Supreme Court Quarterly Digest On Environmental Law [Jan - March, 2023]

Environmental Law

Appeal maintainable before NGT against corrigendum imposing additional conditions to environmental clearance. IL&FS Tamil Nadu Power Company Ltd. v. T. Muruganandam, 2023 LiveLaw (SC) 192

Chandigarh Master Plan - Supreme Court prohibits conversion of independent residential units as apartments in Chandigarh Phase 1 to preserve the heritage status of 'Corbusier' City-Any fragmentation, division, bifurcation, and apartmentalisation of a residential unit in Phase I of Chandigarh is prohibited. Residents Welfare Association v. Union Territory of Chandigarh, 2023 LiveLaw (SC) 24 : AIR 2023 SC 570

Environment and Wildlife Protection - Supreme Court extends the jurisdiction of a committee constituted by the Tripura High Court to oversee transfer of wild animals pan-India- Court directs that all State and Central Authorities shall forthwith report seizure of wild animals or abandonment of captive wild animals to the Committee and the Committee shall be at liberty to recommend transfer of ownership of captive animals or of seized wild animals to any willing rescue centre or zoo for their immediate welfare, care and rehabilitation- The Committee may also consider the request for approval, dispute or grievance, concerning transfer or import into India or procurement or welfare of wild animals by any rescue or rehabilitation centre or zoo. Muruly M.S. v. State of Karnataka, 2023 LiveLaw (SC) 164 : AIR 2023 SC 1368

Environment Protection - Supreme Court disapproves of constructing zoos and enclosures within national parks - Prima facie, we do not appreciate the necessity of having a zoo inside the tiger reserves or national parks. The concept of protecting these is to permit animals to reside in their natural environs and not artificial environs. We, therefore, also call upon the National Tiger Conservation Authority (NTCA) to explain the rationale behind permitting such safaris within tiger reserves and national parks. Until further orders, the authorities are restrained from making any constructions within the core areas of national parks, wildlife sanctuaries, and tiger reserves. In Re: T.N. Godavarman Thirumulpad v. Union of India, 2023 LiveLaw (SC) 104

Environment Protection Act, 1986 - Supreme Court upholds the directions of NGT Chennai that all petroleum outlets in cities having population of more than 10 lakh and having turnover of more than 300 KL/Month shall install the Vapour Recovery System (VRS) mechanism- SC however sets aside NGT directions that new petroleum outlets should mandatorily obtain Consent to Establish and existing outlets should have Consent to Operate. Indian Oil Corporation Ltd. v. VBR Menon, 2023 LiveLaw (SC) 185

Environmental Clearance - Supreme Court permits IL&FS Tamil Nadu Power Company Limited to continue operating its power plants in Tamil Nadu. IL&FS Tamil Nadu Power Company Ltd. v. T. Muruganandam, 2023 LiveLaw (SC) 192

Environmental Impact Assessment - Supreme Court recommends making environmental assessment mandatory for urban development- We therefore appeal to the Legislature, the Executive and the Policy Makers at the Centre as well as at the State levels to make necessary provisions for carrying out Environmental Impact Assessment studies before permitting urban development. Residents Welfare Association v. Union Territory of Chandigarh, 2023 LiveLaw (SC) 24 : AIR 2023 SC 570

Human life is equally important as protection of the environment; Projects necessary for country's economic development can't be stalled. Association for Protection of Democratic Rights v. State of West Bengal, 2023 LiveLaw (SC) 102

Make environmental impact assessment mandatory for urban development, recommends supreme court; cites condition of bengaluru as warning. Residents Welfare Association v. Union Territory of Chandigarh, 2023 LiveLaw (SC) 24 : AIR 2023 SC 570

National Green Tribunal Act 2010 - Supreme Court allows housing society's appeal against NGT's direction to halt constructions near a lake- issue whether the construction was in submerged area was decided in earlier civil proceedings in favour of the society- that decree was affirmed by the SC- So NGT could not have ignored the decree- he decree was affirmed by all the courts. When the NGT was made aware of this fact, it chose to ignore it. Without a review, or any known process by which a decree concerning the same facts could be reopened, the NGT could not have rejected the society’s contentions. The society’s appeal, therefore, requires to succeed. Shramjeevi Cooperative Housing Society Ltd. v. Dinesh Johi, 2023 LiveLaw (SC) 258 : AIR 2023 SC 1558

National Green Tribunal Act 2010; Section 25 - The NGT has power under Section 25 to execute its orders as decrees of a civil court-The Tribunal is entrusted with the wholesome power to ensure that its orders are complied with. (Para 5, 6) Sushil Raghav v. Union of India, 2023 LiveLaw (SC) 140

