Environment (Protection) Act, 1986

Supreme Court Institutionalizes Central Empowered Committee for Environmental Protection: T.N. Godavarman Thirumulpad vs. Union of India (2024) INSC 78 (31 January 2024)

/ Constitutional Law, Environment (Protection) Act, 1986, Environment (Protection) Act, 1986 with Section 3(3), Environmental Governance, Rule of Law

Supreme Court Institutionalizes Central Empowered Committee for Environmental Protection Date of the Judgment: 31 January 2024 Citation: 2024 INSC 78 Judges: B.R. Gavai, Pamidighantam Sri Narasimha, and Prashant Kumar Mishra, JJ. How can environmental governance be made more effective and accountable? The Supreme Court of India, in a significant step, has addressed the long-standing issue […]

Supreme Court Institutionalizes Central Empowered Committee for Environmental Protection: T.N. Godavarman Thirumulpad vs. Union of India (2024) INSC 78 (31 January 2024) Read Post »

Supreme Court Modifies ESZ Order: Relief for Residents Near National Parks (26 April 2023)

/ B.R. Gavai, Environment (Protection) Act, 1986, Environment (Protection) Act, 1986 with Section 3(v), Environment (Protection) Rules, 1986 with Rule 5, Judges, Rights of people residing in protected areas, Sanjay Karol, Vikram Nath, Wild Life (Protection) Act, 1972, Wild Life (Protection) Act, 1972 with Section 18 to 25A

Supreme Court Modifies ESZ Order: Relief for Residents Near National Parks LEGAL ISSUE: Modification of mandatory 1km Eco-Sensitive Zone (ESZ) around protected forests. CASE TYPE: Environmental Law, Public Interest Litigation Case Name: T.N. Godavarman Thirumulpad vs. Union of India and Others Judgment Date: 26 April 2023 Date of the Judgment: 26 April 2023 Citation: 2023

Supreme Court Modifies ESZ Order: Relief for Residents Near National Parks (26 April 2023) Read Post »

Supreme Court Modifies NGT Order on Consent for Petroleum Outlets: Indian Oil Corporation Limited vs. V.B.R. Menon & Others (2023) INSC 227 (14 March 2023)

/ Air (Prevention and Control of Pollution) Act, 1981, Air (Prevention and Control of Pollution) Act, 1981 with Section 21, Environment (Protection) Act, 1986, Environment (Protection) Act, 1986 with Section 5, J.B. Pardiwala, Judges, National Green Tribunal Act, 2010, National Green Tribunal Act, 2010 with Section 22, National Green Tribunal Act, 2010 with Section 33, Sudhanshu Dhulia, Water (Prevention and Control of Pollution) Act, 1974, Water (Prevention and Control of Pollution) Act, 1974 with Section 18, Water (Prevention and Control of Pollution) Act, 1974 with Section 25

Supreme Court Modifies NGT Order on Consent for Petroleum Outlets Date of the Judgment: 14 March 2023 Citation: (2023) INSC 227 Judges: Justice Sudhanshu Dhulia and Justice J.B. Pardiwala Can the National Green Tribunal (NGT) mandate that all petroleum retail outlets obtain “Consent to Establish” (CTE) and “Consent to Operate” (CTO)? The Supreme Court of

Supreme Court Modifies NGT Order on Consent for Petroleum Outlets: Indian Oil Corporation Limited vs. V.B.R. Menon & Others (2023) INSC 227 (14 March 2023) Read Post »

Supreme Court clarifies consent requirements for retail petroleum outlets: Indian Oil Corporation Limited vs. V.B.R. Menon & Others (2023) INSC 231 (14 March 2023)

/ Air (Prevention and Control of Pollution) Act, 1981, Air (Prevention and Control of Pollution) Act, 1981 with Section 18, Air (Prevention and Control of Pollution) Act, 1981 with Section 21, Environment (Protection) Act, 1986, Environment (Protection) Act, 1986 with Section 5, J.B. Pardiwala, Judges, National Green Tribunal Act, 2010, National Green Tribunal Act, 2010 with Section 22, National Green Tribunal Act, 2010 with Section 33, Sudhanshu Dhulia, Water (Prevention and Control of Pollution) Act, 1974, Water (Prevention and Control of Pollution) Act, 1974 with Section 18, Water (Prevention and Control of Pollution) Act, 1974 with Section 25

Supreme Court on Consent Requirements for Retail Petroleum Outlets Date of the Judgment: 14 March 2023 Citation: (2023) INSC 231 Judges: Justice J.B. Pardiwala, Justice Sudhanshu Dhulia Can the National Green Tribunal (NGT) mandate that all retail petroleum outlets obtain “Consent to Establish” (CTE) and “Consent to Operate” (CTO)? The Supreme Court recently addressed this

