Lok Sabha Question No. 3383 (UNSTARRED), answered on 2022-08-05
Subject: Special Environment Courts
Ministry: LAW AND JUSTICE
Asked by: Manne Srinivas Reddy

## GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE DEPARTMENT OF JUSTICE

## LOK SABHA UNSTARRED QUESTION NO. 3383

## TO BE ANSWERED ON FRIDAY, THE 05 TH  AUGUST, 2022

## SPECIAL ENVIRONMENT COURTS

## 3383. SHRI MANNE SRINIVAS REDDY:

## Will the Minister of LAW AND JUSTICE be pleased to state:

- (a) whether any demands/recommendations rests with certain High Court regarding establishment of Special Environmental Courts for ensuring speedy trial of the cases involving violation of environmental laws and if so, the details thereof; and
- (b)  whether  serious  concern  has  been  raised  by  certain  courts  over  the  degrading environment, despite presence of rules and laws, the ground situation is not improving in  some  States,  if  so,  the  details  thereof  and  the  reasons  therefor  along  with  the corrective steps suggested to be taken by the concerned stakeholders?

## ANSWER MINISTER OF LAW AND JUSTICE (SHRI KIREN RIJIJU)

- (a): The  High  Court  of  Punjab  and  Haryana  has  informed  that  the  Government  of Haryana  notified  two  Special  Environment  Courts  at  Faridabad  and  Kurukshetra  on 24.11.2015. They have also informed that as regards Chandigarh, all the cases pertaining

to  Environmental  matters  transferred  to  one  court  of  Judicial  Magistrate  First  Class, Chandigarh.

The High Courts of Allahabad,  Rajasthan and Karnataka have informed that  they have received request for implementation of recommendation given in the 'Advisory to Prevent  Minimize  and  Mitigate  Impacts  of  Environment  Pollution  and  Degradation  on Human Rights' from National Human Rights Commission.

The  High  Courts  of Jammu  and  Kashmir,  Bombay,  Chhattisgarh,  Calcutta, Himachal  Pradesh,  Manipur,  Madras,  Madhya  Pradesh,  Patna  and  Uttarakhand  have informed  that  no  demands/recommendations  vest  with  these  High  Courts  regarding establishment  of  Special  Environmental  Courts  for  ensuring  speedy  trial  of  the  cases involving violation of environmental laws.

(b): The  Ministry  of  Environment,  Forest  and  Climate  Change  has  informed  that  the Hon'bleSupremeCourtvideitsorderdated15.11.2021inWP(C)1135/2020titledas

AdityaDube&AnrsandUOI&otherdirected  fortakingeffectivestepstocontrol  air  pollution  in NCR especially due to construction  activities,  industries,  transport,  thermal  power  plant etc. and also for considering 'Work from Home' by Central GovernmentandStateGovernments/GNCTDfortheirofficesinNCRandreviewing the status of action taken through periodical hearing of thematter.In compliance of the order dated 13.01.2020 of the Hon'ble Supreme Court in Writ Petition (Civil) 13029/1985 M.C. Mehta vs  Union  of  India  &Ors.,  two  experimental  pilot  projects  of  smog  towers,  one  at AnandVihar and another at Connaught Place have beencommissionedbyCentralGovernmenton31stAugust,2021andbyDelhi Government  on 1st October, 2021respectively.

