion of the forest land where betel vines are grown by the villagers'. "This meant that the layout plan of the project would have to be altered substantially," the report said.

The state government has created an impression that the size of the mega steel plant had been reduced from 12 mtpa to 8 mtpa. Posco authorities, however, have denied such speculation. "Our first phase target capacity is 8 mtpa out of the total 12 mtpa capacity, hence we need reduced area," said Y W Yoon, chairman of Posco-India to a visiting media team at Pune recently.

The Paul committee, however, went by the statements made before it and said: "The project proponent should state unambiguously whether the reduced project area would be adequate to accommodate all plans of future expansion of the steel plant."

While obtaining special CRZ (coastal regulation zone) clearance for road and other infrastructures, 'environment impact should be reassessed for the revised layout plan with at least one month current baseline data for all the components of environment and submitted to the MoEF', the report suggested. The committee objected to any move to draw underground water and took note of the state water resources department's advice to Posco to seek alternate sources of water. "Water availability is a critical issue," the report observed, analyzing the inputs submitted by different government agencies.

The area being prone to cyclone, flood and sea erosion, the report also took note of concerns expressed over construction of a sea protection wall and said the issue must be 'seriously investigated' through nationally reputed agencies. "A long term study may be carried out on the impacts due to erosion of creeks, banks, deepening of the creek and widening of the river mouth (Jatadhari river mouth where Posco wants to set up its captive port)," the report said. "On assessing the documents submitted to the committee, which include the comprehensive EIA (environment impact assessment) for 4 mtpa steel plant, there is still no clarity as regards the scenario relating to future expansion of 12 mtpa capacity, especially about the availability of land, water, minerals and infrastructure," the report observed.

The committee said eight years after signing an MoU to start the project, the government and Posco have not yet carried out many basic studies on issues like actual water availability, the project's impact on fisheries, which support more than 20,000 people in the area, plan for management of oil spills, impact of dredging of material for the private port, impact on marine ecology and wildlife, etc.

Source: http://timesofindia.indiatimes.com/city/bhubaneswar/Green-panel-slaps-fresh-conditions-on-Posco/articleshow/19569682.cms

National Green Tribunal refuses permission to brick kilns near Kaziranga National Park

PTI

While disposing of the pleas, the tribunal noted that
there was controversy whether the units are located
within the no-development zone or outside it as
claimed by the brick kilns in their application.

NEW DELHI: The National Green Tribunal (NGT) has refused permission to some brick kiln units from operating in the no-development zone near Kaziranga National Park in Assam, saying they do not have consent of authorities and are also one of the "most polluting industries".

While disposing of the pleas, the NGT bench headed by Justice A S Naidu, who recently retired from the tribunal, also noted that there was controversy regarding whether the units are located within the no-development zone (NDZ) or outside it as claimed by the brick kilns in their application.

"It appears that the consent order for setting up the brick kiln is not available. Therefore, it is not possible for us to appreciate the clauses/conditions imposed. That apart, there is controversy with regard to exact location of the brick kiln(s) i.e. as to whether the same is situated within the NDZ or outside.

"The applicant(s) cannot be permitted to function within the NDZ of Kaziranga National Park in the absence of consent," the bench said.

The brick kilns had moved the NGT seeking review of its February 15, 2012 order restraining grant of fresh approvals to industries or stone-crushing units and renewal of licences of existing ones operating in the NDZ near the park.

The February 15 order had come in a case filed by Assam- based activist Rohit Chaudhary, seeking directions to stop quarrying and stone-crushing units around Kaziranga.

In their appeal seeking permission to operate, the brick kiln owners had claimed they were situated beyond the NDZ and were set up after complying with all the formalities.

This contention was opposed by the ministry of environment and forests (MoEF) and Chaudhary's counsel.

Source: http://timesofindia.indiatimes.com/home/environment/flora-fauna/National-Green-Tribunal-refuses-permission-to-brick-kilns-near-Kaziranga-National-Park/articleshow/18322990.cms

Tribunal bans throwing of debris into Yamuna

J. VENKATESAN

Costs to be collected for removing debris

The Yamuna in Delhi:Debris lying on the river bank.
FILE Photo: Sushil Kumar Verma

With a view to cleaning the Yamuna, the National Green Tribunal on Thursday restrained any body, person or authority from throwing debris of any kind, including solid wastes, on the banks of the Yamuna or the water body near the grand old river.

A Full Bench of the Tribunal, comprising its Chairperson Justice Swatanter Kumar, judicial member Justice P. Jyotimani and expert members D.K. Agrawal, G.K. Pandey and A.R. Yousuf, passed this order after hearing counsel for various parties.

