Supreme Court Half Yearly Digest 2023 - Environmental Laws

Aarey Case - The Supreme Court imposes Rs. 10 lakh fine on Mumbai Metro Rail Corporation Ltd (MMRCL) for seeking to cut more trees than allowed; but allows it to cut 177 trees. In Re: Felling of Trees in Aarey Forest (Maharashtra), 2023 LiveLaw (SC) 334 : 2023 INSC 381

Appeal maintainable before NGT against corrigendum imposing additional conditions to environmental clearance. IL&FS Tamil Nadu Power Company Ltd. v. T. Muruganandam, 2023 LiveLaw (SC) 192 : (2023) 6 SCC 585 : 2023 INSC 136

Chandigarh Master Plan - Supreme Court prohibits conversion of independent residential units as apartments in Chandigarh Phase 1 to preserve the heritage status of 'Corbusier' City-Any fragmentation, division, bifurcation, and apartmentalisation of a residential unit in Phase I of Chandigarh is prohibited. Residents Welfare Association v. Union Territory of Chandigarh, 2023 LiveLaw (SC) 24 : AIR 2023 SC 570 : AIR 2023 SC 570 : AIR 2023 SC 570 : (2023) 8 SCC 643 : 2023 INSC 22

Eco-Sensitive Zone (ESZ) - If the direction as contained in paragraph 56.5 of the order dated June 3, 2022 that even for continuation of existing activities, the permission of the Principal Chief Conservator of Forests (PCCF) of each State or Union Territory would be necessary, remains unmodified, taking into consideration that in each State or Union Territory there will be hundreds of villages wherein millions of people would be residing, the PCCF would be left with no other job except to consider such applications for permission to continue such activities. Even a farmer desirous to continue farming activities would be required to seek such permission. We find that such a direction is impossible to be implemented. If such a direction is continued, rather than avoiding man-animal conflict, it will intensify the same. In Re: T. N. Godavarman Thirumulpad v. Union of India, 2023 LiveLaw (SC) 351 : 2023 INSC 430

Eco-Sensitive Zone (ESZ) - If the direction as issued by this Court in paragraph 56.5 of the order dated 3rd June 2022 is continued, then no permanent structure would be permitted to come up for whatsoever purpose in the aforesaid ESZs. Hundreds of villages are situated within the ESZs in the country. If no permanent construction is to be permitted for any purpose, a villager who is desirous to reconstruct his house would not be permitted. Similarly, if the Government decides to construct schools, dispensaries, anganwadis, village stores, water tanks and other basic structures for improvement of the life of the villagers, the same would also not be permitted. The effect of the order will be to prevent the State or the Central Government from constructing roads and provide other facilities to the villagers. In Re: T. N. Godavarman Thirumulpad v. Union of India, 2023 LiveLaw (SC) 351 : 2023 INSC 430

Eco-Sensitive Zone (ESZ) - The Court modified the directions contained in paragraph 56.5 of the order dated June 3, 2022 as follows: 1. The MoEF & CC and all the State/Union Territory Governments shall strictly follow the provisions in the said Guidelines dated 9th February 2011 and so also the provisions contained in the ESZs notifications pertaining to the respective Protected Areas with regard to prohibited activities, regulated activities and permissible activities. 2. We further direct that while granting Environmental and Forest Clearances for project activities in ESZ and other areas outside the Protected Areas, the Union of India as well as various State/Union Territory Governments shall strictly follow the provisions contained in the Office Memorandum dated 17th May 2022 issued by MoEF & CC. In Re: T. N. Godavarman Thirumulpad v. Union of India, 2023 LiveLaw (SC) 351 : 2023 INSC 430

Eco-Sensitive Zone (ESZ) - the requirement of declaring ESZs is not to hamper day to day activities of the citizens but is meant to protect the precious forests/Protected Areas from any negative impact, and to refine the environment around the Protected Areas. In Re: T. N. Godavarman Thirumulpad v. Union of India, 2023 LiveLaw (SC) 351 : 2023 INSC 430

