Environmental Law Weekly Round-Up [08 July- 14 July, 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.
2. Singrauli Super Thermal Power Station V. Ashwani Kumar Dubey [Citation : 2023 LiveLaw (SC) 524]
3. Nizamuddin West Association v. Union of India & Ors.
4. Dr. Sandeep Kumar Gupta v. State of Haryana & Ors.
5. Devidas Khatri v. Union of India & Ors.
6. In re : News item published in Newspaper The Hindu dated 19.03.2023 titled “India’s Sinking Island”
7. Mr. Rashid Noor Khan v. BMC &Ors.
8. Delhi High Court’s Green Judge Justice Najmi Waziri Retires- Article

Supreme Court

1. Supreme Court Constitutes Expert Committee to Find a Solution for Unregulated Entry of Pilgrims into Core Areas of National Parks and Wildlife Sanctuaries

Case Title: In Re: T.N. Godavarman Thirumulpad v. Union of India & Ors.

The Supreme Court of India on Wednesday set up a high-level panel to examine the environmental issues arising as a result of a large number of pilgrims visiting the temples located inside the core area of Rajasthan’s Sariska Tiger Reserve and directed them to furnish a report within six weeks.

2. NGT Cannot Pass Directions Relying On Recommendations Of Expert Committee Without Giving Parties A Chance To Rebut It: Supreme Court

Case Title: Case : Singrauli Super Thermal Power Station V. Ashwani Kumar Dubey

Citation : 2023 LiveLaw (SC) 524

The Supreme Court recently held that the National Green Tribunal (NGT) being an adjudicatory body must comply with the principles of natural justice. It also held that if the NGT intends to rely on the report of an expert Committee or any other material that is brought to its knowledge, the concerned party must be informed of it in advance, and be given an opportunity for discussion and rebuttal.

National Green Tribunal

3. Discharge Of Pollution In Yamuna, Failure To Implement Directions Is Lack Of Governance’: National Green Tribunal

Case Title: Nizamuddin West Association v. Union of India & Ors.

The principal bench of the National Green Tribunal has observed, after perusing the status report submitted by the Delhi Government before it, that untreated and partially treated sewage and industrial waste are entering Delhi's Yamuna.While noting that the large-scale pollution is still unchecked, it said that the overall situation is "extremely disappointing."

4. Solid Waste Management In Haryana’s Hisar: NGT Constitutes Committee, Calls For Factual Report

Case Title: Dr. Sandeep Kumar Gupta v. State of Haryana & Ors.

The principal bench of the National Green Tribunal (NGT) has formed a joint committee to prepare a factual report and report on actions taken regarding violations of the Solid Waste Management Rules, 2016, and NGT guidelines by the Municipal Corporation of Hisar.

5. Illegal Mining In Prayagraj: National Green Tribunal Directs UP PCB To Identify Violators, File Action Taken Report

Case Title: Devidas Khatri v. Union of India & Ors.

The principal bench of National Green Tribunal (NGT) has directed UP PCB to identify violators of environmental norms and file action taken reports against proponents carrying illegal mining activities in Prayagraj District.

6. Global Warming: National Green Tribunal Forms Committee To Frame Policy, Measures To Protect Submerging Islands

Case Title: In re : News item published in Newspaper The Hindu dated 19.03.2023 titled “India’s Sinking Island”

In a suo moto cognizance case, the National Green Tribunal (NGT) has constituted a four-member committee to frame policies and measures to protect submerging islands due to the rise of sea level and global warming.

The principal bench noted that due to the dangers of sea level rise and the submergence of low-lying lands such as islands, “it is imperative to protect these islands as people are living there.”

7. NGT Imposes Rs.1 Crore Compensation On Bhopal Municipal Corporation For Illegal Construction On Bhopal Lake, Orders Demolition Within 1 Month

Case Title: Mr. Rashid Noor Khan v. BMC &Ors.

The National Green Tribunal (NGT) has imposed a Rs.1 crore compensation on the Bhopal Municipal Corporation (BMC) for undertaking illegal construction allegedly carried out for floating restaurants in a prohibited area of Bhoj Wetland, also known as Bhopal Lake.

Delhi High Court

8. Delhi High Court's 'Green Judge' Justice Najmi Waziri Retires Today: 'May Each Tree Extend Your Life', Say Lawyers

The Delhi High Court judge Justice Najmi Waziri, known for his contributions to the environment, particularly his orders directing planting of trees in the national capital, retires from service today.

“I am a rich person today, I am very rich,” said Justice Waziri as various lawyers appeared in his courtroom, appreciating and thanking him for his valuable and significant efforts on the bench, especially towards the environment.