Climate Change or Crisis?

With the onset of monsoon, the impact of the muck disposal intensified, heightening fears of landslides and other disasters. Our petition also argued that indiscriminate dumping along the slopes would result in excessive pollution in the river and eventually lead to the alteration of its course. It sought directions, among others, on following the principles of road design in the hill areas, and the submission of a time-bound muck disposal plan.

Refusing to interfere, the Bench on September 26, 2018, disposed the petitions and cleared the Char Dham project with requisite safeguards in view of the larger public interest and the country’s security in the construction of the highway. However, the Tribunal noted that the structural stability of muck-dumping sites was not satisfactory and there was possibility of some caving in during excessive landslides and other natural disasters. In addition, it ordered the constitution of a High-Powered Committee (HPC) as an oversight authority. The authorities were directed to devise a policy whereby diesel vehicles older than 10 years and petrol vehicles over 15 years old are prohibited state of Uttarakhand. The Lesser Himalayas have a history of frequent landslides because of their recent origin and are, therefore, unstable. Natural disasters in recent times have been both frequent and ominous. In 2003, a massive landslide damaged at least 100 buildings, while 3,000 people had to be evacuated in the wake of the calamity. Battering the region were other climatedriven catastrophes. Heavy rains in 2016 killed scores of people in Pithoragarh and changed the landscape. In such an ecologically sensitive area, the Centre decided to launch a Rs 12,000-crore project to improve road connectivity to the four revered Hindu pilgrimage sites in Uttarakhand. Prime Minister Narendra Modi launched the construction of the Char Dham Mahamarg on December 27, 2016, as a tribute to those who died in the 2013 Kedarnath disaster⁷ .

Concerned by the road-widening project of Char Dham Mahamarg at an enormous cost to the environment, Common Cause, filed an Original Application on July 3, 2018 at the National Green Tribunal (NGT), under Section 14, 15 and 18 of the NGT Act, 2010.

On September 17, 2018 our application was tagged with the case filed by environment nonprofit Citizens for Green Doon.

Common Cause was distressed by the widening project being done without conducting the mandatory Environmental Impact Assessment (EIA). The requirement of EIA was bypassed by dividing the 900 km road length into stretches measuring less than 100 km. This measure took refuge under the August 22, 2013 notification, which granted EIA exemption to national highways stretching for less than 100 km.

The Char Dham project has led to ply along the entire road length of the project.

Subsequently, the other copetitioners challenged the NGT’S order in the Supreme Court. The Apex Court ordered a change in the composition of the HPC, and recommended the addition of representatives from a wide range of ministries and research organisations. The previous HPC chairman, Justice U.C. Dhyani was replaced by noted environmentalist Prof. Ravi Chopra. The more broad-based HPC was tasked with conducting ‘rapid’ EIAs and submitting a report after reviewing the ecological concerns related to the project activities. It was also mandated with suggesting ways for complying with environmental norms.

In July 2020, owing to difference of opinion, the HPC members submitted two different reports to the Apex Court. The majority group recommended the carriageway width be of 7m. The HPC Chairman Chopra and four others, advocated for a 5.5m-wide carriageway, citing a circular issued by the Ministry of Road Transport and Highways in 2018. Chopra had also written a letter to the Secretary, Ministry of Environment, Forest and Climate Change, detailing the alleged compliance lapses.

However, the Supreme Court in its order of September 8, 2020 chose to follow the circular of 2018. In the latest hearing of the case on February 17, 2021, the Court has given time to allow Ministry of Defence to respond to allegations put forward by the HPC Chairman, linking the project to the recent disaster at Dhauliganga river. Chopra, had written a letter to the Supreme Court suggesting a link between the disaster and the Char Dham road widening project. Speaking on behalf of the Defence Ministry, Attorney General KK Venugopal said that there is no link, but he sought two weeks to file a reply and put his stand on record.

Earlier the Centre had also submitted before the Court that a road with a width of 7 to 7.5 m was necessary for the Army’s requirement. It would allow heavy trucks carrying troops, equipment and armaments to the Indo-China border which runs to 385 km in Uttarakhand.

