Environmental Law Weekly Round-Up [09-16 April,2023]

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

Nominal Index

1. Akash Vashishtha v. State Of Uttarakhand & Ors.
2. K Babu V Union Of India [Citation: 2023 LiveLaw (Ker) 186]
3. Ravinder v. State (Govt. Of NCT Of Delhi) & Anr. [Citation: 2023 LiveLaw (Del) 297]
4. G.S. Bansal v. State of Punjab & Ors.
5. Dr. Sanjay Kulshresthra v Govt. of Uttar Pradesh & Ors.
6. Samayak Jain & Ors. v. State of Madhya Pradesh & Ors
7. Varun v. Govt. of NCT of Delhi & Ors.

High Courts

1.Uttarakhand High Court Issues Notice On Plea Seeking Proper Implementation Of Environmental Laws In Mussoorie

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

The Uttarakhand High Court has issued notice to the state government, the union Ministry of Environment, Forest and Climate Change, the state pollution control board and Mussoorie-Dehradun Development Authority on a PIL raising concerns about the deteriorating environmental conditions in Mussoorie.

The division bench of Chief Justice Vipin Sanghi and Justice Alok Kumar Verma said the respondent authorities should deal with the specific allegations made by the petitioner in the plea. "In case, there is any merit found in the petitioner’s submissions by the respective respondents, without waiting for any further orders, we expect them to take the requisite and corrective steps," said the court.

2.Appalled By Insensitivity Towards Plight Of Animal' Kerala High Court Refuses To Interfere With Translocation Of Tusker ‘Arikkomban’

Case Title: K Babu V Union Of India

Citation: 2023 LiveLaw (Ker) 186

The Kerala High Court on Wednesday refused to interfere with its earlier direction to translocate the wild tusker ‘Arikomban’ to Parambikulam Tiger Reserve despite the review petition filed by MLA K Babu citing apprehensions of residents near the proposed site of translocation about the elephant entering human settlements.

The court on 5th April had directed to tranquilise and translocate the elephant along with a radio collar to Parambikulam Tiger Reserve on the advice of an expert committee due to concerns raised by the residents of Anayirangal region about the elephant entering areas of human settlement and causing damage.

3.Delhi High Court Orders Constitution Of Joint Task Force To Stop Illegal Sand Mining On Yamuna River Banks

Title: Ravinder v. State (Govt. Of NCT Of Delhi) & Anr.

Citation: 2023 LiveLaw (Del) 297

The Delhi High Court has ordered constitution of a joint task force, comprising Delhi Police and Uttar Pradesh Police, to ensure that the illegal sand mining on the banks of Yamuna River is stopped.

Justice Prathiba M Singh directed the joint task force to regularly monitor the river banks and ensure that "proper pickets" are posted for stopping any kind of illegal sand mining.

National Green Tribunal

4.NGT Directs Rajasthan And Punjab Pollution Control Boards To Conduct Joint Study On Increasing Cancer Patients

Case Title:G.S. Bansal v. State of Punjab & Ors.

Recently, the National Green Tribunal (NGT) has directed the Rajasthan Pollution Control Board (RJSPCB) and the Punjab Pollution Control Board (PPCB) to commission a joint study by the Indian Council of Medical Research (ICMR), New Delhi or the Indian Toxicological Research Institute (ITRI), Lucknow.

The aim of the study is to identify the root causes of the increasing number of cancer patients in both states, as recommended in the report of the Joint Committee.

5.NGT Directs Uttar Pradesh Chief Secretary To Take Action Against Yamuna River Pollution In Agra

Case Title:Dr. Sanjay Kulshresthra v Govt. of Uttar Pradesh & Ors.

The principal bench of National Green Tribunal (NGT) has directed the Chief Secretary of Uttar Pradesh, in coordination with other concerned authorities in the State, to take remedial action regarding the discharge of pollution in the Yamuna River at Agra.

An application was filed expressing concerns about the discharge of pollution into the Yamuna River at Agra by both the concerned local authority and private industrial and commercial establishments.

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

Case Title- Samayak Jain & Ors. v. State of Madhya Pradesh & Ors

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The principal bench of NGT has 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 of Justice Arun Kumar Tyagi ( Judicial Member) and Dr. Afroz Ahmad (Expert Member) 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”.

7.NGT Orders Remedial Action Against Illegal Groundwater Extraction By 536 Delhi Hotels In Paharganj Area

Case Title:Varun v. Govt. of NCT of Delhi & Ors.

The principal bench of National Green Tribunal (NGT) has directed a joint committee to take remedial action against alleged illegal groundwater extraction by 536 hotels operating in Paharganj area of Delhi.

The bench of Justice Adarsh Kumar Goel, Justice Sudhir Agarwal, Dr.A.Senthil Vel (Expert Member), Dr. Afroz Ahmad (Expert Member) said, “we propose to go into the merits in view of serious allegations which if true show serious violation of norms and also judgment of the Hon’ble Supreme Court by the individuals as well as authorities.”