Environmental Law Weekly Round-Up [02 -08 April,2023]

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

Nominal Index

1. Ravinder Chanana & Ors. v. The State of Delhi Delhi Secretariat Chief Secretary
2. Rajiv Dutta v. GNCTD & Ors.
3. Mrinmoy Khataniar & Anr. v. Union of India & 9 Ors.
4. State of Kerala V Shefy Joseph [2023 (Ker) LiveLaw 176]
5. Sushant Subhash More v.M/s Hotel Sahyadri Puspa and Ors.
6. Haider Ali v. UOI and others
7. Balaji Tirupati Cinemas and Ors. v. The Maharashtra Coastal Zone and Ors.
8. Conservation Action Trust & Ors. v. The Ministry of Environment Forest & Climate Change & Ors.

Supreme Court

1.As Okhla Waste-to-Energy Plant Operator Says Expansion Plan Will Take 18 Months, Supreme Court Refuses To Entertain Stay Plea

Case Title-Ravinder Chanana & Ors. v. The State of Delhi Delhi Secretariat Chief Secretary

The Supreme Court on Wednesday observed that it is not necessary to consider at the present stage an application to stay the proposed expansion of the Okhla Waste-to-Energy (WTE) plant in Delhi from 23 MW to 40 MW. This is in view of the statement made by the plant operator that it will take at least 18 months to complete

A bench of Chief Justice DY Chandrachud and Justice JB Pardiwala was hearing an interlocutory application in a challenge against a 2017 National Green Tribunal (NGT) decision allowing the Okhla incineration plant to continue its operations.

High Court

2. High Court Seeks Delhi Govt’s Status Report On Formulating SOP For Proceedings Relating To Tree Offences

Case Title-Rajiv Dutta v. GNCTD & Ors.

The Delhi High Court has directed the Delhi government to file an affidavit detailing the progress made in formulating the Standard Operating Procedure (SOP) in respect of proceedings related to offences of damage of trees or violation of any other provision of Delhi Preservation of Trees (DPT) Act, 1994.

3.Gauhati High Court Orders Centre, Assam Govt To Stop Illegal Mining By Coal India Ltd In Forest Areas Of Digboi Division

Case Title: Mrinmoy Khataniar & Anr. v. Union of India & 9 Ors.

The Gauhati High Court recently directed the Union Government as well as the State Government to stop Coal India Ltd. from undertaking mining activities in Saleki Proposed Reserve Forest until all penalties and compensatory levis are deposited and Stage II approval is granted by Ministry of Environment Forest and Climate Change (MoEF & CC).

The division bench of the Chief Justice Sandeep Mehta and Justice Suman Shyam further directed the authorities to ensure that all illegal mining activities in the said area are stopped forthwith.

4.Kerala High Court Vacates Stay On NGT Order After Communication From SC Registry That It Has Already Been Affirmed By Apex Court

Case Title: State of Kerala V Shefy Joseph

Citation: 2023 (Ker) LiveLaw 176

The Kerala High Court recently vacated its interim order staying NGT's direction to M/s.Cochin Granites to pay environmental compensation for its illegal and unauthorised mining activities.

A challenge to the said order of the National Green Tribunal had been earlier dismissed by the Supreme Court. Subsequently, a review petition was filed which was also dismissed by the Apex Court. However, the order came to be stayed by the Kerala High Court in a plea filed by the State.

National Green Tribunal

5.Plea Filed In NGT, For Protection Of UNESCO World Heritage Site ‘Kaas Plateau’

Case Title- Sushant Subhash More v.M/s Hotel Sahyadri Puspa and Ors.

Recently, an environmental activist has filed an application for the restitution and restoration of the environment and ecology of 'Kaas Plateau' in the National Green Tribunal (NGT) (West Zone) under Section 15 of the National Green Tribunal Act, 2010 (NGT Act), read with Sections 18 and 20 of the NGT Act.

The application raises concerns about illegal construction near the plateau, which is threatening the biological diversity and the rights of wild animals in ‘Kaas Plateau’.

6.NGT Directs Ministry Of Jal Shakti To File Status Report On Regulation Of Groundwater For Cricket Playground

Case Title- Haider Ali v. UOI and others

The principal bench of the National Green Tribunal (NGT), comprising Justice Adarsh Kumar Goel (Chairperson), Justice Sudhir Agarwal (Judicial Member), and Dr A. Senthil Vel (Expert Member), has directed the Secretary of the Ministry of Jal Shakti (MoJS) to file a status report within two months regarding the regulation of groundwater extraction for the maintenance of cricket playgrounds.

An application was filed raising concerns against the failure of the Ministry of Jal Shakti, Government of India, to comply with the directions of the NGT dated 15.04.2021 in the case of Haider Ali vs. Union of India & Ors., which required the regulation of groundwater extraction for the maintenance of cricket playgrounds.

7.NGT Dismisses Film Studio's Appeal Against MCZMA Order Declining Extension Of Temporary Sets For Shooting

Case Title-Balaji Tirupati Cinemas and Ors. v. The Maharashtra Coastal Zone and Ors.

The Western Zone bench of the National Green Tribunal (NGT) has rejected the plea made by Balaji Tirupati Cinemas and Expression Studio against the Maharashtra Coastal Zone Management Authority's (MCZMA) order of 12.09.2022. The order denied permission for the temporary tents used for shooting to be extended for another six months.

The Appellant Film Studios alleged that the order was passed in violation of principles of natural justice, equity and fair play.

8.NGT Forms High Powered Committee To Revisit Environmental Clearance Granted To Great Nicobar Island Project

Case Title-Conservation Action Trust & Ors. v. The Ministry of Environment Forest & Climate Change & Ors.

The Eastern Zone bench of the National Green Tribunal (NGT) has constituted a High-Powered Committee to revisit the Environmental Clearance granted by the Ministry of Environment, Forest, and Climate Change (MoEF&CC) for the project by the Andaman and Nicobar Islands Integrated Development Corporation (the project) in Great Nicobar Islands.

It is a mega project to be implemented at the southern end of the Andaman and Nicobar Islands. The project includes an International Airport, international container transshipment terminal; township development, and a 450 MVA gas and solar-based power plant over an extent of 16,610 hectares on the island.