World Environment Day Special: Recent Developments In Environmental Law Jurisprudence

On this special occasion of World Environment Day, we delve into the realm of environmental law jurisprudence to explore the latest developments that have taken place in this field.

The article uncover the latest trends and explore the transformative power of environmental law jurisprudence in building a more sustainable future for generations to come.Let us celebrate the progress made and reflect on the immense work that lies ahead to protect and preserve our precious environment.

Environment Protection

Supreme Court Issues Directions For Installation Of Vapour Recovery System In Retail Petroleum Outlets

In M/s Indian Oil Corporation Ltd vs VBR Menon and othersThe Supreme Court had directed that all the retail petroleum outlets located in cities having population of more than 10 lakh and having turn over of more than 300 KL/Month shall install the Vapour Recovery System(VRS) mechanism. The Court ordred that it should be done within the fresh time line prescribed in the circular issued by the Central Pollution Control Board on June 4, 2021.

CRZ Notification 2011 : Storage Facility For Edible Oil Not Allowed Outside Port Area; Supreme Court Affirms Quashing Of Post-Facto Clearance

In K.T.V. Health Food Private Limited v. Union of India And Ors,the Supreme Court noted that the word ‘within’ used for CRZ-I and ‘in’ used for CRZ-II in the CRZ Notification of 2011 cannot be interpreted to include what is outside the port areas. It is pertinent to note that in CRZ-I, the “storage of edible oil inter alia is permitted within the notified ports” and in CRZ-II, the storage of non-hazardous cargo such as edible oil, fertilizers and foodgrain is permitted ‘in notified ports’, the Court said.

NGT Directs NHAI To Pay 2 Crore Compensation For Violation Of ‘Green Highway Policy,2015’ .

In Prem Prakash Prajapati v. Project Director, PIU Sonipat & Ors.,National Green Tribunal (NGT)directed the National Highways Authority of India(NHAI) to pay compensation of 2 crore to PCCF,Haryana for non compliance of environmental obligation and violation of Guidelines of Ministry of Road Transport and Highways titled ‘Green Highways, Policy, 2015’ for plantation, transportation, beautification and maintenance.

In View Of Brahmapuram Fire, Kerala High Court Vacates Stay On NGT Directions To Cochin Corporation

In Corporation Of Cochin V Jith Kumar and Others ,due to the outbreak of massive fire at the Brahmpauram waste dumping yard, the Kerala High Court lifted the previously granted stay from 2018 on the directives issued by the National Green Tribunal to the Cochin Corporation. In October 2018, the NGT had fined the Cochin Corporation Rs. 1 Crore for its failure to promptly establish a solid waste treatment facility at Brahmapuram in compliance with the Solid Waste Management Rules of 2016.

De-silting Of Dams Not Exempted From Obtaining Prior Environment Clearance: NGT Imposes ₹50 Crores Penalty On Karnataka Irrigation Department

In Sarvabhoum Bagali v. State of Karnataka and others, The NGT, South Zone has imposed a penalty of 50 crore rupees on the Irrigation Department of Karnataka for conducting mining activities in Adyapadi and Shamburu Dams in the Dakshin Kannada District without obtaining environmental clearance, in violation of the Environmental Impact Assessment (EIA) Notification of 2006.

NGT Imposes Rs. 10 Crore Compensation On Kerala For Failing To Protect Ramsar Sites

In Krishna Das K V v. State of Kerala,NGT has imposed a compensation of 10 crore on Kerala for its failure to protect Ashtamudi Wetland and Vembanad-Kol Wetland, which are Ramsar sites in Kollam district of Kerala.

The Tribunal said, “The State cannot plead helplessness in implementing guaranteed rights of the citizens and also in taking stringent measures for protection of environment and public health”.

NGT Directs Joint Committee To Ensure Proper Utilization Of Water During Metro Rail Construction

In Harpal Singh Rana & Anr. v. State of Uttarakhand & Ors,NGT has directed a joint committee to take remedial measures and execute an action plan to ensure proper utilization of water that is wasted during the construction of Metro Rail in Delhi, Jaipur, and Mumbai.

Ban Crackers, Loud Sound In The ESZ Of Fatehsagar Lake Area In Rajasthan: National Green Tribunal

In Anil Mehta v. State of Rajasthan & Ors. NGT has directed the Municipal Corporation to enforce the recommendations of the expert committee on checking noise pollution near Fatehsagar lake and the eco-sensitive zone of Sajjangarh Wildlife Sanctuary in Rajasthan.

These recommendations include banning firecrackers and prohibiting the use of DJ sound systems in marriage processions.