Right to Clean Air, Adoption of Electric Vehicles

If you are a Delhi resident, you are no stranger to burning eyes, itching throat and even breathing difficulties when spending long stretches of time in outdoor settings. Not surprisingly, according to a report by IQAir, a Swiss group measuring air quality levels based on the concentration of PM2.5 (particulate matter with a diameter of less than 2.5 micrometres, which can enter the lungs and the bloodstream), New Delhi is the world’s most polluted Capital for the third straight year in 2020.8 This global environmental health threat is compounded in no small measure by exhaust fumes of vehicles. In this context, adopting electric vehicles (EVs) can go a long way in improving the overall air quality and lowering carbon emissions.

The central government’s initiatives for electric vehicle adoption have not had the desired impact. It launched the Faster Adoption and Manufacturing of Hybrid and Electric Vehicles (FAME) scheme for a two-year period in 2015, and extended it till September 2018. It focussed on technology development, demand creation, pilot projects and charging infrastructure. Under phase II of FAME, the government wished to extend financial support for three years, zeroing on the deployment of electric buses, along with other electric vehicles.

While NITI Aayog has been working towards the implementation of an electric and hybrid transportation future in India, other stakeholders including, Ministry of Road Transport and Highways, Ministry of Heavy Industries and Public Enterprises, Finance Ministry and Goods & Services Tax Council have also been roped in to make the overall process of implementation smoother. However, impactful results did not seem forthcoming. Therefore, Common Cause, jointly with Centre for Public Interest Litigation (CPIL) and Sitaram Jindal Foundation, filed a PIL, demanding the implementation of the FAME scheme and NITI Aayog’s recommendations. It also

and permanent disfigurement of natural landscapes are few of the fallouts of unregulated mining. The exercise has also been linked with serious negative impacts on human health by experts.

Illegal mining merely adds to the horrors of the existing damage. In the aftermath of public outcry over large-scale mining scandals in various parts of the country, the central government set up the Justice MB Shah Commission of Inquiry for illegal mining of iron ore and manganese in November 2010. The Commission’s first report on Odisha, two volumes of which were accessed by the media, documented the reckless plunder of the nation’s mineral wealth, flagrant violation of the laws relating to mining and environment protection besides the fundamental rights of the local populations. In order to force the hands of the Centre, Common Cause filed a public interest petition before the Supreme Court, seeking a detailed enquiry into illegal mining in Odisha and termination of the leases of the mining companies involved in the scam.

The Supreme Court gave its judgment on August 2, 2017.

Subsequently, the Court noted that the electric vehicle use issue was inextricably linked to other allied matters on air pollution pending before it, including the serious problem of vehicular pollution. This impacted not only the NCR region, but the entire country. The Court considered it appropriate that all such pending issues be considered simultaneously and with the assistance of an authority empowered to take decisions. It specifically sought assistance from the parties on issues such as procurement of electric vehicles, providing charging ports, feebate system (imposing fee on vehicles with high emissions and providing a subsidy on electric vehicles), use of hydrogen vehicles, among other issues.

Petition on Illegal Mining in Odisha

In the quest for rapid economic growth, mining has been deemed an arsenal by many prayed for the adoption of internationally recognised best practices for the integration of usage of electric vehicles.

The petition brought to the Court’s attention the government’s release of the National Electric Mobility Mission Plan, 2020 in 2012, in which several recommendations were made for the adoption of electric vehicles, switching of government fleets and public transportation to electric vehicles, provision of subsidies to consumers for purchase of electric vehicles as well as tax and policy incentives. It also recommended provisions for charging points in apartment buildings, parking lots, government offices, malls etc.

On March 5, 2019, taking note of the contentions of the petitioners, the Court ordered the government to apprise it of the status of implementation of the FAME-India scheme.

Following the filing of the petition, the operation of 26 illegal mines was stayed. The court in 2016 had directed the states to consider applications of miners filed before January 2015 or 12 months before the expiry of the lease. The court had held that mining leases will not lapse automatically unless the state governments hear the companies and pass orders to that effect.