Environment (Protection) Rules, 1986 – Rule 5 - The area to be declared as ESZ cannot be uniform and will be Protected Area specific. In some cases, it may be 10 kilometres on one side and 500 meters on the other side. In certain cases, it may not be possible to have a uniform minimum area by virtue of inter-state boundaries or a sea or a river beyond one side of the Protected Area. In any case, a detailed procedure is required to be followed as prescribed under Rule 5 of the 1986 Rules. Once such a notification is issued after following the procedure prescribed under the 1986 Rules, the ESZs will have to be as per the said notification. In Re: T.N. Godavarman Thirumulpad v. Union of India, 2023 LiveLaw (SC) 351 : 2023 INSC 430

Environment and Wildlife Protection - Supreme Court extends the jurisdiction of a committee constituted by the Tripura High Court to oversee transfer of wild animals pan-India- Court directs that all State and Central Authorities shall forthwith report seizure of wild animals or abandonment of captive wild animals to the Committee and the Committee shall be at liberty to recommend transfer of ownership of captive animals or of seized wild animals to any willing rescue centre or zoo for their immediate welfare, care and rehabilitation- The Committee may also consider the request for approval, dispute or grievance, concerning transfer or import into India or procurement or welfare of wild animals by any rescue or rehabilitation centre or zoo. Muruly M.S. v. State of Karnataka, 2023 LiveLaw (SC) 164 : AIR 2023 SC 1368 : 2023 INSC 206

Environment Protection - Supreme Court disapproves of constructing zoos and enclosures within national parks - Prima facie, we do not appreciate the necessity of having a zoo inside the tiger reserves or national parks. The concept of protecting these is to permit animals to reside in their natural environs and not artificial environs. We, therefore, also call upon the National Tiger Conservation Authority (NTCA) to explain the rationale behind permitting such safaris within tiger reserves and national parks. Until further orders, the authorities are restrained from making any constructions within the core areas of national parks, wildlife sanctuaries, and tiger reserves. In Re: T.N. Godavarman Thirumulpad v. Union of India, 2023 LiveLaw (SC) 104

Environment Protection Act, 1986 - Supreme Court upholds the directions of NGT Chennai that all petroleum outlets in cities having population of more than 10 lakh and having turnover of more than 300 KL/Month shall install the Vapour Recovery System (VRS) mechanism- SC however sets aside NGT directions that new petroleum outlets should mandatorily obtain Consent to Establish and existing outlets should have Consent to Operate. Indian Oil Corporation Ltd. v. VBR Menon, 2023 LiveLaw (SC) 185 : AIR 2023 SC 1573 : (2023) 7 SCC 368 : 2023 INSC 231

Environmental Clearance - Supreme Court permits IL&FS Tamil Nadu Power Company Limited to continue operating its power plants in Tamil Nadu. IL&FS Tamil Nadu Power Company Ltd. v. T. Muruganandam, 2023 LiveLaw (SC) 192 : (2023) 6 SCC 585 : 2023 INSC 136

Environmental Impact Assessment - Supreme Court recommends making environmental assessment mandatory for urban development- We therefore appeal to the Legislature, the Executive and the Policy Makers at the Centre as well as at the State levels to make necessary provisions for carrying out Environmental Impact Assessment studies before permitting urban development. Residents Welfare Association v. Union Territory of Chandigarh, 2023 LiveLaw (SC) 24 : AIR 2023 SC 570 : AIR 2023 SC 570 : AIR 2023 SC 570 : (2023) 8 SCC 643 : 2023 INSC 22

Human life is equally important as protection of the environment; Projects necessary for country's economic development can't be stalled. Association for Protection of Democratic Rights v. State of West Bengal, 2023 LiveLaw (SC) 102

Make environmental impact assessment mandatory for urban development, recommends supreme court; cites condition of bengaluru as warning. Residents Welfare Association v. Union Territory of Chandigarh, 2023 LiveLaw (SC) 24 : AIR 2023 SC 570 : AIR 2023 SC 570 : (2023) 8 SCC 643 : 2023 INSC 22

Metro Rail - Supreme Court refused to interfere with the construction work on phase-IV of Delhi Metro, stating that any interference at this stage would also result in a huge escalation of its cost, causing a loss to the public exchequer. In re : Delhi Metro Rail Corporation (DMRC), 2023 LiveLaw (SC) 363

