Environmental Law Weekly Round-Up [01 July- 07 July, 2023]

A weekly round-up of development in environmental law jurisprudence.

Nominal Index

1. Arvind Kumar Agarwal & Ors v.The Chief Secretary To Govt Of Tamil Nadu & Ors.
2. Gaurav Sharma v. Govt. of NCT of Delhi & Ors.
3. Sudhir Gupta v. DDA & Anr. [2023 LiveLaw (Del) 545]
4. Neema Waldia v. State of Uttarakhand & others
5. Other Updates

Supreme Court

1.“Compensation Awarded For Damage To Environment”: Supreme Court Directs Purvankara Limited To Deposit 5.5 Crores To Tamil Nadu PCB

Arvind Kumar Agarwal & Ors v.The Chief Secretary To Govt Of Tamil Nadu & Ors.

The Supreme Court bench comprising Justice Sanjiv Khanna and Bela M. Trivedi heard an appeal against NGT, Chennai bench judgment which had directed a Chennai-based private builder company to pay 5.5 crores for violation of environmental laws. The Apex court observed that “Compensation is awarded for non-compliance as well as damage to the environment”.

National Green Tribunal

2.Pollution In AIIMS: NGT Constitutes Committee To Form SoP For Reducing Pollution In, Around Government Hospitals

Case Title:Gaurav Sharma v. Govt. of NCT of Delhi & Ors.

The principal bench of the National Green Tribunal (NGT) has constituted a five-member joint committee headed by the Secretary of the Ministry of Health to develop Standard Operating Procedures (SOP) aimed at reducing pollution in and around all government district hospitals or hospitals larger than district hospitals, including medical colleges.

High Courts

3.Don't Destroy Natural Grass Of Football And Hockey Fields At Siri Fort Sports Complex For Artificial Turf: Delhi High Court

Citation: 2023 LiveLaw (Del) 545

Title: Sudhir Gupta v. DDA & Anr.

The Delhi High Court recently ordered that the football and hockey fields at the Siri Fort Sports Complex having natural grass be not destroyed or altered to artificial turf.

“Siri Fort Sports Complex (SFSC) lies in the heart of South Delhi and the adjoining greenery needs to be protected at all cost, as the entire area is a green lung for the city. A park or a green area in the midst of a thickly populated residential area or commercial area is of a far greater value than a forest removed kilometres away from a human habitation,” Justice Najmi Waziri said in a judgement passed on June 30.

4.Disclose Instances Of Illegal Mining In State, Action Taken Against Such Breaches: Uttarakhand High Court To State

Case Title: Neema Waldia v. State of Uttarakhand & others

The Uttarakhand High Court directed the State to disclose the instances of illegal mining in the state and the actions taken against such breaches.

“The State should disclose in its affidavit to be filed within two weeks the instances of illegal mining by the licensees, which have come to light, and the nature of action taken in respect of each of such breaches, in the entire State,” said Chief Justice Vipin Sanghi and Justice Rakesh Thapliyal.

Other Updates

5.Centre Appoints Justice Sheo Kumar Singh As Acting Chairperson of National Green Tribunal

The Central Government has appointed Justice Sheo Kumar Singh-I, Judicial Member of the National Green Tribunal (NGT), to act as the Chairperson of the NGT until the date on which a new Chairperson is appointed.

6.NGT Chairperson Justice A.K. Goel To Retire On Thursday: A Look Back At Key NGT Initiatives, Decisions Under His Tenure

Justice A.K. Goel, who served as the Chief Justice of the Gauhati and Orissa High Court, was elevated to the position of a Judge in the Supreme Court in 2014. Thereafter, he assumed the role of Chairperson of the National Green Tribunal (NGT) on July 6, 2018. As he concludes his tenure, Justice A.K. Goel is scheduled to retire tomorrow.

7.Centre Invites Suggestions On Draft Green Credit Programme Implementation Rules 2023, Aims At Encouraging Voluntary Environmental Actions

The Ministry of Environment, Forest, and Climate Change has notified the Draft Green Credit Programme Implementation Rules 2023 and invited suggestions from the general public. The objections or suggestions can be filed within 60 days from the date of notification, which was issued on June 26th.