Environmental Law Weekly Round-Up [26 March-1 April,2023]

Nominal Index

1. Swetab Kumar v. Ministry of Environment, Forest And Climate Change and Ors. [2023 LiveLaw (SC)245] ( Supreme Court)
2. Centre for Environment Law WWF-I v. Union of India (Supreme Court)
3. Yeshwanth Shenoy v. State of Kerala (Supreme Court)
4. Shramjeevi Cooperative Housing Society Ltd. v. Dinesh Johi and others [2023 LiveLaw (SC) 258] (Supreme Court)
5. People's Charioteer Organisation v. Union of India (Supreme Court)
6. Niyas v. The District Collector Palakkad [2023 LiveLaw (Ker) 167] (Kerala High Court)
7. In Re Bruno v. Union of India & Ors. ( Kerala High Court)
8. The State of Assam v. Deepar Beel Pachpara Samabai Samity Ltd. & 2 Ors. (Gauhati High Court)
9. Amit Manibhai Panchal v. State of Gujarat (Gujarat High Court)
10. Krishna Das K V v. State of Kerala (National Green Tribunal)
11. Subhas Datta v. State of West Bengal &Ors. (National Green Tribunal)
12. In re: News item published in Newspaper The Hindu dated 07.03.2023 titled “Three children die during illegal mining in West Bengal” (National Green Tribunal)
13. Forest (Conservation) Amendment Bill, 2023

Supreme Court

1.Declarants Of Exotic Live Species As Per 2020 MoEFCC Advisory Immune From Prosecution Under Wild Life Act & Future Amendments : Supreme Court

Case Title- Swetab Kumar v. Ministry of Environment, Forest And Climate Change and Ors. [2023 LiveLaw (SC)245]

The Supreme Court on March 27 clarified that individuals who have made a declaration of ownership of 'exotic live species' in accordance with the 2020 advisory issued by the Ministry of Environment, Forest and Climate Change are immune from prosecution under the Wild Life (Protection) Act of 1972 or action under any future laws or amendments.

2. Day After Female Cheetah ‘Sasha’ Dies, Supreme Court Seeks Qualifications Of Experts On Environment Ministry’s Task Force

Case Title- Centre for Environment Law WWF-I v. Union of India

One day after the death of Sasha, a female Cheetah brought from Namibia and released in Madhya Pradesh’s Kuno, the absence of experts in the Cheetah Task Force was flagged before the Supreme Court of India. The four-and-a-half-year-old feline died on March 27 due to renal failure less than a year after she was translocated to the Kuno National Park, along with seven other cheetahs.

After Senior Advocate Prashanto Chandra Sen claimed that the Environment Ministry-appointed task force “did not have a single member with expertise in cheetah management”, a bench of Justices BR Gavai and Vikram Nath directed:

“We request the learned Additional Solicitor-General to place on record the details, on an affidavit, with regard to the qualification and experience of the members of the task force and also specify as to which of the members possess an expertise in cheetah management within two weeks.”

3. HC Stayed NGT Order After It Was Affirmed By Supreme Court? SC Directs Registry To Communicate Its Orders To Kerala High Court

Case Tile-Yeshwanth Shenoy vs State of Kerala

On being told that the Kerala High Court has stayed an order of the National Green Tribunal - which was earlier upheld by the Supreme Court- the Top Court recently directed its Registry to communicate its orders to the Registrar General of the High Court.

A bench comprising Justices MR Shah and CT Ravikumar was hearing a petition filed by a lawyer contending that an order passed by the National Green Tribunal, which has been affirmed by the Top Court, has been stayed by the Kerala High Court. This amounts to the High Court staying the order of the Supreme Court in effect, submitted Advocate Yeshwanth Shenoy, appearing as party-in-person.

4. 'NGT Could Not Have Ignored Decree Affirmed By Supreme Court' : SC Allows Housing Society's Appeal

Case Title- Shramjeevi Cooperative Housing Society Ltd. v. Dinesh Johi and others [2023 LiveLaw (SC) 258]

The Supreme Court on March 22 allowed the appeal filed by the Shramjeevi housing society, which had challenged the decision of the NGT to halt construction near Teliya lake in Mandsaur. The NGT had ordered the construction to be stopped on the grounds that the land fell within a submergence area. However, the housing society argued that they had previously received permission for the construction and that the land was not actually in a submergence area. The Supreme Court sided with the housing society and overturned the decision of the NGT, allowing the construction to proceed.

5.Can't Declare Entire Animal Kingdom As Legal Entity With Same Rights As Humans : Supreme Court Dismisses PIL

Case Title: People's Charioteer Organisation v. Union of India

The Supreme Court dismissed a Public Interest Litigation (PIL) seeking for declaration of the entire animal kingdom, including avian and aquatic species, as "legal entities" having a distinct persona with corresponding rights of a living person. The matter was listed before a bench comprising Justice BR Gavai and Justice Vikram Nath.

The bench stated that it could not entertain the petition in its extraordinary jurisdiction under Article 32 of the Constitution of India.

High Court

Kerala High Court

6. Two Authorities Empowered To Redress Same Grievance Via Two Different Procedures: Kerala High Court Points Lacuna In 2008 Wetland Conservation Rules

Case Title: Niyas v. The District Collector Palakkad [2023 LiveLaw (Ker) 167]

The Kerala High Court recently observed that in the Kerala Conservation of Paddy Land and Wetland Rules, 2008, where two authorities, the Revenue Divisional Officer (RDO) and the Local Level Monitoring Committee (LLMC) have been given the power to redress the same grievance, i.e., removal of a property erroneously included in the data bank as paddy land, the procedure laid out for both authorities are different.