It was also recommended that the lakeside hotels at Fatehsagar install a continuous ambient noise level meter. This should be done in consultation with RSPCB and connected by online CCTV to an application so that information about the noise level is publicly available.

NGT Directs Personal Appearance Of MP Principal Secretary And Other Top Authorities In Narmada River Pollution Case

In Samayak Jain & Ors. v. State of Madhya Pradesh & Ors,NGT had directed the personal appearance of Principal Secretary, Vice Chairman of the Narmada Valley Development Authority, Bhopal and other top authorities of Madhya Pradesh in the Narmada River pollution case, considering it important to assist the tribunal in the just and proper adjudication of the questions involved in the matter.

The bench said that, “The proceedings before this Tribunal cannot be treated as part of adversarial litigation where the concerned respondents/defendants may opt out to remain absent and suffer ex-parte proceedings. On the other hand, the State and its instrumentalities are under constitutional and statutory obligations to ensure compliance with environmental norms and, therefore, the State and its instrumentalities have to ensure submission of their replies/response with relevant details and also their representation through duly authorised representatives/Counsel before this Tribunal.”

National Green Tribunal Directs Central Pollution Control Board To Prepare SOP For Establishment Of Petrol Depots

In Yodh Bdr. Thapa v. BPCL & ors.The Eastern Zone bench of NGT has directed the Central Pollution Control Board to prepare a Standard Operating Procedure SOP for establishment of petrol depots, on finding that there is no SOP with regard to the establishment of petrol depots apart from petrol pumps or retail outlets.

NGT Quashes Environmental Clearance Given To Andhra Pradesh’s Avulapalli Reservoir, Imposes 100 Cr Penalty On Govt

In Gutha Gunasekhar & ors. v. UOI & ors.Setting aside the Environmental Clearance granted to Avulapalli Reservoir in Andhra Pradesh by State-Level Environmental Impact Assessment, the NGT had imposed a Rs.100 Crore penalty on the State's Water Resource Department.The penaly was later stayed by the Supreme Court.

Victimization Of Trees: Delhi High Court Sentences Two Senior PWD Officers For Contempt Of Court

In New Delhi Nature Society v. Rajesh Bansal & Ors,The Delhi High Court sentenced two senior officers of the PWD to imprisonment after they were held guilty of contempt of court last year for not following judicial orders with regard of protection of trees.Justice Najmi Waziri sentenced the Engineer-in-Chief and Executive Engineer of PWD to four and two months in jail respectively, along with fine of Rs. 2000 each.

The court had earlier directed the PWD to "exercise due caution apropos all its ongoing civil works as well as for all future projects."

NGT Forms Committee On Alleged Violation Of Environmental Norms At Delhi CM Arvind Kejriwal’s Official Residence, Seeks Report

In Naresh Chaudhary v.UOI &Ors.NGT constituted a joint Committee comprising Delhi Chief Secretary, Principal Secretary (Environment & Forest), a nominee of Delhi Urban Art Commission and District Magistrate, North, to ascertain the factual position about alleged violation of environmental norms at the residence of Delhi Chief Minister Arvind Kejriwal.

Illegal Felling Of Trees In Corbett Tiger Reserve: NGT Directs MoEF & CC To File Action Taken Report

The NGT had directed the MoEF & CC to file an action taken report in the matter of felling 6000 trees illegally in Corbett Reserve .

Brahmapuram Fire | 'Right to Clean Air Basic Human Right' : Kerala High Court Seeks Detailed Plan For Solid Waste Management

The Kerala High Court took note of the plan of action that had been formulated for immediate short term and long term measures for due implementation of the Solid Waste Management and Handing Rules, 2016, by the authorities, in the wake of fire at Brahmapuram Solid Waste Management Plant.

[Brahmapuram Fire] NGT Imposes ₹100 Crore Fine On Kochi Corporation For Continued Neglect Of Its Duties

In the Brahmapuram fire case, The NGT came down heavily on Kerala state authorities for their failure to manage waste effectively at the Brahmapuram waste dumping yard, which led to a major fire outbreak on March 2 with devastating consequences.

The NGT imposed a fine of Rs. 100 crore on the Kochi Municipal Corporation for the continued neglect of its duties with regard to the site. This amount is to be directed towards appropriate remediation measures for the damage cause by the fire and for addressing public health concerns.

Plastic Coated Papers Come Within Ambit Of Notification Banning Single-Use Plastic Items: Rajasthan High Court

Observing that single-use plastic items incarnate the alarmingly rising throwaway culture in our society, the Rajasthan High Court has held that ‘plastic coated with paper’ will come within the ambit of notification banning single-use plastic items under Plastic Waste Management Rules of 2016. The 'plastic laminated paper' is used as raw material for laminated paper cups.

