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Deposit Rs 100 crore by Friday or face arrests, NGT to Volkswagen
Climate Change

Deposit Rs 100 crore by Friday or face arrests, NGT to Volkswagen

by Editor's Desk
written by Editor's Desk

The TrickyScribe: National Green Tribunal on Thursday directed German car manufacturer Volkswagen to deposit Rs 100 crore by 5 pm Friday in connection with an emissions case or face punitive action. The tribunal also warned Volkswagen that its India head may be arrested and all its properties seized in case it fails to pay.

The tribunal in November last had told Volkswagen to deposit Rs 100 crore with the Central Pollution Control Board within a month for having allegedly flouted environmental norms by using a cheat device that lowered vehicle emissions only during tests. “Why have you not complied with our order when there is no stay,” a bench of National Green Tribunal Chairperson Justice Adarsh Kumar Goel and Justice SP Wangdi said. “We will not give you any further time.”

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Earlier this week, a four-member committee, set up by the National Green Tribunal in November, penalized Volkswagen Rs  171.34 crore for contributing to air pollution in Delhi through excess nitrogen oxide emissions. The committee, in its report, said Volkswagen cars released an estimated 48.678 tonnes of nitrogen oxide in 2016 in the city. Nitrogen oxide is a pollutant that is known to cause heart and lung diseases.

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“Estimated cost of heath damage due to additional NOx [nitrogen oxide] emissions from the Volkswagen group vehicles is approximately Rs 171.34 crore using a metro city i.e. Delhi as a base,” the report had said. “Further, the valuation is for Delhi city considering that the value of NOx is 435 tonnes is released in the city.”

The green panel calculated the amount of penalty on the basis of the 3.27 lakh Volkswagen cars in India that had the cheat device. The panel told the tribunal that automobiles are a major source of nitrogen oxide emissions and nitrogen dioxide is the most prevalent source form of nitrogen oxide. Prolonged exposure to elevated levels of nitrogen dioxide may cause asthma and respiratory infections.

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Standard environment clearing conditions for 25 sectors including iron, steel, cement, coal, petroleum refineries industry, paper and pulp industries, hydro-electric projects and industrial estates have now been imposed
Business & Commerce

Standard EC conditions for 25 sectors

by Editor's Desk
written by Editor's Desk

The TrickyScribe: Twenty five sectors seeking environment clearance (EC) for expansion of existing projects or new projects have standard conditions imposed by Indian government now. The government-constituted green panel called Expert Appraisal Committee (EAC) assesses the projects and makes recommendations, based on which the Environment Ministry grants the final EC.

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“In order to bring uniformity on stipulated terms and conditions across the projects and sectors and as a general guide to the EAC as well as project proponents, the ministry has prepared standard conditions for 25 sectors,” the Environment Ministry, in a statement, said. The 25 sectors include iron, steel, cement, coal, petroleum refineries industry, paper and pulp industries, hydro-electric projects, industrial estates, amongst others.

The standard EC conditions will have to be considered by the EAC at the time of appraisal of the proposals. The EAC after due diligence can modify, delete and add conditions based on the project-specific requirements, the statement said.

NGT fines sewage plant for damage to environment

National Green Tribunal has imposed an interim fine of Rs 2.5 lakh on the project proponent of Bandhwari sewage treatment plant in the district for damaging the environment. A Bench headed by NGT Chairperson Adarsh Kumar Goel noted that there was no substantial compliance by the project proponent in managing waste and ruled that mere a promise for future compliance was not enough.

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“Ecogreen Energy Gurgaon Faridabad Pvt Ltd is directed to pay an interim compensation of ₹ 2.5 lakh for damage to the environment under Section 15(2) of the National Green Tribunal Act, 2010. The amount may be deposited with the State Pollution Control Board (SPCB). The above amount may have to be increased if any violation continues. We direct the Central Pollution Control Board (CPCB) and the SPCB to conduct an inspection within four weeks,” said the Bench. The tribunal posted the matter for consideration of the compliance affidavit and report of the CPCB and the SPCB on February 6.

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Deposit Rs 100 crore by Friday or face arrests, NGT to Volkswagen
Geopolitics

Half the cases frivolous, not related to environment

by Editor's Desk
written by Editor's Desk

The TrickyScribe: National Green Tribunal (NGT) on Tuesday observed that 50 percent of the cases being filed at the green panel were “cases of blackmailers” and “not related to the environment.” The observations came while the green panel was hearing a plea that sought a stay on the construction of a 70-story building in Mathura by ISKCON.

Asserting that the tribunal will only deal with cases related to the environment, a bench headed by NGT chairman Adarsh Kumar Goel said, “Nowadays, 50% of cases are of blackmailers…Earlier we used to issue notices…but now we are not issuing notices and disposing of the cases.”

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The bench noted that ISKCON had all requisite permissions and asked the petitioner to approach authorities for its grievances. The petitioner had alleged that the building, that is touted to be the tallest religious monument in the world, will adversely affect the environment as it is in the vicinity of the Yamuna.

It may be mentioned here that NGT was established in October, 2010, under National Green Tribunal Act 2010 for effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources including enforcement of any legal right relating to environment and giving relief and compensation for damages to persons and property and for matters connected therewith or incidental thereto.

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The NGT is a specialized body equipped with the necessary expertise to handle environmental disputes involving multi-disciplinary issues. The Tribunal shall not be bound by the procedure laid down under the Code of Civil Procedure, 1908, but shall be guided by principles of natural justice.

The NGT‘s dedicated jurisdiction in environmental matters shall provide speedy environmental justice and help reduce the burden of litigation in the higher courts. The Tribunal is mandated to make an endeavour for disposal of applications or appeals finally within 6 months of filing of the same. Initially, the NGT is proposed to be set up at five places of sittings and will follow circuit procedure for making itself more accessible. New Delhi is the Principal Place of Sitting of the Tribunal and Bhopal, Pune, Kolkata and Chennai shall be the other four place of sitting of the Tribunal.

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Expressing views coherent to that of the NGT bench, advocate Pratyush Prasanna recollected a 2013 case wherein there was a dispute between the builder and the buyers regarding a Gurugram-based project and told The TrickyScribe that the actual dispute was over the refund of amount and rate of interest that was to be paid by the builder but the buyers took the case to the tribunal. Advocate Prasanna said there are people who take random cases to the Tribunal thereby wasting the bench’s time. Interestingly, the said case was later compromised between the parties and the complainants withdrew the matter.

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