Environmental Law
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...
The 'Only One Earth' And Her Legal Rights: A Paradigm Shift From Anthropocentrism To Ecocentrism
Another World Environment Day passes with a grandeur theme "Only One Earth" focusing on "Living Sustainably in Harmony with Nature". The theme and the harmony concept was celebrated across the globe , probably more in the social media at a time when reports made by the International Criminal Police Organization (INTERPOL) state that environmental crime or ecocide is the fourth largest criminal enterprise after drug smuggling, counterfeiting and human trafficking. These reports find that...
Public Trust Doctrine Part Of Law Of Land ; Role Of State As Trustee Of Natural Resources More Relevant Today: Supreme Court
The Supreme Court observed that the Public Trust Doctrine is part of the law of land.The State also has to act as a trustee for the benefit of the general public in relation to the natural resources so that sustainable development can be achieved in the long term, the court observed.A bench comprising Justices L Nageswara Rao, BR Gavai and Aniruddha Bose observed thus while issuing...
Supreme Court Permits E-Rickshaws In Matheran As Pilot Project To Check Feasibility
The Supreme Court, on Thursday, permitted the State of Maharashtra to implement its proposal to introduce a few eco-friendly e-rickshaw in Matheran Eco-sensitive Zone, on an experimental basis, to check its feasibility to replace the hand-pulled rickshaws plying in the area. "...the Government is in consultation with the manufacturers and after a detailed study the State...