Human Life Equally Important As Protection Of Environment; Projects Necessary For Country's Economic Development Can't Be Stalled : Supreme Court

While giving a go-ahead to the construction of railway overbridges in West Bengal as part of the Setu Bharatam project, the Supreme Court observed that protection of human life is also equally important as protecting the environment.The project had been stayed since 2018 after the Calcutta High Court's order allowing the cutting down of 356 trees was challenged in the Supreme Court. In 2020,...

Supreme Court Disapproves Of Building Zoos Inside Tiger Reserves; Stops Constructions Within Core Areas Of National Parks, Wildlife Sanctuaries

The Supreme Court on Wednesday put a stop to all construction activities in the core areas within tiger reserves, national parks, and wildlife sanctuaries, amidst the recent controversy over the Uttarakhand government’s proposal to construct animal enclosures inside the Jim Corbett National Park. This development follows closely on the heels of a court-constituted panel recommending...

CRZ Notification 2011 : Storage Facility For Edible Oil Not Allowed Outside Port Area; Supreme Court Affirms Quashing Of Post-Facto Clearance

The Supreme Court, on Wednesday, noted that the word ‘within’ used for CRZ-I and ‘in’ used for CRZ-II in the CRZ Notification of 2011 cannot be interpreted to include what is outside the port areas. It is pertinent to note that in CRZ-I, the “storage of edible oil inter alia is permitted within the notified ports” and in CRZ-II, the storage of non-hazardous cargo such as edible...

Supreme Court Asks MoEFCC To Respond To Recommendation To Convert "Project Elephant" Into A Statutory Agency

The Supreme Court bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala on Wednesday resumed hearings in the PIL seeking court's intervention in relation to the issue of a large number of unnatural death of wild elephants due to electrocution from power lines passing through the protected areas and elephant reserves. The bench asked the Ministry...

Supreme Court Dismisses Plea Against ₹64 Lakh Penalty On Municipal Body For Dumping Solid Waste In Wular Lake

In a matter related to the dumping of solid waste in the catchment of Wular lake in Kashmir, the Supreme Court has dismissed an appeal that challenged National Green Tribunal's refusal to interfere with J&K State Pollution Control Committee's order imposing a penalty of Rs 64.21 Lakhs on Municipal Committee, Bandipora."We find no ground to interfere with the impugned order passed by...

NGT Should Test Bonafides & Credentials Of Applicants Before Passing Orders Having Far Reaching Effect: Supreme Court

The Supreme Court observed that the National Green Tribunal should test the bonafides and credentials of applicants before permitting them to seek orders which have far reaching effects.Before a litigant is permitted to knock the doors of justice and seek orders which have far reaching effects of affecting the employment of thousands of persons, stopping investment in the State, prejudicing...

'Lack Of Good Governance': NGT Slaps ₹35 Cr Penalty On J&K Admin For Doodh Ganga Pollution

The Principal Bench of National Green Tribunal has imposed a penalty of Rs 35 Crore on the Jammu & Kashmir administration for failing to prevent the discharge of untreated sewage into the Doodh Ganga, which is a major tributary of river Jhelum, and Mamath Kull (stream) in Kashmir valley's Srinagar and Budgam districts. "It is seen that there are serious lapses on the part of...

Grant Of Ex Post Facto Environmental Clearance Permissible In Exceptional Circumstances : Surpeme Court

The Supreme Court reiterated that the grant of ex post facto environmental clearance in exceptional cases is not impermissible.Ex post facto clearances and/or approvals cannot be declined with pedantic rigidity, regardless of the consequences of stopping the operations, the bench of Justices Indira Banerjee and JK Maheshwari observed.In this case, the National Green Tribunal Act 2010 had...

NGT Orders Removal Of Temple Structure From Govt Land Meant For 'Open Space'

The National Green Tribunal has held that construction of a temple on a government land meant for maintaining 'open space' amounts to encroachment and must be removed. The observation was made while deciding an application moved against alleged illegal construction of a 'Barat Ghar' at a park in Ghaziabad by the private respondent.To ascertain the veracity of allegations, the NGT had...

Supreme Court Explains Meaning Of "Forests"; Holds Non-Forest Activities Cannot Be Permitted Without Prior Approval From Central Govt

The Supreme Court held that prior permission of the Central Government is required to allow any change of user of forest or deemed forest land.The bench comprising Justices AM Khanwilkar, Abhay S. Oka and CT Ravikumar held that the lands covered by the special orders issued under Section 4 of Punjab Land Preservation Act,1900, have all the trappings of forest lands within the meaning of Section...

Maradu Flat Demolitions : Ex-Judge's Enquiry Holds Kerala Govt & Local Authorities Liable Besides Builders For Illegal Constructions

Justice Thottathil B Radhakrishnan in his report pertaining to the enquiry about the involvement of Builder/Promoter/persons/officials responsible for the illegal construction of the buildings in Maradu, Kochi, has concluded that apart from the builders, the Kerala Government, Maradu Grama Panchayat, Maradu Municipality, officials of the State Government and Local Self Government Institutions...

NGT Steps In On Concretization Of Storm Water Drain, Buffer Zone In Ghaziabad

In a major intervention ahead of monsoon, the National Green Tribunal has constituted a joint committee, comprising of NCR Planning Board, Central Pollution Control Board, Uttar Pradesh Pollution Control Board, District Magistrate and Nagar Nigam to furnish a factual and action taken report on the lining, covering and concretization of storm water drains in Navyug Market, Ghaziabad, within...