Environmental Law Weekly Round-Up [16 May- 21 May,2023]

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

Nominal Index

1. Centre for Environment Law WWF-I v. Union of India
2. Dr T Murugavel v The Additional Chief Secretary and others Citation: 2023 LiveLaw (Mad) 143
3. Tribunal on its own motion SUO MOTU based on the News Item in The Hindu Newspaper Edition dt: 21.12.2020, “Vilinjiyambakkam Lake shrunk due to encroachment ” v.the Principal Secretary to Govt. Public Works Department, Chennai and Ors.
4. Vasant Vihar Association v. Commissioner, MCD & Ors.
5. In re:Compliance of Municipal Solid Waste Management Rules, 2016 and other environmental issues
6. Nizamuddin West Association v. Union of India & Ors.

Supreme Court

1.Concerned At Deaths Of 3 Cheetahs In Kuno, Supreme Court Asks Centre To Explore Alternate Sites

Case Title: Centre for Environment Law WWF-I v. Union of India

The Supreme Court asked the Centre to consider if the newly-introduced cheetahs in the country can be spread over and not be confined in one place.

A Bench of Justices BR Gavai and Sanjay Karol, referring to newspaper reports regarding deaths of three cheetahs, said that Madhya Pradesh’s Kuno National Park may not be sufficient to accommodate so many cheetahs.

“Kuno is not sufficient to accommodate…look for an alternative, either in Madhya Pradesh or Rajasthan. Whatever terrain is possible. You should be more interested in Rajasthan. I would be happy if it is Maharashtra”, the Bench observed while adding that ‘party-politics’ shouldn’t brought into these matters.

High Court

2.‘Crass Commercialism’: Madras High Court Restrains Govt From Organizing Heli Tourism During Summer Festival In Nilgiris

Case Title: Dr T Murugavel v The Additional Chief Secretary and others

Citation: 2023 LiveLaw (Mad) 143

While restraining the State from going forward with the heli-tourism proposed to be conducted in the Nilgiris area as part of the Summer Festival, the Madras High Court emphasized that the fragile eco-system and vulnerability of the bio-diverse region cannot not become a victim of crass commercialism.

"The fragile eco-system and vulnerability of this bio-diverse region cannot be the victim of crass commercialism, that too in such an unplanned and careless fashion."

The division bench of Justice Anita Sumanth and Justice Nirmal Kumar noted that the proposal to conduct Heli-tourism was made by the Tourism Department without proper study and without discussions with the Forest Department or the wildlife wardens and was merely to generate revenue for the State.

National Green Tribunal

3.National Green Tribunal Directs Eviction Of Encroachers From Tamil Nadu’s Lakes

Case Title: Tribunal on its own motion SUO MOTU based on the News Item in The Hindu Newspaper Edition dt: 21.12.2020, “Vilinjiyambakkam Lake shrunk due to encroachment ” v.the Principal Secretary to Govt. Public Works Department, Chennai and Ors.

The southern bench of the National Green Tribunal (NGT) has directed the District Collector of Tiruvallur, as well as the Commissioner of Avadi City Municipal Corporation, to work in coordination to evict encroachers of Ambattur, Puzhal, and Vilinjiyambakkam Lakes and restore them "in the manner known to law."

Considering that construction work of Common Sewerage Treatment Plant at Vilinjiyambakkam Lake has been commenced, the bench of Justice Pushpa Sathyanarayana and Dr.Satyagopal Korlapati said,“this is the right time for the District Collector to rise to the occasion to evict the encroachments and coordinate with the Avadi City Municipal Corporation in plugging the sewage being let into these lakes which can be easily restored and would supply water for the Avadi and nearby areas.”

4.NGT Directs MCD, Delhi Pollution Control Committee To File Response In Plea Against Construction Of Mobile Towers In Delhi’s Public Parks

Case Title: Vasant Vihar Association v. Commissioner, MCD & Ors.

The National Green Tribunal (NGT) directed the Municipal Corporation of Delhi and Delhi Pollution Control Committee to file a response to an application seeking to “seize and desist from permitting the construction of mobile towers in any public parks in Delhi”.

The application also sought directions from the Tribunal for the “removal of the mobile towers that were set up in the public parks of Vasant Vihar colony”, and “to restore the parks at the costs of the respondents”.

5.National Green Tribunal Directs Uttarakhand To Set Apart Ring-Fenced Amount Of Rs.200 Crore For Waste Management

Case Title: In re:Compliance of Municipal Solid Waste Management Rules, 2016 and other environmental issues

The National Green Tribunal (NGT) has directed Uttarakhand to allocate Rs. 200 crore for solid and sewage management, in terms of the statement of the Chief Secretary,following the gaps found in waste management of the state.

The bench of Justice Adarsh Kumar Goel,Justice Sudhir Agarwal, Justice Arun Kumar Tyagi, Dr.A.Senthil Vel, Dr.Afroz Ahmad said, “we accept the prayer of the Chief Secretary that instead of this Tribunal levying compensation, the Administration itself will ensure availability of Rs. 200 crores by transferring the amount in a separate ring-fenced account within one month to be operated as per directions of the Chief Secretary.”

6.National Green Tribunal Gives No Objection For Installation Of LightHouse Near Yamuna’s FloodPlain In Delhi

Case Title:Nizamuddin West Association v. Union of India & Ors.

The principal bench of National Green Tribunal (NGT) has given no objection to DDA for installation of a lighthouse in the greenway, adjacent to the Yamuna flood plains, for additional surveillance and security.

The bench of Justice Adarsh Kumar Goel, Justice Sudhir Agarwal, Dr A. Senthil Vel said, “we are of the view that on principle there can be no objection to the proposal if its approved by the HLC and is meant for protection of flood plain zone and is within the purview of permissible activity in terms of para 80 of the order of this Tribunal dated 13.1.2015 and River Ganga (Rejuvenation, Protection and Management) Authorities Order, 2016.”