Wildlife

Supreme Court Disapproves Of Building Zoos Inside Tiger Reserves; Stops Constructions Within Core Areas Of National Parks, Wildlife Sanctuaries

In In Re: T.N. Godavarman Thirumulpad v. Union of India & Ors in response to the controversy surrounding the Uttarakhand government's plan to construct animal enclosures within the Jim Corbett National Park, Supreme Court took a stern action. It decided to halt all construction activities in the core areas of tiger reserves, national parks, and wildlife sanctuaries.

Supreme Court Forms Committee To Oversee Transfer/Import Of Wild Animals In India

In Muruly MS v State of Karnataka, the Supreme Court had expanded the authority of a High-Powered Committee established by the High Court of Tripura to regulate the transfer or import of wild animals throughout India. This decision granted the committee jurisdiction on a nationwide scale, allowing it to oversee and make decisions regarding the movement of wildlife across the country.

Elephants Should Get Required Rest: Kerala High Court Directs State To Produce Plan For Deployment Of Elephants During Festive Season

In Society for Elephant Welfare case, The Kerala High Court has directed the Government to place on record a mechanism supported by a statutory scheme for the practical and convenient deployment of elephants during festive season.

The Court had sought the calendar for each elephant to be used by the temple or organization to be provided therewith, so that the elephant gets the required rest and recuperation between one festivity and another.

Madras High Court Judge Personally Inspects Health Condition Of 60-Yr-Old Captive Elephant, Suggests Measures

In another case, The Madras High Judge had personally inspected the health condition of a 60-year-old captive elephant.The court was hearing a petition moved by an animal rights activist claiming that the elephant Lalitha was in need of medical aid.The court further directed Dr. Kalaivanan to submit a comprehensive report regarding the dietary and medical treatment of the elephant.

Supreme Court Asks Centre To Ascertain Number Of Tiger Deaths In Recent Past

The Supreme Court expressed concern over rising Tiger death reports in the newspaper and ordered the Central government to ascertain the number of deaths of tigers in the country in the recent past.

Can There Be A 'Project Great Indian Bustard' Like 'Project Tiger'? Supreme Court Asks Centre

In relation to the protection of the Great Indian Bustard, a Supreme Court bench led by CJI DY Chandrachud asked the Attorney General for India R Venkatramani to take instructions from the Ministry of Forest and Environment on whether it was possible to have a 'Project Great Indian Bustard' in a manner similar to the 'Project Tiger'.

Supreme Court Expresses Concern About Unregulated Visits Of Devotees In Places Of Worship Situated In National Parks & Sanctuaries

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 many of the forests in such Protected Areas, certain places of worship are situated where the devotees come in thousands and lakhs. On one hand, it is not possible for the administration to restrain such devotees from visiting the places of worship. On the other hand, such uncontrolled visits of the devotees results in problems with the management of such Protected Areas", a bench comprising Justices BR Gavai and Vikram Nath observed.

Concerned At Deaths Of 3 Cheetahs In Kuno, Supreme Court Asks Centre To Explore Alternate Sites

The Supreme Court asked the Centre to consider if the newly-introduced cheetahs in the country can be spread over and not be confined in one place.

“Kuno is not sufficient to accommodate…look for an alternative, either in Madhya Pradesh or Rajasthan. Whatever terrain is possible. You should be more interested in Rajasthan. I would be happy if it is Maharashtra”, the Bench observed while adding that ‘party-politics’ shouldn’t brought into these matters.

Day After Female Cheetah ‘Sasha’ Dies, Supreme Court Seeks Qualifications Of Experts On Environment Ministry’s Task Force

A day after the death of Sasha, a female Cheetah brought from Namibia and released in Madhya Pradesh’s Kuno, the absence of experts in the Cheetah Task Force was brought to the notice of Apex Court. The four-and-a-half-year-old feline died on March 27 due to renal failure less than a year after she was translocated to the Kuno National Park, along with seven other cheetahs.The Court said,“We request the learned Additional Solicitor-General to place on record the details, on an affidavit, with regard to the qualification and experience of the members of the task force and also specify as to which of the members possess an expertise in cheetah management within two weeks.”

Kerala High Court Constitutes Expert Committee To Address Issue Of Human-Animal Conflicts, Restoration Of Wildlife Corridors

The Kerala High Court constituted an Expert Committee to aid and advise regarding the short-term and long-term measures to address the problem of human-wildlife conflict, restoration of wildlife habitats, restoration of wildlife corridors and matters incidental to it.

