Environmental Law Weekly Round-Up [05 June-11 June,2023]

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

Nominal Index

1. Ravinder Kumar v.State of Haryana
2. Nirmal Kumar Tripathi v. Uttar Pradesh Pollution Control Board & Ors.
3. Shailendra Kumar Sharma v. State of Meghalaya & ors.
4. Kumar Amit vs. The Union of India
5. Other Updates

National Green Tribunal

1.National Green Tribunal Constitutes Fact Finding Committee In Yamuna Illegal Mining Case, Seeks Action Taken Report

Case Title: Ravinder Kumar v.State of Haryana

The principal bench of the National Green Tribunal (NGT) has constituted a fact-finding committee to collect factual information and submit an action taken report on alleged illegal mining on the Yamuna river bank in Sonipat district, Haryana.

The bench of Justice Sudhir Agarwal, Dr.A. Senthil Vel said, “In our view, the allegations made in the complaint give rise to a substantial question relating to the environment due to implementation of Scheduled Enactment under NGT Act, 2010 has arisen.”

2.NGT Directs State PCB To File Action Taken Report On Alleged Violation Of Environmental Norms By Over 300 Brick Kilns In UP’s Deoria

Case Title: Nirmal Kumar Tripathi v. Uttar Pradesh Pollution Control Board & Ors.

The National Green Tribunal (NGT) has directed the UP Pollution Control Board and the District Magistrate to file an action taken report on the alleged violation of environmental norms by 375 brick kilns operating close to sensitive establishments in Deoria District of Uttar Pradesh.

“…In the interest of justice, we consider in appropriate to direct the State PCB and District Magistrate, Deoria to look into the matter and take such remedial action as may be found necessary in accordance with law and file an action taken report with the Registrar General of this Tribunal within one month…,” said the bench of Justice Adarsh Kumar Goel (Chairperson), Justice Sudhir Agarwal and Dr.A. Senthil Vel.

High Court

3.Operators Of Illegal Coke Plants Mostly Based In Assam, Several Benami Transactions Also Detected: Meghalaya Police to High Court

Case Title: Shailendra Kumar Sharma v. State of Meghalaya & ors.

In pursuance of the order directing it to find out the persons behind the setting up of illegal coke oven plants in Shailang Area of West Khasi Hills Districts, the police has told the Meghalaya High Court that the investigation has revealed that the operators are mostly based in Assam and raids have been conducted to arrest them.

“That insofar as the actual owners/operators of the illegal coke plants are concerned, the investigation from owners of the land has revealed that they are mostly based in Assam and have been running the illegal business in Meghalaya and several benami transactions have also come to light in the investigation for which request had already been made to the competent court to add section 53(1) of Benami Prohibition) Act, 2016 in the pending case,” DGP Dr. L.R. Bishnoi told the court.

4.Patna High Court Directs Bihar Chief Secretary To Monitor Revival Work Of Moti Jheel In Motihari

Case Title: Kumar Amit vs. The Union of India

The Patna High Court has directed the Chief Secretary to monitor the revival of Moti Jheel through an officer authorized by him.

The division bench of Chief Justice K. Vinod Chandran and Justice Madhuresh Prasad asked the Chief Secretary to authorize the officer to suitably monitor the revival work personally. The authorized officer has been directed by the court to file a report every three months before the Chief Secretary.

5.Other Updates

World Environment Day: Important Judgments On Environmental Protection

World Environment Day Special: Recent Developments In Environmental Law Jurisprudence

Karnataka High Court CJ Visits Central Prison On World Environment Day, Inaugurates Manufacturing Unit