Supreme Court clarifies consent requirements for retail petroleum outlets: Indian Oil Corporation Limited vs. V.B.R. Menon & Others (2023) INSC 231 (14 March 2023) Read Post »

Supreme Court permits ex post facto Environmental Clearance for Bio-Medical Waste Treatment Facilities: D. Swamy vs. Karnataka State Pollution Control Board (22 September 2022)

/ Bio-Medical Waste Treatment, Environment (Protection) Act, 1986, Environment (Protection) Act, 1986 with Section 3, Environmental Impact Assessment Notification, 2006, Environmental Law, Ex Post Facto Environmental Clearance, General Clauses Act, 1897, General Clauses Act, 1897 with Section 21, Indira Banerjee, J. K. Maheshwari, Judges

Supreme Court permits ex post facto Environmental Clearance for Bio-Medical Waste Treatment Facilities: D. Swamy vs. Karnataka State Pollution Control Board (2022) LEGAL ISSUE: Whether a Bio-Medical Waste Treatment Facility can operate without prior Environmental Clearance (EC). CASE TYPE: Environmental Law, National Green Tribunal Act. Case Name: D. Swamy vs. Karnataka State Pollution Control Board

Supreme Court permits ex post facto Environmental Clearance for Bio-Medical Waste Treatment Facilities: D. Swamy vs. Karnataka State Pollution Control Board (22 September 2022) Read Post »

Supreme Court allows operation of units pending environmental clearance: M/S Pahwa Plastics vs. Dastak NGO (2022)

/ Air (Prevention and Control of Pollution) Act, 1981, Air (Prevention and Control of Pollution) Act, 1981 with Section 16, Air (Prevention and Control of Pollution) Act, 1981 with Section 17, Air (Prevention and Control of Pollution) Act, 1981 with Section 18, Environment (Protection) Act, 1986, Environment (Protection) Act, 1986 with Section 3, Environment (Protection) Act, 1986 with Section 5, Indira Banerjee, J.K. Maheshwari, Judges

Supreme Court Allows Operation of Units Pending Environmental Clearance: M/S Pahwa Plastics vs. Dastak NGO (2022) LEGAL ISSUE: Whether an establishment can operate while awaiting ex post facto Environmental Clearance (EC). CASE TYPE: Environmental Law Case Name: M/S Pahwa Plastics Pvt. Ltd. and Anr. vs. Dastak NGO and Ors. [Judgment Date]: 25 March 2022 Date

Supreme Court allows operation of units pending environmental clearance: M/S Pahwa Plastics vs. Dastak NGO (2022) Read Post »

Supreme Court Restores Environmental Case, Emphasizes NGT’s Adjudicatory Role: Kantha Vibhag Yuva Koli Samaj Parivartan Trust vs. State of Gujarat (21 January 2022)

/ Bela M Trivedi, Dhananjaya Y Chandrachud, Environment (Protection) Act, 1986, Environment (Protection) Act, 1986 with Sections 3, 6 and 25, Environmental Adjudication, Environmental Law, Judges, National Green Tribunal Act, 2010, National Green Tribunal Act, 2010 with Section 14, National Green Tribunal Act, 2010 with Section 15, Solid Waste Management

Supreme Court Restores Environmental Case, Emphasizes NGT’s Adjudicatory Role: Kantha Vibhag Yuva Koli Samaj Parivartan Trust vs. State of Gujarat (2022) LEGAL ISSUE: Whether the National Green Tribunal (NGT) can delegate its adjudicatory functions to an administrative expert committee. CASE TYPE: Environmental Law Case Name: Kantha Vibhag Yuva Koli Samaj Parivartan Trust and Others vs.

Supreme Court Restores Environmental Case, Emphasizes NGT’s Adjudicatory Role: Kantha Vibhag Yuva Koli Samaj Parivartan Trust vs. State of Gujarat (21 January 2022) Read Post »

Supreme Court Upholds NGT Order on Mount Abu Eco-Sensitive Zone: Pragnesh Shah vs. Dr. Arun Kumar Sharma (2022)

/ A S Bopanna, Dhananjaya Y Chandrachud, Eco-Sensitive Zones, Environment (Protection) Act, 1986, Environment (Protection) Act, 1986 with Section 3(2)(v), Environment (Protection) Act, 1986 with Section 3(2)(xiv), Judges, National Green Tribunal Act, 2010, National Green Tribunal Act, 2010 with Section 14, National Green Tribunal Act, 2010 with Section 15(1)(c), National Green Tribunal Act, 2010 with Section 20