The following measures taken by the Government for Air Quality Management :-

## Vehicular Emission

- Leapfrogging from BS-IV to BS-VI fuel standards since 1st April, 2018 in NCT
- of Delhi and from 1st April, 2020 for the rest of thecountry.
- Introduction of BS VI compliant vehicles across the country since April,2020.
- Development  of  Expressways  and  Highways  to  reduce  fuel  consumption  and pollution.
- Eastern  Peripheral  Expressway  &  Western  Peripheral  Expressway  have  been operationalized to divert non destined traffic fromDelhi.
- Environment  Protection  Charges  (EPC)  have  been  imposed  on  diesel  vehicles with engine capacity of 2000cc and above in Delhi NCR.
- Introduction of cleaner/alternate fuels like CNG, LPG, ethanol blending inpetrol.
- Promotion of public transport and improvements in roads and building of more bridges to ease congestion onroads.
- Networkofmetrorailsforpublictransportareenhancedandmorecitiesarecovered.
- Ban on 10-year-old diesel vehicles and 15-year-old vehicles in Delhi NCR.
- Faster Adoption and Manufacturing of Electric Vehicles (FAME) -2 schemes has been rolledout.
- Permit requirement for electric vehicles has beenexempted.
- Promotion of public transport and improvements in roads and building of more bridges to ease congestion onroads.

## IndustrialEmission

- BanonuseofpetcokeandfurnaceoilinNCR,useofpetcokeinprocessesincement plants, lime kilnsandcalcium carbide manufacturing units.
- StringentemissionnormsforCoalbasedThermalPowerPlants(TPPs).
- ShiftingofindustrialunitstoPNG/cleanerfuelinDelhi
- Installationofonlinecontinuousemissionmonitoringdevicesinhighlypolluting industries.
- ShiftingofbrickkilnsinDelhi-NCRtozigzagtechnologyforreductionofpollution

## AirPollutionduetoDustandBurningofWaste

- Notificationsof6wastemanagementrulescoveringsolidwaste,plasticwaste,ewaste, bio-medical waste,C&Dwasteand hazardous waste.
- Settingupinfrastructuresuchaswasteprocessingplants.
- ExtendedProducerResponsibility(EPR)forplasticande-wastemanagement.
- Banonburningofbiomass/garbage.

## MonitoringofAmbientAirQuality

- Expansionofairqualitymonitoringnetworkofmanualaswellascontinuous monitoringstationsunderprogrammessuchas NationalAirMonitoringProgramme
- Initiation of pilot projects toassessalternate ambient monitoringtechnologies such as low-cost sensors and satellite-basedmonitoring.

## MonitoringtheImplementationofNCAP

- Government  has  launched  NCAP  as  a  national  level  as  a  national-level  strategy outliningtheactionsforreducing thelevelsofairpollutionatcityandregional scales inIndia.Cityspecificairactionplanshavebeenrolledoutforimplementationin132  NACs and MPCs
- Rs. 472.06 crore have been sanctioned to 82 non-attainment cities under NCAP to provide  support  for  critical  gap  funding.  The  funds  are  disbursed  based  upon  the performance ofthecities asper theNCAPoperational guidelines.
- Further,15thFinanceCommission (XV-FC)hasprovidedaspecialgrantofRs4,400 croreto42millionpluscities/urbanagglomerationswhichcovers50Non-Attainment Cities for FY 2020-21.
- TheperformancebasedincentivegrantofRs.12.139croreforFY2020-21to2025-26  have been  allocated  for  improvement  in  air  quality  of  42  million  plus  cities/urban agglomerationsunder Million-Plus CitiesChallenge Fund (MPCCF). MoEF&CC is the  nodal  agency  for  monitoring  ambient  air  quality  and  recommending  DoE  for disbursinggrantsto42Million-pluscities.
- ForFY2021-22for42MPCs,Rs2025CrhavebeenreleasedbyDoEto42 cities/UAs on the
- basis of their performance assessmentmade by MoEF&CC.
- City specific action plans are regularly monitored by committees at Central; Apex, Steering,Monitoringandimplementation committee;atState;Steering, implementation committee and at City level Implementation and MonitoringCommittee.
- Implementation ofAirQualityEarlyWarningSystemforDelhi,Kanpurand Lucknow. The system provides alerts for taking timely actions.
- Public  Complaints regarding air pollution  issues in  Delhi  NCR  are  taken through 'Sameer App', 'Emails' (Aircomplaints.cpcb@gov.in) and 'Social Media Networks' (Facebook and Twitter).
- PRANAaportalformonitoringimplementationof NCAPhasbeenlaunched.

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