Environmental Law
After Supreme Court Rap, Centre Doubles Penalties For Stubble Burning; Farmers To Pay Up To Rs. 30,000 For Violations
The Central Government has issued an amendment to the Commission for Air Quality Management in National Capital Region and Adjoining Areas (Imposition, Collection, and Utilization of Environmental Compensation for Stubble Burning) Rules, 2023.This amendment, notified on November 6, 2024, by the Ministry of Environment, Forest and Climate Change, doubles the rates of environmental compensation...
'Air Pollution At All-Time High During Diwali, Explain Steps Taken To Enforce Firecracker Ban': Supreme Court To Delhi Govt & Police
The Supreme Court today directed the Delhi Government and the Police Commissioner of Delhi to file affidavits stating steps taken to implement the ban on firecrackers in Delhi as well as proposed steps to ensure compliance with the ban next year.“There cannot be any dispute that the ban was hardly implemented. Moreover, the effect of non-implementation of the ban is very apparent from...
Stubble Burning Violates Fundamental Right To Pollution-Free Environment Under Article 21: Supreme Court
The Supreme Court on Wednesday (October 23) emphasized that stubble burning is not merely an issue of breach of law but it constitutes violation of citizens' fundamental right to live in a pollution-free environment, guaranteed under Article 21 of the Constitution.“Time has come to remind us to the Government of India and the state governments that there is a fundamental right vesting in...
Environment Protection Act Rendered Toothless Due To Centre's Inaction: Supreme Court
The Supreme Court on Wednesday (October 23) observed that the section 15 of the Environment Protection Act has been rendered “toothless” due to the Centre's inaction after the 2023 Jan Vishwas Amendment which replaced punishment for violation of the Act with penalties.“This provision has been rendered completely ineffective due to inaction on the part of Government of India…In the...
If Tree Planting Conditions Are Violated, Will Order Demolition Of Constructions & Restore Land : Supreme Court Warns Project Proponents
The Supreme Court today (October 14) warned that if project proponents do not comply with conditions of compensatory afforestation imposed while granting tree felling permissions, it will impose costs and order restoration of the lands apart from contempt action.A bench of Justice Abhay Oka and Justice Augustine George Masih was dealing with the issue of enhancing the green cover in...
Stubble Burning Increased Substantially In Some Punjab & Haryana Districts, Yet Only Mild Penalties Imposed : Supreme Court
The Supreme Court on Thursday (October 3) pulled up the States of Punjab and Haryana as well as the Commission for Air Quality Management in Delhi NCR (CAQM) for not prosecuting persons who have violated CAQM orders to tackle stubble burning under stringent provisions of the CAQM Act and Environmental Protection Act, 1986 (EPA).A bench of Justice Abhay Oka, Justice Ahsanuddin Ammanullah...
Mandate To Scrap Vehicles In Delhi-NCR After 10/15 Years Despite Their Fitness Arbitrary : Plea In Supreme Court
An application has been filed before the Supreme Court challenging the “Guidelines for Handling End of Life Vehicles in Public Places of Delhi, 2024” providing that diesel vehicles older than 10 years and petrol vehicles older than 15 years are not allowed to ply in Delhi NCR.The applicant, one Nagalakshmi Laxmi Narayanan, has challenged the blanket vehicle scrappage policy stating that...
Head Of Department Guilty If Government Dept Fails To Comply With NGT Order : Supreme Court
The Supreme Court recently observed that if a Government Department fails to comply with an order of the National Green Tribunal (NGT), the Head of the Department shall be deemed liable for such failure as per section 28 of the National Green Tribunal Act, 2010.A bench of Justice Abhay Oka, Justice Ahsanuddin Amanullah and Justice Augustine George Masih set aside an NGT order deleting...
Supreme Court Quashes NGT Order To Shut Down Garbage Plant In Pune; Directs PMC To Address Foul Odour Concerns
The Supreme Court today (September 12) quashed the National Green Tribunal's order to shut down a Garbage Processing Plant (GPP) in Baner, Pune observing that shutting it down will be detrimental to public interest.“we find that the closure of the GPP in question rather than subserving the public interest, would be detrimental to public interest. If the GPP in question is closed, the...
Supreme Court Directs NEERI To Define And Classify Non-Polluting Industries With Assistance From CPCB And Experts
The Supreme Court on Friday (September 6) directed the National Environmental Engineering Research Institute (NEERI) to define and classify non-polluting industries with the assistance of the Central Pollution Control Board (CPCB) and consultation with relevant experts.A bench of Justice Abhay Oka and Justice Augustine George Masih highlighted the critical nature of the task and directed NEERI...
NGT Takes Suo Moto Cognizance Of Viral Video Of Luxury Cars Entering Ranthambore National Park
The principal bench of National Green Tribunal (NGT) has taken Suo Moto cognizance of alleged viral news video wherein dozens of influential individuals entered the Rajasthan's Ranthambore National Park not in the contracted gypsy or canter but in their "luxury vehicles."Chairperson Justice Prakash Shrivastava and Dr. Afroz Ahmad noted that the article , "raises the question of how...
[Industrial Discharge] When Remedy Against Order Passed Under Water Act Available Before NGT, HC Can't Interfere: Punjab & Haryana High Court
The Punjab & Haryana High Court has made it clear that when remedy against an order passed by Pollution Control Board under Section 33A of the Water Act, 1974, against an industry discharging effluents, lies before the National Green Tribunal (NGT), the High Court cannot interfere.The impugned order against a Cold Storage was passed under Section 33A of the Water (Prevention and Control...