Can't Declare Entire Animal Kingdom As Legal Entity With Same Rights As Humans : Supreme Court Dismisses PIL

The Supreme Court dismissed a Public Interest Litigation (PIL) seeking for declaration of the entire animal kingdom, including avian and aquatic species, as "legal entities" having a distinct persona with corresponding rights of a living person.

Compensation

NGT Orders Compensation For Deaths Of Children In West Bengal's Illegal Mining Case

In a suo moto cognizance taken by NGT, it ordered compensation of 20 lakhs to each of the heirs of three deceased persons, including two 15-year-old children, and 5 lakhs to the injured who were engaged in illegal mining activities on the Balason river bed in Siliguri,West Bengal.

Two children, along with a 20-year-old person, were crushed to death while illegally loading sand onto a truck in the Balason river bed in Siliguri on promise to pay 350 rupees each per truck.

NGT Orders Additional Ten Lakh Compensation To Kin Of Deceased in Gujarat Pharma Explosion

In Gujarat Pharma explosion case, NGT had awarded compensation of ten lakhs rupees to the victims of the incident.The bench rejected the argument that the NGT is barred from granting compensation to the workmen under Section 17 of the NGT Act, 2010, on the basis that they are eligible for compensation under the Workmen Compensation Act, 1923.

A compensation amount of ten lakh were already disbursed so the tribunal ordered an amount of further ten lakh.

Ludhiana Gas Leak: NGT Directs DM To Pay Rs 20 Lakh Compensation To Kin Of Deceased, Forms Fact Finding Committee

In Ludhiana Gas Leak Tragedy,The National Green Tribunal (NGT) has constituted the eight member fact-finding joint Committee to be headed by Chairman, Punjab State PCB in the Ludhiana gas leak case.

The Tribunal has also directed the District Magistrate of Ludhiana to pay compensation of Rs. 20 lakhs each to the heirs of 11 deceased in the tragedy.

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

In Conservation Action Trust & Ors. v.MoeFCC, 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.

NGT Imposes 4000 Crore Compensation On Bihar For Failure To Scientifically Manage Waste

In In re Compliance of Municipal Solid Waste, NGT had imposed Rs.4000 crore compensation on Bihar on polluter pays principle for its failure in scientifically managing the liquid and solid waste in violation of mandate of law, Supreme Court and NGT guidelines.

The Tribunal opined that there was a gap in sewage management of “more than 2000 MLD” and a legacy waste of more than 11.74 lakh metric tonnes as well as unprocessed urban waste of 4072 metric tonnes per day.

Bastar Limestone Mine Collapse : NGT Directs DM To Pay Rs 16 Lakh Compensation To Kin Of Deceased

In the Bastar Limestone Collapse case, NGT has directed the District Magistrate of Bastar to disburse Rs. 16 lakhs to the heirs of each of the deceased who died in the Bastar Limestone collapse in 2022, in addition to Rs. 4 lakhs which have already been paid.The Tribunal has also directed that Rs. 2 lakhs each be paid to the injured within one month.

Legislations On Environment

Declarants Of Exotic Live Species As Per 2020 MoEFCC Advisory Immune From Prosecution Under Wild Life Act & Future Amendments : Supreme Court

In Swetab Kumar v. Ministry of Environment, Forest And Climate Change and Ors, the Apex Court clarified that individuals who have made a declaration of ownership of 'exotic live species' in accordance with the 2020 advisory issued by the Ministry of Environment, Forest and Climate Change are immune from prosecution under the Wild Life (Protection) Act of 1972 or action under any future laws or amendments.

Centre Introduces Forest (Conservation) Amendment Bill,2023

The central government introduced the Forest (Conservation) Amendment Bill, 2023, which seeks to amend certain provisions under the Forest (Conservation) Act, 1980.

The Bill acknowledges that the Forest (Conservation) Act, 1980 has presented new challenges in terms of ecological, social, and environmental developments. These include mitigating the effects of climate change, reaching national Net Zero Emission targets by 2070, and maintaining or enhancing forest carbon stocks at both national and international levels.

Joint Committee On The Forest (Conservation) Amendment Bill, 2023 Invites Suggestions From Public And Stakeholders On Proposed Law

The Joint Committee of Parliament on the Forest (Conservation) Amendment Bill, 2023, headed by Rajendra Agrawal, M.P., has released a notice inviting suggestions on the proposed law, considering its wider implications.

The views of the public in general, as well as NGOs, experts, stakeholders, and institutions in particular, were invited.

Later, the Madras High Court ordered an interim stay on the press communique.A PIL was filed seeking direction for translating the bill in Tamil and for accepting suggestions in Tamil language.

However, the Supreme Court vacated the Madras High Court order after receiving assurance from the Centre of publishing the Tamil version bill.