The Bench said: “Since it is an admitted position that even private parties are throwing debris on the river bank, on the basis of the principle of ‘polluter pays’ it will be in the interest of justice that these authorities are directed to recover amounts spent for removal of debris which are thrown by the private persons, from them.

It said “persons” will include a company, partnership, sole proprietorship and individuals. All these authorities should exercise their statutory powers and not only preventing all persons throwing debris on the river bank, but even require them to pay for the purposes of removal of debris which are thrown by them. This shall be in the discretion of the authorities and will be implemented upon compliance with the principle of natural justice.

Earlier, counsel appearing for various authorities submitted that huge debris were lying on the river bank as well as near water bodies adjacent to the Yamuna. They said: “The debris is so huge that it is bound to affect the course of the river and in any case shall lead to serious pollution of the Yamuna, particularly during the rainy seasons.”

The Tribunal said in its order: “It is matter of common knowledge and in fact is hardly disputed before us that debris is being thrown on the river bank and it is a serious threat to the change of course as well as water pollution of the Yamuna. In these circumstance, we are of the considered view that certain directions need to be issued forthwith in order to ensure that pollution of Yamuna is prevented and the debris from the site are removed. Another aspect that we may notice here is that even municipal solid wastes are being thrown on the river bank and its water course. This also requires immediate preventive and precautionary directions.

Thus, the Bench said we order and issue the following directions: “The State of Uttar Pradesh, DDA, Government of NCT Delhi and East Delhi Municipal Corporation shall forthwith start removing debris from the river bank of Yamuna and the water body. It is stated that the above Corporation has already issued a notification where various dumping sites have been identified. One such site is stated to be at Gazipur, which is exclusively meant for dumping of municipal solid wastes. Thus, for the present, these authorities shall ensure that municipal solid wastes are removed from the river bank and said water bodies and dumped at the above site. The construction and other materials shall be removed to other identified sites. In the event no sites have been identified by any authority, we hereby direct all the Corporations and the DDA, State of Uttar Pradesh and the NCT of Delhi to notify within two weeks from today the sites for dumping of debris. In the event of no site being available, as temporary measure all the above public Authorities/ Corporations and State of Uttar Pradesh shall start removing debris and bring them to the end of ‘highest flood level’ of river Yamuna. The stored debris shall be converted into a wall at that end point. In our considered opinion it would prevent unauthorised entry, flood and prevent pollution of the Yamuna. The lifting of debris shall start forthwith and all these authorities shall cooperate and work in tandem with each other to achieve the above object and ensure compliance of these directions. This Committee shall frame one time guidelines for ensuring the implementation of the above order.” The Bench posted the matter for further hearing on February 28.

Source: http://www.thehindu.com/todays-paper/tribunal-bans-throwing-of-debris-into-yamuna/article4367360.ece

National Highway To Doom

BAHAR DUTT

No, Mr PM. Our green laws are not impeding the country’s development

AT A recent Cabinet meeting, Prime Minister Manmohan Singh lamented that green laws are the new ‘Licence Raj’. This is not the first time the PM has expressed this view; in 2011, he emphasised at a public forum that “saving the environment could not be at the cost of development”.

In 2008, he laid the foundation stone for the 3,000 MW Dibang hydropower project in Arunachal Pradesh, even though it had yet to get the green clearance from the Ministry of Environment and Forests (MoEF). The clearance was in limbo because the public hearing had not been held as mandated under the Environment (Protection) Act (EPA).

The PM’s attitude towards green laws seems to propagate a myth that such laws are impeding development. For every three projects rejected by the MoEF’S statutory bodies, 97 are cleared. And those that are rejected can apply again. Also, more than 100 projects on 9,000 hectares of forestland have been cleared by the Forest Advisory Committee (FAC) in the past three months, which means we are losing forestland at the rate of 100 hectares per day.

Two coal mining projects were cleared in Odisha despite glaring violations found by the FAC. In the September meeting of the FAC, (Source: EIA Resource and Response Centre, New Delhi) more than 93 percent projects didn’t show any history of compensatory afforestation, yet they were considered. Worse, more than 90 percent projects were approved, even though the nodal forest officer, who has to give detailed comments on why the project should be given a go-ahead on prime forests, had either just signed or left the columns blank. Even areas rich in biodiversity are not spared, such as the Gola corridor, which is crucial for elephants and tigers in Uttarakhand.