The Supreme Court on August 2, 2017 imposed a hundred per cent penalty on mining companies indulging in illegal mining on account of lack of forest and environment clearances, mining outside lease/ permitted area and for mining in excess of what has been allowed. The bench headed by Justice Madan Lokur directed that an Expert Committee be constituted and presided over by a retired judge for identifying the lapses that have occurred over the years that have enabled rampant illegal and unlawful mining in Odisha and to recommend preventive measures not only to the state of Odisha but generally to all other states where mining activities are proceeding on a large scale. The Union of India was directed to have a fresh look at the National Mineral Policy, 2008 which is almost a decade old, particularly with regard to conservation and mineral development and that the exercise should be completed by 31st December, 2017.

Another important feature of the judgment was setting up of a Special Purpose Vehicle

(SPV) for Tribal Welfare. In its order of 2014, the court had directed the Central Empowered Committee (CEC) for setting up a SPV for tribal welfare and area development works. The SPV was to undertake specific tribal welfare and area development works including works/projects related to livelihood intervention, health, water supply and sanitation, education, special programmes for development of women and children through identified agencies/government departments. Common Cause has since been following up the progress of the SPV activities through the tools of RTI.

Civil Liability for Nuclear Damage

The Fukushima Daiichi nuclear plant disaster in Japan still sends shivers down the spine of environmentalists across the world. Managing nuclear waste, or large quantities of radioactive materials generated to produce nuclear power, is the biggest concern for the environment and human wellbeing. Governments need to be worried about these radioactive materials, generated right from uranium mining and enrichment, to reactor operation and the reprocessing of spent fuel. Accidents in these plants have the potential to wipe out entire populations or cause environmental pollution for even future generations.

In an industry characterised by humongous amounts of environmental, health and security risks, there is an urgent need for regulation. Civil Liability for Nuclear Damage Act (CLNDA), 2010, a bill seeking to fix liability for nuclear damage and to specify procedures for compensating victims was introduced in the Lok Sabha on May 7, 2010 by the Ministry of Science and Technology (MoS&T). It was referred to the Standing Committee on Science & Technology, Environment & Forests on May 13, 2010. It met with vigorous opposition from a wide spectrum of citizens’ groups on the grounds that it indemnified manufacturers/ suppliers of nuclear goods while at the same time fixing low liability caps for operators. Further, it made exceptions violating the right to life, the principles of polluter pays and absolute liability. Despite the criticism, it was notified in the official Gazette and came into force from November 11, 2011. Common Cause and other likeminded organisations filed a writ in the Supreme Court in 2011 to seek relief against the imminent public danger posed by the implementation of this legislation, as the new law seemed to have glossed over serious safety and long-term costbenefit issues of nuclear power plants. The judgement has since been reserved.

Safety Issues in Kudankulam Nuclear Plant

As a corollary to our PIL challenging the validity of the CLNDA, CPIL, Common Cause

ODISHA MINING CASE TIMELINE

and others filed a writ petition in 2012 to ensure that suppliers of the Kudankulam nuclear power plant in Tamil Nadu are bound by the `Polluter Pays’ and `Absolute Liability’ principles. We also prayed that in case of an accident, the victims should be able to sue the reactor suppliers for damages, even if the government and the plant operator choose not to sue. Our petition sought a further declaration that the suppliers are bound by the said Act, irrespective of any bilateral agreement to the contrary, and

challenged the rule framed by the government to scale down the liability of suppliers as ultra vires the Constitution and the parent Act.

The Court has reserved its judgment in the matter

Endnotes

1 Bhattacharya, Bibek (2021, February 20) On Thin Ice: How climate change is wrecking the Himalaya. Mint Lounge. Retrieved March 23, 2021, from https:// bit.ly/3rec29u

2 Nandini, Jayashree (2021, February 11) Over 85% of Uttarakhand districts, including Chamoli, hot spots of extreme floods: Analysis. Hindustan Times. Retrieved March 23, 2021, from https://bit.ly/3sclyva

3 Id.

4 Id.

5 Supra Note 1

6 Supra Note 1

7 Kukreti, Ishan (2019, January 03) Char Dham national highway has cost Uttarakhand its ecological balance. Down to Earth. Retrieved March 23, 2021, from https://bit.ly/397LjFA

8 Scroll Staff (2021, March 16) New Delhi most polluted Capital, 35 Indian cities among 50 with highest PM2.5 levels: Report. Scroll.in. Retrieved March 23, 2021, from https://bit.ly/316mYvt

 

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