Environmental Law Weekly Round-Up [12 June-19 June,2023]

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

Nominal Index

1. Shailendra Kumar Yadav v.State of H.P.
2. Prof Dr Sanjeev Bagai & ORS. v. Dept Of Environment GNCTD Through its Principal Secretary (Environment and Forest) & ors|Citation: 2023 LiveLaw (Del) 516
3. Akash Vashishtha v. State of Uttarakhand & Ors.
4. New India Assurance Co Ltd. v. Himanshu Sharma &Ors.
5. Court on Its Own Motion Vs UT of J&K & Ors

National Green Tribunal

1.Declining Snowfall In Himachal’s Kufri: NGT Seeks Centre And State Govt. Response On Environmental Degradation Found By Joint Committee

Case Title: Shailendra Kumar Yadav v.State of H.P.

Observing that the joint Committee has found several violations causing damage to the environment which includes degradation of natural vegetation in Kufri,the National Green Tribunal (NGT) has directed MoEF&CC as well as the Himachal Pradesh Government to comment on the report.

“After going through the said report, we find that comments of MoEF&CC as well as Government of HP through Additional Chief Secretaries/ Principal Secretaries, Tourism as also Environment, need be obtained for the purpose of implementation of the report, if in principle they agree with the recommendation in the report, and/or, if they have any objection the same be also be placed before Tribunal, We, accordingly issue notice to MoEF&CC and also Government of HP through Additional Chief Secretary/ Principal Secretary, Tourism as also Environment,”said the bench Justice Sudhir Agarwal, Dr. A.Senthil Vel.

High Courts

2.No Pruning Of Trees Will Be Permitted In Delhi Except In Accordance With Delhi Preservation of Trees Act: Delhi High Court

Title: Prof Dr Sanjeev Bagai & ORS. v. Dept Of Environment GNCTD Through its Principal Secretary (Environment and Forest) & ORS.

Citation: 2023 LiveLaw (Del) 516

The Delhi High Court has set aside the Delhi Government’s Guidelines permitting regular pruning of branches of trees with girth upto 15.7 cm without prior permission of the Tree Officer.

“In view of the above, no pruning of trees will be permitted in Delhi except in accordance with the DPT Act. It will be open to the respondents to frame guidelines and/or rules as may be requisite,” Justice Najmi Waziri said in an order passed on May 29 a copy of which was made available today.

3.Completely Unacceptable': Uttarakhand High Court Raps State For Failing To Prepare Tourism Development Plan For Doon Valley

Case Title: Akash Vashishtha v. State of Uttarakhand & Ors.

The Uttarakhand High Court has directed the State to explain its inaction in preparing the Tourism Development Plan (TDP) for Doon Valley — a responsibility entrusted to the State Department of Tourism by the Central Government in 1989.

The purpose of preparation of TDP was to impose restrictions in relation to the activity of tourism in the Doon Valley.

“This situation is completely unacceptable, as the failure on the part of the State Department for Tourism in preparing the TDP defeats the statutory Notification, issued by the Central Government under Section 3(2)(v) of the Environment (Protection) Act, 1986, and Rule 5(3)(d) of the Environment (Protection) Rules, 1986,” said the division bench of Chief Justice Vipin Sanghi and Justice Rakesh Thapliyal.

4.Delhi High Court Orders Plantation Of At least 10,000 Trees To Utilise Money Recovered From Defaulting Litigants

Case Title: New India Assurance Co Ltd. v. Himanshu Sharma &Ors.

The Delhi High Court has issued an order for plantation of at least 10,000 trees to utilise over Rs 80 lakh that were deposited in the court as costs imposed on the defaulting parties in different cases including contempt and writ petitions.

“These monies are to be utilized for larger public good. Plantation of trees is one such exercise which the court would consider because trees, for as long as they are alive, be it for decades or for centuries, would incessantly and silently provide multiple benefits to the city; provided however, that people and the land- owning agencies do not interfere in or hinder their growth,”said Justice Najmi Waziri.

5.Jammu & Kashmir And Ladakh High Court Allows Raising Of Temporary Structures In Sonamarg For Amarnath Yatra

Case Title: Court on Its Own Motion Vs UT of J&K & Ors

The High Court of Jammu and Kashmir and Ladakh has granted approval for construction of temporary structures in and around Sonamarg, a popular tourist destination, for the annual Amarnath Yatra.

A division bench of Chief Justice N Kotiswar Singh and Justice Moksha Khajuria Kazmi said the temporary structures be demolished on completion of the Yatra by restoring the earlier position in the field.