Tag: sustainable development

Supreme Court Takes Charge: Major Order to Save Rajasthan’s Polluted Rivers
10Feb By The Legal ChamberNo Comments
Supreme Court

Supreme Court Takes Charge: Major Order to Save Rajasthan’s Polluted Rivers

The Supreme Court affirmed that the right to life under Article 21 encompasses a pollution-free environment. Criticizing prolonged state inaction, the Court modified an interim stay on NGT orders to allow enforcement of remedial measures. It constituted a High-Level Oversight Committee to ensure time-bound implementation, underscoring the constitutional duty to protect public health and ecology. Facts Of The Case: The case originated from severe and long-standing industrial and sewage pollution in the Jojari, Bandi, and Luni river system in Rajasthan, endangering the health and livelihoods of nearly two million people. The Supreme Court took suo moto cognizance in September 2025 based on a documentary highlighting the crisis. This matter was clubbed with several pending civil appeals aga...
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Supreme Court Approves New Definition of Aravali Range, Bans New Mining Pending Study
7Feb By The Legal ChamberNo Comments
Supreme Court

Supreme Court Approves New Definition of Aravali Range, Bans New Mining Pending Study

The Supreme Court, while accepting a committee's operational definition of the Aravali Hills and Ranges for mining regulation, directed the preparation of a Management Plan for Sustainable Mining. This plan must identify conservation zones and permissible mining areas based on ecological carrying capacity. The Court ordered that no new mining leases be granted until this scientific study is finalized, balancing environmental protection with regulated mining activities. Facts Of The Case: The case originated from issues raised in the long-standing writ petition, T.N. Godavarman Thirumulpad v. Union of India, concerning the conservation of forests. A specific question arose before the Supreme Court in January 2024 regarding whether certain mining activities in Rajasthan fell within the leg...
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Key Ruling: Supreme Court Upholds NGT’s Decision, Stresses Strict Timelines for Environment Appeals
7Feb By The Legal ChamberNo Comments
Supreme Court

Key Ruling: Supreme Court Upholds NGT’s Decision, Stresses Strict Timelines for Environment Appeals

The Supreme Court held that for calculating limitation under Section 16(h) of the NGT Act, 2010, the period commences from the earliest date of communication of the environmental clearance by any duty bearer. The obligation to communicate rests on multiple authorities, and limitation is triggered upon the first clear and complete public communication. Facts Of The Case: The appellant, Talli Gram Panchayat, sought to challenge an Environmental Clearance (EC) granted on January 5, 2017, for a limestone mining project in Gujarat. The Panchayat filed an appeal before the National Green Tribunal (NGT) under Section 16(h) of the NGT Act, 2010, but the appeal was delayed. It contended that it first learned of the EC through a Right to Information reply received on February 14, 2017, and t...
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Supreme Court Allows Ex-Post Facto Environmental Clearance: A Major Shift in Environmental Law
6Feb By The Legal ChamberNo Comments
Supreme Court

Supreme Court Allows Ex-Post Facto Environmental Clearance: A Major Shift in Environmental Law

The Supreme Court, in a review petition, reversed its earlier judgment by allowing the recall of the ban on ex-post facto environmental clearances. The Court ruled that the Environment (Protection) Act, 1986 does not absolutely prohibit such clearances and that they may be granted in exceptional cases after applying the principle of proportionality and the polluter pays principle. The bench emphasized that a balanced approach, weighing ecological damage against economic and public interest, must be adopted. Facts Of The Case: The case originates from legal challenges to a 2017 notification and a 2021 office memorandum issued by the Ministry of Environment, Forest and Climate Change (MoEF&CC). These instruments created a framework for granting ex-post facto Environmental Clearance (EC...
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Supreme Court Directs Statutory Protection for Delhi Ridge to Curb Encroachments
31Jan By The Legal ChamberNo Comments
Supreme Court

