Tag: Environmental Law

Supreme Court Sets Aside NGT Order, Rules Tribunal Can’t Outsource Its Decision-Making to Committees
6Oct By The Legal ChamberNo Comments
Supreme Court

Supreme Court Sets Aside NGT Order, Rules Tribunal Can’t Outsource Its Decision-Making to Committees

This Supreme Court judgment underscores that the National Green Tribunal must adhere to statutory procedures and principles of natural justice when passing adverse orders. The Supreme Court set aside the NGT's orders, holding that imposing environmental compensation without making the appellant a party, providing a hearing, or following the mandatory sampling process under the Water Act, 1974, renders the decision illegal and void. Facts Of The Case: The case originated from a complaint filed before the National Green Tribunal (NGT) alleging that M/s Triveni Engineering and Industries Ltd. was discharging untreated effluent from its Muzaffarnagar sugar mill, contaminating the local groundwater. The NGT constituted a Joint Committee to inspect the unit. Based on the Committee's reports, w...
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Supreme Court Modifies Order: Pre-1996 Encroachments on Forest Land Spared from Eviction
26Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Modifies Order: Pre-1996 Encroachments on Forest Land Spared from Eviction

The Supreme Court modified its earlier order concerning forest land regularization. It declined to exempt small fragmented land parcels from being declared as protected forest but clarified the state could utilize them for purposes under Section 3(2) of the Forest Rights Act, 2006, following due procedure. The Court also allowed a one-time exemption for pre-December 1996 encroachments on specified categories of land, as recommended by the Central Empowered Committee. Facts Of The Case: The case originates from the landmark Godavarman Thirumulpad vs. Union of India case (W.P.(C) No.202 of 1995), which deals extensively with forest conservation across India. Within this ongoing litigation, an Interim Application (I.A. No.12465/2019) was filed concerning the classification and treatme...
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Explained: The Supreme Court’s Landmark Ruling on Sand Mining and Environmental Clearance
26Sep By The Legal ChamberNo Comments
Supreme Court

Explained: The Supreme Court’s Landmark Ruling on Sand Mining and Environmental Clearance

This Supreme Court judgement reaffirms that a valid District Survey Report (DSR), prepared under the EIA Notification, 2016, is mandatory for granting environmental clearance for sand mining. The Supreme Court held that a DSR is legally untenable without a scientific replenishment study, as it forms the foundational basis for determining sustainable extraction limits and ensuring ecological balance. Facts Of The Case: The case originated from the grant of an Environmental Clearance (EC) for sand mining in three blocks on the Shaliganga Nallah in Jammu & Kashmir. The project proponent, contracted by the National Highway Authority of India for a Srinagar ring road, applied for the EC. Initially, the J&K Expert Appraisal Committee (EAC) rejected the proposal in January 2022, citing ...
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Supreme Court Slashes NGT’s ₹50 Crore Fine, Rules Turnover Can’t Dictate Environmental Penalty
25Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Slashes NGT’s ₹50 Crore Fine, Rules Turnover Can’t Dictate Environmental Penalty

In this judgment, the Supreme Court curtailed the National Green Tribunal's (NGT) powers, ruling that environmental compensation cannot be arbitrarily linked to a polluter's turnover, lacking a direct nexus to the actual damage. It also held that the NGT lacks jurisdiction to direct investigations by the Enforcement Directorate under the PMLA, affirming that such actions require a scheduled offence to be registered. The Court emphasized that penalties must be determined based on established methodologies and legal principles, not rhetoric. Facts Of The Case: The case originated from a Public Interest Litigation (PIL) filed by Adil Ansari before the National Green Tribunal (NGT) in 2019 against M/s C.L. Gupta Export Ltd. The allegations were that the company, an exporter of handicraft ite...
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Supreme Court Backs Government’s 2025 Notification, Says No Special Treatment for Educational & Industrial Buildings
5Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Backs Government’s 2025 Notification, Says No Special Treatment for Educational & Industrial Buildings

The Supreme Court upheld the 2025 EIA Notification, ruling that General Conditions under the 2006 Notification never applied to building and township projects. It affirmed that State-level expert bodies (SEIAA) are competent to appraise such projects. However, the exemption for industrial and educational constructions was struck down as arbitrary. Facts Of The Case: The writ petition challenged the constitutional validity of the notification dated 29th January 2025 and an Office Memorandum dated 30th January 2025, both issued by the Ministry of Environment, Forest and Climate Change (MoEF&CC). The petitioner, an environmental organization, argued that the new notification fundamentally diluted the environmental regulatory regime established by the original 2006 EIA Notification. The ...
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Supreme Court Empowers Pollution Boards to Levy Environmental Damages
5Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Empowers Pollution Boards to Levy Environmental Damages

