Environmental Law Weekly Round-Up [26 March-1 April,2023]

Nominal IndexSwetab Kumar v. Ministry of Environment, Forest And Climate Change and Ors. [2023 LiveLaw (SC)245] ( Supreme Court)Centre for Environment Law WWF-I v. Union of India (Supreme Court)Yeshwanth Shenoy v. State of Kerala (Supreme Court)Shramjeevi Cooperative Housing Society Ltd. v. Dinesh Johi and others [2023 LiveLaw (SC) 258] (Supreme Court)People's Charioteer Organisation v. Union of India (Supreme Court)Niyas v. The District Collector Palakkad [2023 LiveLaw (Ker) 167] (Kerala High Court)In Re Bruno v. Union of India & Ors. ( Kerala High Court)The State of Assam v. Deepar Beel Pachpara Samabai Samity Ltd. & 2 Ors. (Gauhati High Court)Amit Manibhai Panchal v. State of Gujarat (Gujarat High Court)Krishna Das K V v. State of Kerala (National Green Tribunal)Subhas Datta v. State of West Bengal &Ors. (National Green Tribunal)In re: News item published in Newspaper The Hindu dated 07.03.2023 titled “Three children die during illegal mining in West Bengal” (National Green Tribunal)Forest (Conservation) Amendment Bill, 2023Supreme Court1.Declarants Of Exotic Live Species As Per 2020 MoEFCC Advisory Immune From Prosecution Under Wild Life Act & Future Amendments : Supreme CourtCase Title- Swetab Kumar v. Ministry of Environment, Forest And Climate Change and Ors. [2023 LiveLaw (SC)245]The Supreme Court on March 27 clarified that individuals who have made a declaration of ownership of 'exotic live species' in accordance with the 2020 advisory issued by the Ministry of Environment, Forest and Climate Change are immune from prosecution under the Wild Life (Protection) Act of 1972 or action under any future laws or amendments.2. Day After Female Cheetah ‘Sasha’ Dies, Supreme Court Seeks Qualifications Of Experts On Environment Ministry’s Task ForceCase Title- Centre for Environment Law WWF-I v. Union of IndiaOne day after the death of Sasha, a female Cheetah brought from Namibia and released in Madhya Pradesh’s Kuno, the absence of experts in the Cheetah Task Force was flagged before the Supreme Court of India. The four-and-a-half-year-old feline died on March 27 due to renal failure less than a year after she was translocated to the Kuno National Park, along with seven other cheetahs.After Senior Advocate Prashanto Chandra Sen claimed that the Environment Ministry-appointed task force “did not have a single member with expertise in cheetah management”, a bench of Justices BR Gavai and Vikram Nath directed: “We request the learned Additional Solicitor-General to place on record the details, on an affidavit, with regard to the qualification and experience of the members of the task force and also specify as to which of the members possess an expertise in cheetah management within two weeks.”3. HC Stayed NGT Order After It Was Affirmed By Supreme Court? SC Directs Registry To Communicate Its Orders To Kerala High CourtCase Tile-Yeshwanth Shenoy vs State of KeralaOn being told that the Kerala High Court has stayed an order of the National Green Tribunal - which was earlier upheld by the Supreme Court- the Top Court recently directed its Registry to communicate its orders to the Registrar General of the High Court.A bench comprising Justices MR Shah and CT Ravikumar was hearing a petition filed by a lawyer contending that an order passed by the National Green Tribunal, which has been affirmed by the Top Court, has been stayed by the Kerala High Court. This amounts to the High Court staying the order of the Supreme Court in effect, submitted Advocate Yeshwanth Shenoy, appearing as party-in-person.4. 'NGT Could Not Have Ignored Decree Affirmed By Supreme Court' : SC Allows Housing Society's AppealCase Title- Shramjeevi Cooperative Housing Society Ltd. v. Dinesh Johi and others [2023 LiveLaw (SC) 258] The Supreme Court on March 22 allowed the appeal filed by the Shramjeevi housing society, which had challenged the decision of the NGT to halt construction near Teliya lake in Mandsaur. The NGT had ordered the construction to be stopped on the grounds that the land fell within a submergence area. However, the housing society argued that they had previously received permission for the construction and that the land was not actually in a submergence area. The Supreme Court sided with the housing society and overturned the decision of the NGT, allowing the construction to proceed.5.Can't Declare Entire Animal Kingdom As Legal Entity With Same Rights As Humans : Supreme Court Dismisses PILCase Title: People's Charioteer Organisation v. Union of IndiaThe Supreme Court dismissed a Public Interest Litigation (PIL) seeking for declaration of the entire animal kingdom, including avian and aquatic species, as "legal entities" having a distinct persona with corresponding rights of a living person. The matter was listed before a bench comprising Justice BR Gavai and Justice Vikram Nath.The bench stated that it could not entertain the petition in its extraordinary jurisdiction under Article 32 of the Constitution of...

Environmental Law Weekly Round-Up [26 March-1 April,2023]

Aiman J. Chishti

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