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Environmental Law Monthly Round-Up: July 2023
Aiman J. Chishti
7 Aug 2023 11:02 AM GMT
A Monthly round-up of development in environmental law jurisprudence.Nominal IndexIn Re: T.N. Godavarman Thirumulpad v. Union of India & Ors.Singrauli Super Thermal Power Station V. Ashwani Kumar Dubey Citation : 2023 LiveLaw (SC) 524Devidas Khatri v. Union of India & Ors.Dr. Sandeep Kumar Gupta v. State of Haryana & Ors.Nizamuddin West Association v. Union of India &...
A Monthly round-up of development in environmental law jurisprudence.
Nominal Index
- In Re: T.N. Godavarman Thirumulpad v. Union of India & Ors.
- Singrauli Super Thermal Power Station V. Ashwani Kumar Dubey Citation : 2023 LiveLaw (SC) 524
- Devidas Khatri v. Union of India & Ors.
- Dr. Sandeep Kumar Gupta v. State of Haryana & Ors.
- Nizamuddin West Association v. Union of India & Ors.
- Arvind Kumar Agrawal & Ors. V. The Secretary to Govt Of TN & Ors.
- Gaurav Sharma v. Govt. of NCT of Delhi & Ors.
- Nizamuddin West Association v. Union of India & Ors.
- Dr. Sandeep Kumar Gupta v. State of Haryana & Ors.
- Devidas Khatri v. Union of India & Ors.
- In re : News item published in Newspaper The Hindu dated 19.03.2023 titled “India’s Sinking Island”
- Rashid Noor Khan v. BMC &Ors.
- In Re: News Item published in Newspaper The Hindu, dated 26.06.2023 titled “One dead, 35 injured after ammonia leak in Bihar dairy”
- Syed Riyaz v. Union Territory of J&K & Ors
- Bhoma Ram Mali &Ors. V. State of Rajasthan&Ors.
- D. K. Puri v. Govt. of NCT of Delhi & Ors.
- Wildlife Society of Odisha v. State of Odisha & Ors.
- Munish v. Haryana State Pollution Control Board & Ors.
- Harpal Singh Rana v. Delhi Metro Rail Corporation & Ors.
- Sudhir Gupta v. DDA & ANR 2023 LiveLaw (Del) 545
- Akash Vashishtha v. State of Uttarakhand & Ors.
- Radhe Sharma v. Chief Secretary, Mines and Geology & others.
- Neema Waldia v. State of Uttarakhand & others
- Kuldeep Singh Khaira & Ors. V. State of Punjab & Ors.
Supreme Court
Case Title: In Re: T.N. Godavarman Thirumulpad v. Union of India & Ors.
The Supreme Court has set up a high-level panel to examine the environmental issues arising as a result of a large number of pilgrims visiting the temples located inside the core area of Rajasthan’s Sariska Tiger Reserve and directed them to furnish a report within six weeks.
Case Title: Case : Singrauli Super Thermal Power Station V. Ashwani Kumar Dubey
Citation : 2023 LiveLaw (SC) 524
The Supreme Court recently held that the National Green Tribunal (NGT) being an adjudicatory body must comply with the principles of natural justice. It also held that if the NGT intends to rely on the report of an expert Committee or any other material that is brought to its knowledge, the concerned party must be informed of it in advance, and be given an opportunity for discussion and rebuttal.
National Green Tribunal
Case Title: Devidas Khatri v. Union of India & Ors.
The principal bench of National Green Tribunal (NGT) has directed UP PCB to identify violators of environmental norms and file action taken reports against proponents carrying illegal mining activities in Prayagraj District.
4.Solid Waste Management In Haryana’s Hisar: NGT Constitutes Committee, Calls For Factual Report
Case Title: Dr. Sandeep Kumar Gupta v. State of Haryana & Ors.
The principal bench of the National Green Tribunal (NGT) has formed a joint committee to prepare a factual report and report on actions taken regarding violations of the Solid Waste Management Rules, 2016, and NGT guidelines by the Municipal Corporation of Hisar.
