Tribunals and CommissionsFull Bench(2023) 07 NGT CK 0030

Md. HayathUdin vs Union of India & Ors

National Green Tribunal · Decided on 20 July 2023

HON’BLE JUDGES
Sheo Kumar Singh, CP · Arun Kumar Tyagi, JM · Dr. A. Senthil Vel, EM
RESULT
Disposed Of
CASE NUMBER
M.A. No. 53 Of 2023 In Appeal No. 20 Of 2018

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Judgment

289 paragraphs · 866 words
1.

In compliance of the order passed by this Tribunal in Appeal No. 20/2018 compliance report has been submitted by the authorities concerned.

2.

In the conclusive of the report it has been summarized that a total amount of Rs. 447 Cr damage has been assessed for remedial restoration, natural and community resources augmentation plan.

3.

The details of environmental component and activity description has been provided as follows:

“Remediation/restoration Plan:

S.No.

Environment Component -

Activity Description

Total Budgetary Provision in Rs. In

Crores

Is' Year

2" Year

3rd Year

Total

1

Land Environment

i)

ii) iii) iv)

v)

Assitance to farmers — seedings, manure etc. RCC sheds for storage of products

Encouring Agri & Horticulture activities Providing agri tools assistance Assistance for Cooperative Irrigation Facility

20.00

20.00

20.00

60.00

2

Air Environment

i)

ii) iii)

iv)

v)

vi)

Community plantation wind barriers with  20% fruit bearing trees. Avenue plantation

Hi) Air purifiers for community halls, schools, centres etc.

Battery operated road sweeping machine for major panchayats Providing E Rickshaws for Hospitals

20.00

25.00

30.00

75.00

3

Water Environment

i)

ii)

iii) iv)

v)

vi) vii)

D/W purifiers (RO Systems) common use Toilets (common) in public

/ schools

Solar powered Boreweels Rain water hearvesting ponds

Sedimentation Tanks Renovation & Ponds / Desilting

Drip irrigation system

15.00

10.00

10.00

35.00

4.

Noise Environment

i)   Health camp for Audimetry Tests

ii)   Distribution of Air aids

iii)   Plantation between projects & habitation

1.50

2.00

1.50

5.00

5.

Biological Environment

i)     Development of fruit orchards/ plantation / grazing lands/ parks

ii)     Fauna conservation

iii)    Conservation of Aqualife fauna in the river/ ponds

10.00

5.00

5.00

20.00

Total

66.5

62.00

66.50

195

Natural resources Augmentation Plan:

S.No.

Proposed Activities

Total Budgetary Provision in Rs. In

Is' Year

2" Year

3rd Year

Total

1.

Provision waste converters/Solid Waste management facilities- centralized

10.00

10.00

15.00

35.00

2.

·     Renovation of community walls

·     Drainage System development for

the villages

12.00

12.00

13.00

37.00

3.

·     Provision of solar lamp, street lights, pumps etc.

·     Assistance to farmers, training for soil classification and

important agri practices

15.00

20.00

22.00

55.00

Total

37.00

42.00

48.00

127.00

Community Resources Augmentation Plan:

S.No.

Proposed Activities

Total Budgetary Provision in Rs. In

1st Year

2nd   Year

3rd   Year

Total

1.

·     Infra Development – Black topping of roads, community centres renovation,

bus shelters etc.

10.00

10.00

10.00

30.00

2.

·     Skill development, Training, Assisting/funding, Self Help groups

·     Sports & Recreation – Clubs/Playgrounds

10.00

10.00

7.00

27.00

3.

·     Upgradation of Educational facilities/schools 1)school 2) colleges

Computers Toilets,  Auditoriums,

Sanitization etc.

·     Scholarships, infra development in colleges, public buildings

15.00

11.00

12.00

33.00

4.

·     Public health facility- Upradation -PHC

·     Renovation of Hospitals, furnitures, Solar lighting, equipments

20.00

25.00

10.00

55.00

Total

50.00

56.00

39.00

145.00

Our Observations and Recommendations:

1) The Restoration, Natural and Community Reources augmentation plan of Rs.447.00 Cr shall be implemented within a period of three years as per the above tables.

2) EMP and Action Plan: The total budget of Rs.3240.97 Cr excluding Rehabilitation and Resettlement plan, shall be spent for the relevant activity as envisaged in the EMP within a period of 3/5 years as per the following table:

EMP COST AND ACTION PLAN

S.No.

EMP

Activity

Proposed Amount as per EIA (Rs.Cr)

Phasing in  Years I

Phasing in  Years II

Phasing in  Years III

Phasing in  Years IV

Phasing in  Years V

Remarks

1.

Catchment Area Treatment plan for High/Very High Priority

319.63

65

65

65

65

59.63

-

2.

Command area Development plan

1326.86

442

442

442.96

-

-

-

3.

Compensatory Afforestation Plan

722.3

242.3

240

240

-

-

-

4.

Biodiversity And wildlife Conservation & Management

3.86 per year x 5 yrs

3.86

3.86

3.86

3.86

3.86

-

19.3

5.

*Resettlement

& Rehabilitation

7057

1400

1400

1400

1400

1457

To Be Competed expeditiously

at actuals

6.

Green Belt Development

36.49

18.49

18

-

-

-

-

7.

Fisheries conservation and Management

Plan

485

125

90

90

90

90

-

8.

Reservoir Rim Treatment plan

236.75

79

79

78.75

-

-

-

9.

** Muck Management & Restoration of

Quarry site

55.95

20

18

17.95

-

-

-

10

Public Health Delivery plan

10.35

10.35

-

-

-

-

-

11

Local Area Development

Plan

28.24

18.24

10

-

-

-

-

Total

3240.97

1024.24

965.86

938.52

158.86

153.49

-

* At actuals than Proposed to be Considered and hence the budgeted amount is not considered.

NB: Catchment Area Medium/Low/V.Low-11593.86 Cr to be spent in 10 years

**Muck management and restoration of Quarry sites:

The environmental control and restoration measures required to be implemented on priority for the exposed dumps to the tune about 300 min cum spread over in the project sites and all along the canals against Wind Erosion, Wash off’ sand silting of water bodies, canals, etc.”

4.

The Committee had further sought time of three months for completion of socio-economic study for preparation of EIA. Further report be submitted after three months.

5.

The clearances which has not been taken, shall be taken according to rules. Work shall be started only after obtaining valid environmental clearance.

6.

The M.A. No. 53/2023 stands disposed of.