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.
1.Supreme Court Constitutes Expert Committee to Find a Solution for Unregulated Entry of Pilgrims into Core Areas of National Parks and Wildlife Sanctuaries
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.
2.NGT Cannot Pass Directions Relying On Recommendations Of Expert Committee Without Giving Parties A Chance To Rebut It: Supreme Court
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
3.Illegal Mining In Prayagraj: National Green Tribunal Directs UP PCB To Identify Violators, File Action Taken Report
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.
5.Discharge Of Pollution In Yamuna, Failure To Implement Directions Is Lack Of Governance’: National Green Tribunal
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."
6.“Compensation Awarded For Damage To Environment”: Supreme Court Directs Purvankara Limited To Deposit 5.5 Crores To Tamil Nadu PCB
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”.
7.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.
8.Discharge Of Pollution In Yamuna, Failure To Implement Directions Is Lack Of Governance’: National Green Tribunal
9.Solid Waste Management In Haryana’s Hisar: NGT Constitutes Committee, Calls For Factual Report
10.Illegal Mining In Prayagraj: National Green Tribunal Directs UP PCB To Identify Violators, File Action Taken Report
11.Global Warming: National Green Tribunal Forms Committee To Frame Policy, Measures To Protect Submerging Islands
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.”
12.NGT Imposes Rs.1 Crore Compensation On Bhopal Municipal Corporation For Illegal Construction On Bhopal Lake, Orders Demolition Within 1 Month
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.
13.Bihar Gas Leak Tragedy: NGT Forms Committee To Submit Report Regarding Allegations And Determine Compensation
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.
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.”
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.”
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…”
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.
18.Illegal Mining In Yamuna: NGT Directs Haryana PCB To Take Disciplinary Action Against Regional Officer For Negligence, Indirectly Permitting Illegal Mining
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.
19.NGT Forms Joint Committee To Prepare Model On Reusing Water At Delhi Metro, Directs To File Action Taken Report
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.”
20.Don't Destroy Natural Grass Of Football And Hockey Fields At Siri Fort Sports Complex For Artificial Turf: Delhi 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.
21.What Restrictions Have Been Placed On Location Of Industries, Mining Operations In Doon Valley?: Uttarakhand High Court Asks State To File Reply
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.
22.Patna High Court Grants Anticipatory Bail On Condition Of Planting 500 Trees, In Environment Protection Act Violation Case
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.
23.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.
24.Give Directions To Forest Department To Frame Policy On Illegal Tree Felling, Adopt Modalities From Delhi Tree Protection Act: NGT To Punjab
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.
Delhi High Court's 'Green Judge' Justice Najmi Waziri Retires Today: 'May Each Tree Extend Your Life', Say Lawyers
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.
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.