Environmental Law Weekly Round-Up [25 -30 April,2023]

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

Nominal Index

1. In re: T.N. Godavarman v. UOI [Citation : 2023 LiveLaw (SC) 362]
2. In re : Delhi Metro Rail Corporation (DMRC) [Citation : 2023 LiveLaw (SC) 363]
3. National Green Tribunal & Anr. v. Goa Foundation & Ors.
4. Jith Kumar v.The State of Kerala and others
5. Ashok Malik & Anr. v. Ministry of Railways
6. R.D. Singh Bandral v. Union of India & Ors.
7. Yodh Bdr. Thapa v. BPCL & ors.
8. Court on its own Motion v.State of H.P. & Ors.

Supreme Court

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

Case Title: In re: T.N. Godavarman v. UOI [Citation : 2023 LiveLaw (SC) 362]

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.

2.'Metro Rail Caters To Millions, Reduces Carbon Emissions' : Supreme Court Refuses To Interfere With DMRC Phase-IV Metro Work

Case Tile: In re : Delhi Metro Rail Corporation (DMRC) [Citation : 2023 LiveLaw (SC) 363]

Recently, the Supreme Court refused to interfere with the construction work on phase-IV of Delhi Metro, stating that any interference at this stage would also result in a huge escalation of its cost, causing a loss to the public exchequer.

The bench of Justice B.R. Gavai and Justice Vikram Nath said that, “No doubt that the concern for the environment is an important aspect. However, at the same time, developmental works like the metro rail, which will cater to millions of people and also reduce carbon emissions, inasmuch as the number of vehicles on the road would be reduced, cannot be ignored.”

3.After Supreme Court’s Contempt Warning, Principal Bench of National Green Tribunal Transfers Cases From Western Zone

Case Title: National Green Tribunal & Anr. v. Goa Foundation & Ors.

The Supreme Court was recently informed by the principal bench of the National Green Tribunal that all suo motu cases arising from the western zone, which they had continued hearing despite specific instructions to the contrary, were transferred. This development comes less than two weeks after the principal bench was warned that contempt proceedings would be initiated against it for its defiance of the top court’s order. The apex court bench pronounced:“In view of the affidavit filed by the Registrar of the National Green Tribunal, the grievance of the applicant no longer survives. Therefore, the application is therefore disposed of.”

National Green Tribunal

4.Brahmapuram Fire: National Green Tribunal Directs Kerala’s Additional Chief Secretary To File Action Taken Report On Ash Removal From Dump Yard

Case Title: Jith Kumar v.The State of Kerala and others

The Southern Zone of the National Green Tribunal (NGT) has directed the Additional Chief Secretary of the Local Self Government Department, Kerala to file a detailed report about the actions taken in response to the orders passed by the Tribunal for the removal of burned waste from the Brahmapuram dump yard.

The bench of Justice Pushpa Sathyanarayana and Dr. Satyagopal Korlapati said that, “it is a matter of serious concern because once the monsoon sets in, in the State of Kerala, the heaps of fire affected waste in the Brahmapuram dump yard would get seeped into the ground as well as meet the drinking water which would be more hazardous than the fire itself.”

5.National Green Tribunal Dismisses Plea To Prohibit Railway From Using Horns

Case Title: Ashok Malik & Anr. v. Ministry of Railways

The principal bench of the National Green Tribunal has dismissed the application filed to prohibit railways from using horns in trains. The application claimed that it is in violation of the Noise Pollution (Regulation and Control) Rules, 2000.

The bench of Justice Adarsh Kumar Goel (Chairperson), Justice Sudhir Agarwal, Justice Arun Kumar Tyagi, Dr A.Senthil Vel and Afroz Ahmad ( Expert Members) said that, “While noise free environment is necessary, essential activities have to be conducted in absence of any other options.”

6.National Green Tribunal Stays Construction Of Road In J&K’s Kund-Seoz Dhar Region To Prevent Environmental Degradation

Case title: R.D. Singh Bandral v. Union of India & Ors.

The principal bench of the National Green Tribunal (NGT) has directed a stay on the construction of a road in the area from Chatter Gala to Kailash Kund via Seoz Dha, Jammu & Kashmir until further notice, as adverse impact on the environment was alleged.

The bench of Justice Arun Kumar Tyagi and Dr Afroz Ahmad (Expert Member) said that, “In view of the facts and circumstances of the case and the provisions of the section 20 of the National Green Tribunal Act, 2010 which mandates this Tribunal to apply the precautionary principle it is ordered that no further construction in respect of the road in question in the area from Chatter Gala to Kailash Kund via Seoz Dhar be made till further order to the contrary”.

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

Case Title: Yodh Bdr. Thapa v. BPCL & ors.

The Eastern Zone bench of National Green Tribunal (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.

The Tribunal was hearing the application filed by the resident of Sikkim Yodh Bdr. Thapa, alleging that Bharat Petroleum Corporation Limited (BPCL) is setting-up a petrol depot adjacent to the plot of the applicant.

8.National Green Tribunal Rejects Taxi Union's Plea To Increase The Number Of Vehicles Allowed To Rohtang Pass

Case Title: Court on its own Motion v.State of H.P. & Ors.

Recently, the National Green Tribunal (NGT) has rejected an application to increase the number of vehicles from 1300 to 5000 allowed to travel to Rohtang pass due to concerns about environmental damage and climate change.

The Him Anchal Taxi Union had filed an application to modify the Tribunal's 2015 order, which had limited the number of vehicles allowed in the Manali and Rohtang pass areas of Himachal Pradesh in order to address environmental degradation.