Environmental Law Weekly Round-Up [19 March-25 March, 2023]

A weekly round up of development in environmental law jurisprudence.

Nominal Index

1. Tushar Goswami v.Union of India & Ors.

2. Gaurav Sharma v. Govt. of NCT of Delhi & Ors.

3. Abhisht Kusum Gupta v. State of Uttar Pradesh & Ors.

4. In re: news item in NDTV dated 28.02.2023 titled “2 Dead, 2 Injured in Explosion at Gujarat Pharma Company”

5. Harpal Singh Rana & Anr. v. State of Uttarakhand & Ors.

6. M. Kaviya & ors. v. UOI & ors.

7. Sarvabhoum Bagali v. State of Karnataka and others.

1. NGT Forms 7-Member Committee To Probe Alleged Environmental Violations By Tent City Project In Varanasi

Case Title- Tushar Goswami v.Union of India & Ors.

The National Green Tribunal (NGT) has constituted a seven-member joint committee to investigate alleged environmental violations by the Tent City Project, which is situated on the riverbed of the Ganga river, in Varanasi. The project is alleged to be harmful to the environment and causing untreated sewage to flow directly into the

river Ganga. The Tent City Project in Varanasi on the Ganga riverbed is said to have violated 'The River Ganga (Rejuvenation, Protection and Management) Authorities order, 2016 which prohibits construction on the riverbed.

2. NGT Forms Joint Committee For Plan To Control Air Pollution Around AlMS In Delhi

Case Title- Gaurav Sharma v. Govt. of NCT of Delhi & Ors.

The principal bench of National Green Tribunal has constituted a seven-

member committee to look into the failure of authorities in controlling air pollution around All India Institute of Medical Sciences (AIMS) in New Delhi.

An application was submitted, which stated that a significant number of hawkers, shopkeepers, and vehicles are contributing to pollution and hindering the timely movement of ambulances. Pavements are encroached by residence or commercial activities, it was alleged.

3. Industrial, Sewage Pollution Rampant In UP, No Meaningful Action Being Taken: NGT Calls For Remedial Measures To Control Hindon River Pollution

Case Title- Abhisht Kusum Gupta v. State of Uttar Pradesh & Ors.

The principal bench of National Green Tribunal directs a joint committee, headed by the Chief Secretary of Uttar Pradesh, to take immediate remedial action to control pollution in the Hindon river. The committee has also been ordered to deploy field

monitoring teams to accurately assess the ground-level situation.

4. When Does Section 17 Of NGT Act Bar To Levy Compensation? NGT Explains

Case Title- In re: news item in NDTV dated 28.02.2023 titled “2 Dead, 2 Injured in Explosion at Gujarat Pharma Company”

NGT has awarded compensation of ten lakhs rupees to the victims of the

recent Gujarat explosion incident.

The bench rejected the argument that the NGT is barred from granting compensation to the workmen under Section 17 of the NGT Act, 2010, on the basis that they are eligible for compensation under the Workmen Compensation Act, 1923.

5. NGT Directs Joint Committee To Ensure Proper Utilization Of Water During Metro Rail Construction

Case Title- Harpal Singh Rana & Anr. v. State of Uttarakhand & Ors.

NGT has directed a joint committee to take remedial measures and execute an action plan to ensure proper utilization of water that is wasted during the construction of

Metro Rail in Delhi, Jaipur, and Mumbai. An application was filed raising concerns about the wastage of water caused by the discharge during the construction of Metro Rail in Delhi, Jaipur, and Mumbai.

6. Supreme Court Asks Centre To File Response In Plea To Protect Western Ghats

Case Title- M. Kaviya & ors. v. UOI & ors.

Recently the Supreme Court bench comprising CJI D.Y Chandrachud, Justice P.S Narasimha, and Justice J.B Pardiwala passed an order directing the Central

government to file a counter affidavit within four weeks in the matter concerning the protection of the Western Ghats. The petitioners claim that the Central Government and the governments of the six states where the Western Ghats are located have utterly neglected their responsibility to safeguard the region, resulting in its gradual destruction.

7. De-silting Of Dams Not Exempted From Obtaining Prior Environment Clearance: NGT Imposes 50 Crores Penalty On Karnataka Irrigation Department

Case Title- Sarvabhoum Bagali v. State of Karnataka and others.

The National Green Tribunal (NGT) South Zone has imposed a penalty of 50 crore rupees on the Irrigation Department of Karnataka for conducting mining activities in Adyapadi and Shamburu Dams in the Dakshin Kannada District without obtaining environmental clearance, in violation of the Environmental Impact Assessment (ElA) Notification of 2006.

The bench, comprising Justice Pushpa Sathyanarayana (Judicial Member) and Dr. Satyagopal Korlapati (Expert Member), held that dredging and desilting of dams are not exempted from obtaining prior Environmental Clearance as the sand was being extracted for commercial purposes.