Case Title: Nizamuddin West Association v. Union of India & Ors.
The principal bench of the National Green Tribunal has observed, after perusing the status report submitted by the Delhi Government before it, that untreated and partially treated sewage and industrial waste are entering Delhi's Yamuna.While noting that the large-scale pollution is still unchecked, it said that the overall situation is "extremely disappointing."
Case Title: Arvind Kumar Agrawal & Ors. V. The Secretary to Govt Of TN & 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”.
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.
Case Title: Nizamuddin West Association v. Union of India & Ors.
The principal bench of the National Green Tribunal has observed, after perusing the status report submitted by the Delhi Government before it, that untreated and partially treated sewage and industrial waste are entering Delhi's Yamuna.While noting that the large-scale pollution is still unchecked, it said that the overall situation is "extremely disappointing."
9.Solid Waste Management In Haryana’s Hisar: NGT Constitutes Committee, Calls For Factual Report
Case Title: Dr. Sandeep Kumar Gupta v. State of Haryana & Ors.
The principal bench of the National Green Tribunal (NGT) has formed a joint committee to prepare a factual report and report on actions taken regarding violations of the Solid Waste Management Rules, 2016, and NGT guidelines by the Municipal Corporation of Hisar.
Case Title: Devidas Khatri v. Union of India & Ors.
The principal bench of National Green Tribunal (NGT) has directed UP PCB to identify violators of environmental norms and file action taken reports against proponents carrying illegal mining activities in Prayagraj District.
Case Title: In re : News item published in Newspaper The Hindu dated 19.03.2023 titled “India’s Sinking Island”
In a suo moto cognizance case, the National Green Tribunal (NGT) has constituted a four-member committee to frame policies and measures to protect submerging islands due to the rise of sea level and global warming.
The principal bench noted that due to the dangers of sea level rise and the submergence of low-lying lands such as islands, “it is imperative to protect these islands as people are living there.”
Case Title: Rashid Noor Khan v. BMC &Ors.
The National Green Tribunal (NGT) has imposed a Rs.1 crore compensation on the Bhopal Municipal Corporation (BMC) for undertaking illegal construction allegedly carried out for floating restaurants in a prohibited area of Bhoj Wetland, also known as Bhopal Lake.
Case Title: In Re: News Item published in Newspaper The Hindu, dated 26.06.2023 titled “One dead, 35 injured after ammonia leak in Bihar dairy”
The Eastern Bench of the National Green Tribunal (NGT) has constituted a three-member committee to submit a report regarding the allegations of a leakage of an ammonia gas cylinder at a dairy in Bihar’s Hajipur on June 25.
14.NGT Directs State PCB To Take Action Against Brick Kilns Operating Without Consent Order In J&K’s Budgam
Case Title: Syed Riyaz v. Union Territory of J&K & Ors
The principal bench of National Green Tribunal (NGT) has directed State PCB to take action against Brick Kilns operating without the consent order in Jammu & Kashmir’s Budgam.
The bench of Acting Chairperson Justice Sheo Kumar Singh and Dr. A. Senthil Vel said, “State PCB is directed to take action in accordance with rules and ensure that brick kilns must be brought within the ambit of the consent conditions and brick kiln which are in operation without the consent of State Pollution Control Board, must be taken seriously and action be initiated in accordance with the law. However, orders of the High Court be complied with as applicable.”
15.NGT Imposes Rs.65 Lakh Cost On Pokaran Municipal Board For Discharging Untreated Sewage Into Jaisalmer Farmer’s Land
Case Title: Bhoma Ram Mali &Ors. V. State of Rajasthan&Ors.
The National Green Tribunal (NGT) has imposed an environmental compensation of Rs. 65,75,000 on the Municipal Board, Pokaran for discharging untreated sewage, which damaged agricultural land of farmers in Rajasthan's Jaisalmer district.