Pointing to this "lacuna" in the 2008 Rules, the court noted that while the LLMC is required to conduct a local inspection, it is not mandatory for the RDO to do so, even though the RDO has no specialized mechanism to ascertain the characteristics of the land.

7.'Balance Of Convenience Lies Against Immediate Capture Of Arikomban': Kerala High Court Constitutes Expert Committee

Case Title: In Re Bruno v. Union of India & Ors.

The Kerala High Court was of the firm view that under the present circumstances, the balance of convenience would lie against the immediate capture of the wild tusker ‘Arikomban’, a rogue elephant which is causing disturbances in human settlements near Munnar.

Taking note of the 'deplorable state' of captive elephants, as well as various instances of cruelty meted out to them, the Court wondered whether the pachyderm should be consigned to a life in captivity.

“Adding another wild elephant to that list of hapless ‘converts’ would run counter to our fundamental duty to protect wildlife and have compassion for living creatures, as envisaged under Art.51A (g) of our Constitution,” the Division Bench comprising Justice A.K. Jayasankaran Nambiar and Justice Gopinath P., observed.

Gauhati High Court

8. Gauhati High Court Upholds Assam Government's Notification On Deepor Beel Wildlife Sanctuary, Sets Aside Single Bench Ruling

Case Title: The State of Assam v. Deepar Beel Pachpara Samabai Samity Ltd. & 2 Ors.

The Gauhati High Court recently upheld the notification issued by the Assam Government declaring an area of 4.1 Sq. K.M. of the water body commonly known as the “Deepor Beel” a Wildlife Sanctuary within the meaning of the Wild Life (Protection) Act, 1972.

The division bench of Chief Justice Sandeep Mehta and Justice Suman Shyam observed:

“It would be pertinent to note here-in that ‘Deepor Beel’ is a permanent fresh water lake located in the south western part of the city of Guwahati. It is the only wetland of international significance in Assam and is included in the list of Ramsar sites w.e.f. 19.08.2002. Apart from being a staging site for the migratory birds, ‘Deepor Beel’ is the only major storm water storage basin for the city of Guwahati. Therefore, preservation and protection of Deepor Beel is a measure in larger public interest for the residents of the Guwahati city.”

Gujarat High Court

9. Gujarat High Court Appeals To All Pilgrims Visiting Temples In Girnar Hills To Cooperate In Protecting Environment

Case Title: Amit Manibhai Panchal v. State of Gujarat

The Gujarat High Court on Tuesday directed the State Government to implement various provisions of Wildlife Protection Act, 1972 and the Government Resolution dated May 22, 2019 issued by the Forest & Environment Department in its true spirit, for the religious campus located on the hills of Girnar.

While hearing a PIL on the issue, the division bench of The Acting Chief Justice A. J. Desai and Justice Biren Vaishnav made following observations:

“We are also of the considered view that there are many fundamental duties of citizens of this country as provided under Articles 48-A and 51-A, including to protect the monuments and places and objects of national importance under Clause (g) of Article 51-A of Constitution of India. It is also one of the fundamental duties of the citizen to protect natural environment including forests, lakes, rivers and Wildlife and to have compassion for living creatures.”

National Green Tribunal

10. NGT Imposes Rs. 10 Crore Compensation On Kerala For Failing To Protect Ramsar Sites

Case Title- Krishna Das K V v. State of Kerala

The principal bench of the National Green Tribunal (NGT) has imposed a compensation of 10 crore on Kerala for its failure to protect Ashtamudi Wetland and Vembanad-Kol Wetland, which are Ramsar sites in Kollam district of Kerala.

The bench of Justice Adarsh Kumar Goel (Chairperson), Justice Sudhir Agarwal (Judicial Member), and Dr Senthil Vel (Expert Member), said, “The State cannot plead helplessness in implementing guaranteed rights of the citizens and also in taking stringent measures for protection of environment and public health”.

11. NGT Forms Committee To Provide Remedial Measure To Restore North Bengal’s Wetland Chatra Beel

Case Title-Subhas Datta v State of West Bengal &Ors.

The Eastern Zone bench of the National Green Tribunal (NGT) has constituted a committee to inspect and provide remedial measures to restore the Chatra Beel, a wetland in North Bengal in the district of Malda, that is allegedly being encroached upon due to expansion of the city.

The bench of Justice B. Amit Sthalekar (Judicial Member) and Prof. A. Senthil Vel (Expert Member) passed an order stating, “In the meantime, we direct the District Magistrate, Malda to ensure that no further encroachment is permitted in the Chatra Beel during the pendency of the present proceedings.”

12. NGT Orders Compensation For Deaths Of Children In West Bengal's Illegal Mining Case

Case Title- In re: News item published in Newspaper The Hindu dated 07.03.2023 titled “Three children die during illegal mining in West Bengal”

NGT ordered compensation of 20 lakhs to each of the heirs of three deceased persons, including two 15-year-old children, and 5 lakhs to the injured who were engaged in illegal mining activities on the Balason river bed in Siliguri,West Bengal.

Two children, along with a 20-year-old person, were crushed to death while illegally loading sand onto a truck in the Balason river bed in Siliguri on promise to pay 350 rupees each per truck.

Bill

13. Centre Introduces Forest (Conservation) Amendment Bill,2023

On Wednesday, the central government introduced the Forest (Conservation) Amendment Bill, 2023, which seeks to amend certain provisions under the Forest (Conservation) Act, 1980.

The Bill acknowledges that the Forest (Conservation) Act, 1980 has presented new challenges in terms of ecological, social, and environmental developments. These include mitigating the effects of climate change, reaching national Net Zero Emission targets by 2070, and maintaining or enhancing forest carbon stocks at both national and international levels.