Mining within the National Park and Wildlife Sanctuary and within an area of one kilometre from the boundary of such National Park and Wildlife Sanctuary shall not be permissible. In Re: T. N. Godavarman Thirumulpad v. Union of India, 2023 LiveLaw (SC) 351 : 2023 INSC 430

National Green Tribunal Act 2010 - Supreme Court allows housing society's appeal against NGT's direction to halt constructions near a lake- issue whether the construction was in submerged area was decided in earlier civil proceedings in favour of the society- that decree was affirmed by the SC- So NGT could not have ignored the decree- he decree was affirmed by all the courts. When the NGT was made aware of this fact, it chose to ignore it. Without a review, or any known process by which a decree concerning the same facts could be reopened, the NGT could not have rejected the society’s contentions. The society’s appeal, therefore, requires to succeed. Shramjeevi Cooperative Housing Society Ltd. v. Dinesh Johi, 2023 LiveLaw (SC) 258 : AIR 2023 SC 1558 : 2023 INSC 275

National Green Tribunal Act 2010; Section 25 - The NGT has power under Section 25 to execute its orders as decrees of a civil court-The Tribunal is entrusted with the wholesome power to ensure that its orders are complied with. (Para 5, 6) Sushil Raghav v. Union of India, 2023 LiveLaw (SC) 140

National Green Tribunal Act, 2010 - Challenge to Environmental Clearance - Whether against the corrigendum to the EC along with additional conditions, an appeal before the NGT would be maintainable or not-An aggrieved person may always challenge the corrigendum imposing additional conditions to the Environmental Clearance, but the appeal would be restricted to the corrigendum if the original EC is not under challenge and/or the original EC has been confirmed by the NGT earlier on certain conditions which have not been challenged. (Para 9) IL&FS Tamil Nadu Power Company Ltd. v. T. Muruganandam, 2023 LiveLaw (SC) 192 : (2023) 6 SCC 585 : 2023 INSC 136

National Green Tribunal Act, 2010 - NGT has the jurisdiction to direct the CPCB that it should in exercise of its powers under Section 5 of the Environment Protection Act, 1986. (Para 44, 47) Indian Oil Corporation Ltd. v. VBR Menon, 2023 LiveLaw (SC) 185 : AIR 2023 SC 1573 : (2023) 7 SCC 368 : 2023 INSC 231

'NGT could not have ignored decree affirmed by Supreme Court': SC allows housing society's appeal. Shramjeevi Cooperative Housing Society Ltd. v. Dinesh Johi, 2023 LiveLaw (SC) 258 : AIR 2023 SC 1558 : 2023 INSC 275

NGT has powers to execute its orders as decrees of Civil Court. Sushil Raghav v. Union of India, 2023 LiveLaw (SC) 140

No doubt that the concern for the environment is an important aspect. However, at the same time, developmental works like the metro rail, which will cater to millions of people and also reduce carbon emissions, inasmuch as the number of vehicles on the road would be reduced, cannot be ignored. In re : Delhi Metro Rail Corporation (DMRC), 2023 LiveLaw (SC) 363

No mining activity within Eco-Sensitive Zone (ESZ) even if ESZ is more than 1 km from protected forest. In Re: T. N. Godavarman Thirumulpad v. Union of India, 2023 LiveLaw (SC) 392 : 2023 INSC 442

Supreme Court upholds quashing of the proceedings initiated by the Orissa Government to acquire nearly 8000 acres of land for Vedanta University proposed to be established by Anil Agarwal Foundation - Violations of the provisions of the LA Act 1894 - Also notes that procedure was vitiated by favouritism - Not appreciable why the Government offered such an undue favour in favour of one trust / company - No application of mind regarding environmental aspects - Two rivers also sought to be acquired. Anil Agarwal Foundation v. State of Orissa, 2023 LiveLaw (SC) 300 : 2023 INSC 361

Taj Trapezium matter: Supreme Court allows more flights to agra, removes restriction on increasing air traffic. M.C. Mehta v. Union of India, 2023 LiveLaw (SC) 82