National Green Tribunal Act, 2010 - Challenge to Environmental Clearance - Whether against the corrigendum to the EC along with additional conditions, an appeal before the NGT would be maintainable or not-An aggrieved person may always challenge the corrigendum imposing additional conditions to the Environmental Clearance, but the appeal would be restricted to the corrigendum if the original EC is not under challenge and/or the original EC has been confirmed by the NGT earlier on certain conditions which have not been challenged. (Para 9) IL&FS Tamil Nadu Power Company Ltd. v. T. Muruganandam, 2023 LiveLaw (SC) 192

National Green Tribunal Act, 2010 - NGT has the jurisdiction to direct the CPCB that it should in exercise of its powers under Section 5 of the Environment Protection Act, 1986. (Para 44, 47) Indian Oil Corporation Ltd. v. VBR Menon, 2023 LiveLaw (SC) 185

'NGT could not have ignored decree affirmed by Supreme Court': SC allows housing society's appeal. Shramjeevi Cooperative Housing Society Ltd. v. Dinesh Johi, 2023 LiveLaw (SC) 258 : AIR 2023 SC 1558

NGT has powers to execute its orders as decrees of Civil Court. Sushil Raghav v. Union of India, 2023 LiveLaw (SC) 140

Taj Trapezium matter: Supreme Court allows more flights to agra, removes restriction on increasing air traffic. M.C. Mehta v. Union of India, 2023 LiveLaw (SC) 82

The contest between development and environmental concerns is ever ongoing. While there is no doubt that ecology and environment need to be protected for the future generations, at the same time, development projects cannot be stalled, which are necessary not only for the economic development of the country, but at times for the safety of the citizens as well. No doubt that the protection of environment and ecology are important. However, at the same time, it cannot be denied that human life is also equally important. Association for Protection of Democratic Rights v. State of West Bengal, 2023 LiveLaw (SC) 102

The Supreme Court disapproves of building zoos inside tiger reserves; stops constructions within core areas of national parks, wildlife sanctuaries. In Re: T.N. Godavarman Thirumulpad v. Union of India, 2023 LiveLaw (SC) 104

The Supreme Court forms a committee to oversee transfer/import of wild animals in India. Muruly M.S. v. State of Karnataka, 2023 LiveLaw (SC) 164 : AIR 2023 SC 1368

The Supreme Court issues directions for installation of vapour recovery system in retail petroleum outlets. Indian Oil Corporation Ltd. v. VBR Menon, 2023 LiveLaw (SC) 185

The Supreme Court prohibits conversion of residential units into floor-wise apartments in Chandigarh phase 1 to protect 'corbusier' heritage. Residents Welfare Association v. Union Territory of Chandigarh, 2023 LiveLaw (SC) 24 : AIR 2023 SC 570

Time Limit under Rule 4(2) of Declaration of Wild Life Stock Rules cannot be relaxed. Vishalakshi Amma v. State of Kerala, 2023 LiveLaw (SC) 215

Wild Life (Protection) Act, 1972 - Individuals who have made a declaration of ownership of 'exotic live species' in accordance with the advisory issued by the Ministry of Environment, Forest and Climate Change are immune from prosecution - Since it has been held that Advisory was an Amnesty Scheme and declarants are immune from prosecution, the same would obviously mean that declarants are immune from prosecution or action under any future laws and amendments incorporated in the Wild Life(Protection) Act, 1972. Swetab Kumar v. Ministry of Environment, Forest and Climate Change, 2023 LiveLaw (SC) 245

Wildlife (Protection Act), 1972 - Declaration of Wild Life Stock Rules, 2003 - As per Rule 4(2), application/declaration under sub-rule (1) of Rule 4 for ownership certificate has to be made within a period of 180 days from the date of commencement of the Rules, 2003. Looking to the object and purpose of Sections 40 and 40A and the object and purpose for which Rules, 2003 has been enacted the period of 180 days prescribed under Rule 4(2) has to be construed and considered as mandatory, otherwise the object and purpose of the Act, 1972 and the Rules, 2003 shall be frustrated. (Para 5) Vishalakshi Amma v. State of Kerala, 2023 LiveLaw (SC) 215

Wildlife (Protection Act), 1972 - Declaration of Wild Life Stock Rules, 2003 - Once a person in control, custody or possession of any wildlife animal or wildlife animal article, fails to file such declaration and/or fails to make any application within the stipulated time mentioned in Rule 4(2) then the bar/rigour under Section 40 shall be applicable and the ownership of such wildlife animal article of which the declaration is not made shall vest in the Government/forest department. (Para 5.1) Vishalakshi Amma v. State of Kerala, 2023 LiveLaw (SC) 215