Supreme Court Directs Statutory Protection for Delhi Ridge to Curb Encroachments

This Supreme Court judgment directs statutory reconstitution of the Delhi Ridge Management Board under the Environment (Protection) Act, 1986, to function as a single-window authority. It mandates the Board to ensure the protection, removal of encroachments, and ecological restoration of both the notified Ridge and the Morphological Ridge, with oversight by the Central Empowered Committee and the Supreme Court. Facts Of The Case: The case concerns the long-standing litigation over the protection and management of the Delhi Ridge, a vital ecological area within the National Capital Territory. The primary legal proceedings originate from Writ Petition (C) No. 202 of 1995 (T.N. Godavarman Thirumulpad v. Union of India) and connected matters. The Supreme Court was tasked with adjudicat...
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Commercial vs. Residential Use: Supreme Court Decides on Delhi Market Plot Dispute
17Jan By The Legal ChamberNo Comments
Supreme Court

Commercial vs. Residential Use: Supreme Court Decides on Delhi Market Plot Dispute

In a significant order, the Supreme Court clarified the legal framework governing the use of upper floors in designated Local Shopping Centres (LSCs) in Delhi. The Court held that while the ground floor is permitted for commercial use, utilizing upper floors for commercial purposes requires payment of conversion charges and regularization of any unauthorized construction as per the Master Plan for Delhi-2021 and relevant building bylaws. Facts Of The Case: This case concerns an application for the de-sealing of a commercial premise at Plot No. 106 in New Rajinder Nagar Market, New Delhi. The applicant, M.C. Mehta, filed an Interlocutory Application (I.A.) in the long-standing Public Interest Litigation (W.P.(C) No. 4677 of 1985) concerning unauthorized constructions and land misu...
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Public Trust Doctrine Extended: Supreme Court Says Man-Made Lakes Must Also Be Protected for Public Good
29Nov By The Legal ChamberNo Comments
Supreme Court

Public Trust Doctrine Extended: Supreme Court Says Man-Made Lakes Must Also Be Protected for Public Good

The Supreme Court ruled that a man-made lake constructed for irrigation is not a statutory "wetland" under the 2017 Rules, exempting it from a complete ban on permanent construction. However, the Court applied the Public Trust Doctrine, extending its protection to such artificial water bodies and prohibiting permanent structures to ensure ecological balance and public use. Facts Of The Case: The appellant, Swacch Association, an environmental organization, filed a Public Interest Litigation before the Bombay High Court challenging various construction and recreational projects in and around the Futala Lake in Nagpur. The association argued that the lake was a protected 'wetland,' and that the construction of a Viewer's Gallery on its bank, the installation of a Musical Fountain and an ar...
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Central vs. State Green Authority: Supreme Court Settles the Jurisdiction Debate for Builders
4Nov By The Legal ChamberNo Comments
Supreme Court

Central vs. State Green Authority: Supreme Court Settles the Jurisdiction Debate for Builders

In a significant ruling, the Supreme Court upheld the validity of the 2025 EIA Notification, clarifying that the "General Conditions" under the EIA 2006 Notification do not apply to building and construction projects. Consequently, such projects will continue to be appraised and granted environmental clearance by State-level authorities (SEIAA/SEAC) and not be automatically elevated to the Central level for approval. Facts Of The Case: The case originated from an order dated 09.08.2024 passed by the National Green Tribunal (NGT). The NGT had directed that all building and construction projects falling within 5 km of protected areas, critically polluted areas, or other eco-sensitive zones must be treated as ‘Category A’ projects. This meant they would require environmental clearance from ...
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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 Orders End to ‘Forced Labour’ in Matheran, Directs Rehabilitation Scheme
6Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Orders End to ‘Forced Labour’ in Matheran, Directs Rehabilitation Scheme

The Supreme Court prohibited hand-pulled rickshaws in Matheran, declaring the practice a violation of Article 23 of the Constitution as it constitutes forced labour and offends human dignity. It directed the state to rehabilitate pullers by providing e-rickshaws through a welfare scheme, balancing ecological concerns with the constitutional mandate of social and economic justice. Facts Of The Case: The case concerns the eco-sensitive hill station of Matheran in Maharashtra, renowned as a pedestrian-only zone. The primary issues involved whether paver blocks could be laid on the main road to prevent soil erosion and if hand-pulled rickshaws, a long-standing mode of transport, could be replaced with battery-operated e-rickshaws. The state government and the Matheran Municipal Council...
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