The contest between development and environmental concerns is ever ongoing. While there is no doubt that ecology and environment need to be protected for the future generations, at the same time, development projects cannot be stalled, which are necessary not only for the economic development of the country, but at times for the safety of the citizens as well. No doubt that the protection of environment and ecology are important. However, at the same time, it cannot be denied that human life is also equally important. Association for Protection of Democratic Rights v. State of West Bengal, 2023 LiveLaw (SC) 102

The Supreme Court disapproves of building zoos inside tiger reserves; stops constructions within core areas of national parks, wildlife sanctuaries. In Re: T.N. Godavarman Thirumulpad v. Union of India, 2023 LiveLaw (SC) 104

The Supreme Court forms a committee to oversee transfer/import of wild animals in India. Muruly M.S. v. State of Karnataka, 2023 LiveLaw (SC) 164 : AIR 2023 SC 1368 : 2023 INSC 206

The Supreme Court has expressed concerns at the unregulated number of devotees visiting places of worship which are situated in national parks and sanctuaries. In re: T.N. Godavarman v. Union of India, 2023 LiveLaw (SC) 362

The Supreme Court issues directions for installation of vapour recovery system in retail petroleum outlets. Indian Oil Corporation Ltd. v. VBR Menon, 2023 LiveLaw (SC) 185 : AIR 2023 SC 1573 : (2023) 7 SCC 368 : 2023 INSC 231

The Supreme Court modified its order dated June 3, 2022 to the extent that directions in the said order mandating a 1 km Eco-Sensitive Zone (ESZ) around protected forests would not be applicable to the ESZs in respect of which a draft and final notification has been issued by the Ministry of Environment, Forest and Climate Change (MoEF & CC) and in respect of the proposals which have been received by the Ministry. In Re: T. N. Godavarman Thirumulpad v. Union of India, 2023 LiveLaw (SC) 351 : 2023 INSC 430

The Supreme Court prohibits conversion of residential units into floor-wise apartments in Chandigarh phase 1 to protect 'corbusier' heritage. Residents Welfare Association v. Union Territory of Chandigarh, 2023 LiveLaw (SC) 24 : AIR 2023 SC 570 : AIR 2023 SC 570 : AIR 2023 SC 570 : (2023) 8 SCC 643 : 2023 INSC 22

Time Limit under Rule 4(2) of Declaration of Wild Life Stock Rules cannot be relaxed. Vishalakshi Amma v. State of Kerala, 2023 LiveLaw (SC) 215 : (2023) 2 SCR 1081 : 2023 INSC 255

Wild Life (Protection) Act, 1972 - Individuals who have made a declaration of ownership of 'exotic live species' in accordance with the advisory issued by the Ministry of Environment, Forest and Climate Change are immune from prosecution - Since it has been held that Advisory was an Amnesty Scheme and declarants are immune from prosecution, the same would obviously mean that declarants are immune from prosecution or action under any future laws and amendments incorporated in the Wild Life(Protection) Act, 1972. Swetab Kumar v. Ministry of Environment, Forest and Climate Change, 2023 LiveLaw (SC) 245 : 2023 INSC 301

Wildlife (Protection Act), 1972 - Declaration of Wild Life Stock Rules, 2003 - As per Rule 4(2), application/declaration under sub-rule (1) of Rule 4 for ownership certificate has to be made within a period of 180 days from the date of commencement of the Rules, 2003. Looking to the object and purpose of Sections 40 and 40A and the object and purpose for which Rules, 2003 has been enacted the period of 180 days prescribed under Rule 4(2) has to be construed and considered as mandatory, otherwise the object and purpose of the Act, 1972 and the Rules, 2003 shall be frustrated. (Para 5) Vishalakshi Amma v. State of Kerala, 2023 LiveLaw (SC) 215 : (2023) 2 SCR 1081 : 2023 INSC 255

Wildlife (Protection Act), 1972 - Declaration of Wild Life Stock Rules, 2003 - Once a person in control, custody or possession of any wildlife animal or wildlife animal article, fails to file such declaration and/or fails to make any application within the stipulated time mentioned in Rule 4(2) then the bar/rigour under Section 40 shall be applicable and the ownership of such wildlife animal article of which the declaration is not made shall vest in the Government/forest department. (Para 5.1) Vishalakshi Amma v. State of Kerala, 2023 LiveLaw (SC) 215 : (2023) 2 SCR 1081 : 2023 INSC 255