The Supreme Court held that Pollution Control Boards can impose restitutionary and compensatory damages, including ex-ante bank guarantees, under Sections 33A and 31A of the Water and Air Acts. This power is distinct from punitive penalties and is grounded in the 'Polluter Pays' principle to remediate environmental damage. Facts Of The Case: The Delhi Pollution Control Committee (DPCC) issued show cause notices in 2006 to multiple entities, including residential and commercial complexes, for operating without the mandatory "consent to establish" and "consent to operate" under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981. As a condition for granting consent, the DPCC demanded the payment of fixed sums a...
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Parallel Proceedings Lead to Heavy Costs: Supreme Court Slams Appellant for Hiding Facts, Upholds Environmental Compliance
8Aug By The Legal ChamberNo Comments
Supreme Court

Parallel Proceedings Lead to Heavy Costs: Supreme Court Slams Appellant for Hiding Facts, Upholds Environmental Compliance

The Supreme Court dismissed the appeals, upholding the NGT's decision that the petrol pump complied with environmental norms under CPCB guidelines. It imposed costs of ₹50,000 for suppressing parallel proceedings before the High Court, emphasizing judicial integrity. The Court clarified that challenges under state municipal laws remain open for independent adjudication. Facts Of The Case: The case involved a dispute over the construction of a petrol pump by Reliance BP Mobility Ltd. on Khasra No. 109/1/2 in Bhopal, Madhya Pradesh. The appellants, including Arun Kumar Sharma and others, challenged the project before the National Green Tribunal (NGT), alleging violations of environmental guidelines, including improper distance from residential areas, schools, and hospitals as per CPCB norm...
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Balancing Ecology & Development : Supreme Court’s Verdict on Mumbai’s Khajuria Lake Case
14Jun By The Legal ChamberNo Comments
Supreme Court

Balancing Ecology & Development : Supreme Court’s Verdict on Mumbai’s Khajuria Lake Case

The Supreme Court, overturning a High Court order, ruled that restoring a demolished lake to its original state was not feasible given the passage of time and the establishment of a public park. The Court balanced environmental conservation with public welfare, emphasizing that the public trust doctrine must consider practical realities. It directed the Municipal Corporation of Greater Mumbai (MCGM) to maintain the park, explore alternative water bodies, and restore other deteriorated water bodies. Facts Of The Case: The Municipal Corporation of Greater Mumbai (MCGM) undertook a redevelopment project on a plot (CTS No. 417) at Khajuria Tank Road, Kandivali (West), Mumbai, for a theme park. This project allegedly led to the obliteration of a lake that had existed at the premises for app...
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Chandigarh High Court Gets Parking Upgrade: Supreme Court Approves Eco-Friendly Green Pavers
13Jun By The Legal ChamberNo Comments
Supreme Court

Chandigarh High Court Gets Parking Upgrade: Supreme Court Approves Eco-Friendly Green Pavers

The Supreme Court upheld the High Court's directions for constructing a verandah at Chandigarh's High Court (a UNESCO World Heritage Site) and laying green paver blocks in a parking area, emphasizing sustainable development over strict adherence to heritage guidelines in this context. The Court found the verandah would not significantly impact the site's "Outstanding Universal Value" and the pavers were an eco-friendly solution for parking shortages. Contempt proceedings against the Chandigarh Administration were abated for twelve weeks to allow compliance. Facts Of The Case: The Chandigarh Administration (CA) appealed against orders issued by the High Court of Punjab and Haryana at Chandigarh in a public interest litigation. The High Court had issued a writ of mandamus on November 29, 2...
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Supreme Court Verdict on Delhi Ridge : DDA Must Pay for Environmental Damage in Delhi Ridge Case
13Jun By The Legal ChamberNo Comments
Supreme Court

Supreme Court Verdict on Delhi Ridge : DDA Must Pay for Environmental Damage in Delhi Ridge Case

The Supreme Court held the Delhi Development Authority (DDA) in contempt for wilfully disobeying its 1996 order prohibiting tree felling in the Delhi Ridge and for concealing this action from the court. The Court emphasized that such conduct obstructs the administration of justice and undermines the Rule of Law, necessitating remedial measures to purge the contempt. Facts Of The Case: This contempt petition before the Supreme Court of India stems from the Delhi Development Authority's (DDA) alleged wilful disobedience of the Court's 1996 order in M.C. Mehta v. Union of India, which mandated the preservation of the ecologically sensitive Delhi Ridge. The DDA sought approval for constructing approach roads to the Central Armed Police Forces Institute of Medical Sciences (CAPFIMS), entailin...
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