The NHAI recently threatened to sue the MoEF over delays in green clearances. Here again, one needs to look at the ministry data. If you look at three highway projects that came up for discussion with the FAC, two were cleared and one sent back for additional information.

Take the example of Yamunotri-Saharanpur Highway. More than 1 lakh trees are facing the axe, and the application makes no mention of the damage to wildlife or biodiversity, yet it was cleared. Worse still, the project is based in UP, but a certificate from the collector of Mahasamand (a district in Chhattisgarh) was provided! Environment Minister Jayanthi Natarajan has made it amply clear that clearances are being held up because of incomplete application forms or false information. But these statistics seem to escape the prime minister’s eye.

In his 2011 Independence Day speech, the PM took credit for setting up the National Green Tribunal, but it faces many hurdles. Two years later, the regional benches are yet to be set up; there is no proper courtroom; many members have quit due to lack of accommodation; and a chairperson was appointed only after the SC forced the Centre’s hand.

Green laws are not ‘Licence Raj’, Mr PM. They were introduced by your government, the Constitution and Parliament. The development brigade may show you the example of China. China’s breakneck speed of development has overshadowed the environmental disasters facing the country. Sixteen of the 20 most polluted cities in the world are in China. More than 70 percent of China’s rivers, lakes and streams are heavily polluted. Every year, 6,000 square miles of grasslands and forests are lost to desertification and over 300 species are endangered or threatened. Is this the development model we want?

Of course, we want to develop. But not at the cost of our right to fresh air and clean water or our wildlife. That’s what the EPA and the Forest Conservation Act ensure. They protect our rights to have access to clean air; they ensure the industries you give the licence to operate do so with some system of checks and balances. You would do well by supporting your environment minister, who has a tough job of balancing the environment and development needs, while ensuring these checks are in place. And the industry could do well by respecting the law of the land instead of being a constant crybaby.

Bahar Dutt is Environment Editor, CNN-IBN
letters@tehelka.com

Source: http://tehelka.com/national-highway-to-doom/

NGT asks Centre to fix noise norms for public vehicles

Vehicles with multi-tone horns and sirens are found to be violating noise pollution rules
Premal Balan / Ahmedabad

The National Green Tribunal ( NGT) has directed the Union government to notify standards for sirens and multi-tone horns used by vehicles including those of Government, police or ambulance  within three months.

The directions were issued by principal bench of Justice A S Naidu and G K Pandey who felt an urgent need to have source specific noise standards, as there were no standards specified by the Union government with regard to use of horns and sirens in ambulances, government and police vehicles.
 
The bench was hearing an application filed by a senior citizen Dileep B Nevatia residing on the Worli Sea Face road in Mumbai. Nevatia had alleged there was gross violation of the Noise Pollution (Regulation & Control) Rules 2000 under the Environment (Protection) Act, 1986 by vehicles using multi-tone horns and sirens.

He had claimed that the vehicles fitted with multi-tone horns were emitting sounds in far excess of the levels prescribed and were causing noise pollution.

The applicant had demanded specifying standards for sirens and multi-tone horns wanted ban on vehicles that violate those stipulated standards.

"The controversy before us is pertaining to vehicular noise caused by unrestricted use of sirens and multi-tone horns having un-specified standards, being fitted in the ambulances, Government and police vehicles," the bench observed in its order of last week.

"Needless to say that there is urgent requirement to evolve source specific (noise) standards for sirens and multi-tone vehicles, constant use of sirens and multi-tone horns much above noise standard, causes immense hardship to common people and also poses serious affects on human health," it further observed.

So far no source specific standards have been evolved or specified for sirens and multi-tone horns by the Union Government.

"In order to control ambient noise pollution, it is essential to control emanating noise at the source itself for which source specific standards are required to be formulated. Source specific standards have already been evolved by the MoEF and CPCB for the D.G. Sets, Industries, etc. However, so far no source specific standards have been evolved or specified for sirens and multi-tone horns by the Union Government," the bench observed.

Hence it issued direction for Ministry of Road Transport & Highways, "to notify the standards for sirens and multi-tone horns used by different vehicles either under Government duty or otherwise within a period of 3 months."

Based on which, the Maharashtra government will have to issue specific notifications. The NGT also directed Maharashtra police to ensure that no private vehicle be allowed to use sirens or multi-tone horns in residential and silent zones and in the vicinity of educational institutions, hospitals and other sensitive areas and also during night except emergencies and under exceptional circumstances.

Source: http://www.business-standard.com/india/news/ngt-asks-centre-to-fix-noise-norms-for-public-vehicles/202774/on