Environmental Law Weekly Round-Up [01, May -07 May, 2023]

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

Nominal Index

1. In Re: T. N. Godavarman Thirumulpad v. Union of India & Ors.[Citation : 2023 LiveLaw (SC) 392]
2. Sushma Prasad v. GNCTD & Ors.[Citation: 2023 LiveLaw (Del) 368]
3. Vivek Mahna v.Govt. of NCT of Delhi
4. In re:Compliance of Municipal Solid Waste Management Rules, 2016 and other environmental issues
5. In re: News item published in India Today dated 30.04.2023 titled “3 minors among 11 dead in Ludhiana gas leak, Punjab govt. announces Rs 2 lakh ex-gratia”
6. Gauri Maulekhi v.Union of India & Ors.
7. Joint Committee Invites Suggestion On Forest Amendment Bill,2023

Supreme Court

1.No Mining Activity Within ESZ Even If Eco-Sensitive Zone Is More Than 1 Km From Protected Forest : Supreme Court Clarifies

Case Title: In Re: T. N. Godavarman Thirumulpad v. Union of India & Ors.| Citation: 2023 LiveLaw SC

Citation : 2023 LiveLaw (SC) 392

On 28th April, 2023, the Supreme Court clarified its order dated 26th April 2023, wherein it stated that its previous order mandating a 1 km Eco-Sensitive Zone (ESZ) around protected forests would not be applicable to the ESZs in respect of which a draft and final notification has been issued by the Ministry of Environment, Forest and Climate Change (MoEF & CC) and in respect of the proposals which have been received by the Ministry.

High Court

2.Delhi High Court Grants Interim Stay To Scrapping Of A Family Heritage Car

Case Title: Sushma Prasad v. GNCTD & Ors.

Citation: 2023 LiveLaw (Del) 368

The Delhi High Court has granted an interim stay on the scrapping of a 15-year-old Daewoo Matiz, which the petitioner claims is a 'family heritage car.' The court has also issued a notice to the transport department and its authorized vehicle scrapping agency, M/s Go Green ELV Handlers.

The bench of Justice Manoj Kumar Ohri said that, “Till the next date of hearing, respondent No.3(scrapping agency)shall ensure that the subject vehicle is not dismantled or scrapped.”

National Green Tribunal

3.National Green Tribunal Forms Committee To File Action Taken Report On Environmental Degradation By Delhi’s 200 Parks, Green Areas

Case Title: Vivek Mahna v.Govt. of NCT of Delhi

The National Green Tribunal (NGT) has constituted a Joint Committee to file factual action taken report on application filed raising concerns over environmental degradation caused by 200 parks and green areas in Village Bijwasan and Bhartal, New Delhi.

The bench of Justice Sudhir Agarwa and Dr. Senthil Vel (Expert Member) opined that, “a substantial question relating to environment due to implementation of Scheduled enactment under NGT Act, 2010 has arisen…”

4.National Green Tribunal Imposes 4000 Crore Compensation On Bihar For Failure To Scientifically Manage Waste

Case Title: In re:Compliance of Municipal Solid Waste Management Rules, 2016 and other environmental issues

National Green Tribunal (NGT) has 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 MLD as well as unprocessed urban waste of 4072 MLD.

5.Ludhiana Gas Leak: National Green Tribunal Directs DM To Pay Rs 20 Lakh Compensation To Kin Of Deceased, Forms Fact Finding Committee

Case Title:In re: News item published in India Today dated 30.04.2023 titled “3 minors among 11 dead in Ludhiana gas leak, Punjab govt. announces Rs 2 lakh ex-gratia”

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.

6.National Green Tribunal Directs Union Government To Take A Call To Bring Slaughter Houses Under Environmental Clearance Regime, Sets 2 Months Deadline

Case Title:Gauri Maulekhi v.Union of India & Ors.

The National Green Tribunal has directed the MoEF&CC to take a call within two months on the recommendations of the Expert Committee headed by Dr. S.R. Wate to include slaughterhouses and meat processing under Environmental Impact Assessment Notification, 2006.

The bench of Justice Adarsh Kumar Goel (Chairperson), Justice Sudhir Agarwal, Dr.A Senthil Vel further directed that, “…If no decision is taken by MoEF&CC within two months as directed above, the requirement for EC will apply to all large slaughter houses as per classification in the ‘Revised Comprehensive Industry Document on Slaughter Houses’ i.e. “Large: More than 200 large animal i.e. bovines per day, or more than 1000 small animal i.e. goat and sheep per day (any day in a week)” with effect from 01.08.2023.”

Bills

7.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, are invited.