The bench of Justice Sudhir Agarwal and Dr. Afroz Ahmad said, “the law is well settled that no discharge of untreated sewage is permissible in any stream unless requisite treatment is made and the water quality is improved as per the prescribed standards under the provision of Water Act, 1974 and if any person commits, breach, besides acting under Water Act, 1974, it is also liable to pay environmental compensation on the principle of Polluter Pays.”
16.Consider Replacement Of 15 Years Old Diesel Generators: NGT To Delhi Pollution Control Committee
Case Title: D. K. Puri v. Govt. of NCT of Delhi & Ors.
The National Green Tribunal (NGT) has asked the Delhi Pollution Control Committee (DPCC) to consider the replacement of 15-year-old Diesel Generator (DG) Sets in order to control the level of noise pollution in the city.
The bench of Acting Chairperson Justice Sheo Kumar Singh, Justice Arun Kumar Tyagi, Dr. A. Senthil Vel, said “we direct the DPCC to periodically monitor the parameters of noise and air pollution in the area and in case of violation, necessary action be initiated according to the Rules. Further, DPCC need to consider replacement of 15 years old DG Sets, relocation of DG Sets and using cleaner fuel…”
17.NGT Issues Notice To Centre On Plea Challenging Odisha’s Deomali Eco-Tourism Complex Construction
Case Title: Wildlife Society of Odisha v. State of Odisha & Ors.
The eastern zone bench of National Green Tribunal (NGT) has issued notice to centre and Odisha government on application challenging construction of Deomali Eco-Tourism Complex without Environmental Clearance in Odisha.
Wildlife Society of Odisha through Advocated Sankar Prasad Pani has filed an application challenging the ongoing large scale permanent construction work of Deomali Eco-tourism Complex in Deomali Hill, stated to be a forest land under Semiliguda Forest Range in Koraput Forest Division.
Case Title: Munish v. Haryana State Pollution Control Board & Ors.
The Principal Bench of the National Green Tribunal (NGT) has directed the Haryana State Pollution Control Board (HSPCB) to take disciplinary action against the concerned Regional Officer for negligence in performing his duties and indirectly permitting illegal mining, causing a loss to the state exchequer.
Case Title: Harpal Singh Rana v. Delhi Metro Rail Corporation & Ors.
The principal bench of the National Green Tribunal (NGT) has constituted a four-member joint committee to prepare a methodology on reusing water at Delhi Metro by DMRC.
The bench of Acting Chairperson Justice Sheo Kumar Singh, Justice Arun Kumar Tyagi, Dr. A. Senthil Vel said, “We are of the view that proper methodology should be developed by the authorities concerned/DMRC to utilize the water and not to throw the water through pipeline on the road to create further nuisance and disturbance on the road side.”
High Court
Title: Sudhir Gupta v. DDA & ANR
Citation: 2023 LiveLaw (Del) 545
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.
Case Title: Akash Vashishtha v. State of Uttarakhand & Ors.
The Uttarakhand High Court has directed the State to file “a better affidavit” bringing on record, all the documents, and the policies claimed to have been formulated from time to time after the issuance of the 1989 Notification by the Ministry of Environment and Forest.
Case Title: Radhe Sharma v. Chief Secretary, Mines and Geology & others.
The Patna High Court has granted anticipatory-arrest bail to a man, who was booked for violating Bihar Minor Mineral Concessions Rules, 1972 and the Environment (Protection) Act, on the condition of planting 500 trees.
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.
Case Title: Kuldeep Singh Khaira & Ors. V. State of Punjab & Ors.
The principal bench of National Green Tribunal (NGT) has directed Punjab to issue instructuctions to Forest Department to frame policy on illegal tree felling in Punjab.
Other Developments
The Delhi High Court judge Justice Najmi Waziri, known for his contributions to the environment, particularly his orders directing planting of trees in the national capital, retires from service today.
“I am a rich person today, I am very rich,” said Justice Waziri as various lawyers appeared in his courtroom, appreciating and thanking him for his valuable and significant efforts on the bench, especially towards the environment.
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.