Supreme Court Upholds NGT Order on Mount Abu Eco-Sensitive Zone: Pragnesh Shah vs. Dr. Arun Kumar Sharma (2022) LEGAL ISSUE: Whether the National Green Tribunal (NGT) has the jurisdiction to direct modifications to a Zonal Master Plan (ZMP) for an Eco-Sensitive Zone (ESZ) and whether the NGT correctly upheld the Expert Committee’s report recommending against

Supreme Court Upholds NGT Order on Mount Abu Eco-Sensitive Zone: Pragnesh Shah vs. Dr. Arun Kumar Sharma (2022) Read Post »

Supreme Court Upholds NGT Order on Mount Abu Eco-Sensitive Zone: Pragnesh Shah vs. Dr. Arun Kumar Sharma (2022)

/ A S Bopanna, Dhananjaya Y Chandrachud, Environment (Protection) Act, 1986, Environment (Protection) Act, 1986 with Section 3, Judges, National Green Tribunal Act, 2010, National Green Tribunal Act, 2010 with Section 14, National Green Tribunal Act, 2010 with Section 15, National Green Tribunal Act, 2010 with Section 20

Supreme Court Upholds NGT Order on Mount Abu Eco-Sensitive Zone: Pragnesh Shah vs. Dr. Arun Kumar Sharma (2022) LEGAL ISSUE: Whether the National Green Tribunal (NGT) has the jurisdiction to direct amendments to a Zonal Master Plan (ZMP) within an Eco-Sensitive Zone (ESZ) and whether the NGT correctly applied the precautionary principle in upholding the

Supreme Court Upholds NGT Order on Mount Abu Eco-Sensitive Zone: Pragnesh Shah vs. Dr. Arun Kumar Sharma (2022) Read Post »

Supreme Court Upholds NGT Order on Mount Abu Eco-Sensitive Zone: Pragnesh Shah vs. Dr. Arun Kumar Sharma (12 January 2022)

/ A S Bopanna, Dhananjaya Y Chandrachud, Environment (Protection) Act, 1986, Environment (Protection) Act, 1986 with Section 3, Judges, National Green Tribunal Act, 2010, National Green Tribunal Act, 2010 with Section 14, National Green Tribunal Act, 2010 with Section 15, National Green Tribunal Act, 2010 with Section 20

Supreme Court Upholds NGT Order on Mount Abu Eco-Sensitive Zone: Pragnesh Shah vs. Dr. Arun Kumar Sharma (2022) Date of the Judgment: 12 January 2022 Citation: 2022 INSC 31 Judges: Dr. Justice Dhananjaya Y Chandrachud, J and A S Bopanna, J Can developmental activities be restricted in an area declared as an Eco-Sensitive Zone (ESZ)

Supreme Court Upholds NGT Order on Mount Abu Eco-Sensitive Zone: Pragnesh Shah vs. Dr. Arun Kumar Sharma (12 January 2022) Read Post »

Supreme Court Clarifies Environmental Clearance Norms for Highway Expansion Projects: National Highways Authority of India vs. Pandarinathan Govindarajulu & Anr. (2021) INSC 21

/ Ajay Rastogi, Environment (Protection) Act, 1986, Environment (Protection) Act, 1986 with Section 3, Environment (Protection) Rules, 1986, Hemant Gupta, Judges, L. Nageswara Rao, Notification dated 14.09.2006, Notification dated 22.08.2013, Notifications

Supreme Court Clarifies Environmental Clearance Norms for Highway Expansion Projects Date of the Judgment: January 19, 2021 Citation: (2021) INSC 21 Judges: L. Nageswara Rao, J., Hemant Gupta, J., Ajay Rastogi, J. Can highway expansion projects be divided into smaller segments to avoid environmental clearances? The Supreme Court of India recently addressed this critical question,

Supreme Court Clarifies Environmental Clearance Norms for Highway Expansion Projects: National Highways Authority of India vs. Pandarinathan Govindarajulu & Anr. (2021) INSC 21 Read Post »

Central Vista Project: Supreme Court Upholds Land Use Changes and Environmental Clearance (5 January 2021)

/ A.M. Khanwilkar, Delhi Development Act, 1957, Delhi Development Act, 1957 with Section 11A, Delhi Urban Art Commission Act, 1973, Delhi Urban Art Commission Act, 1973 with Section 11, Dinesh Maheshwari, Environment (Protection) Act, 1986, Environmental Clearance, Environmental Impact Assessment, Functions of the Commission, Judges, Modifications to Master Plan, Sanjiv Khanna

Date of the Judgment: 5 January 2021 Citation: 2021 INSC 1 Judges: A.M. Khanwilkar, J., Dinesh Maheshwari, J., Sanjiv Khanna, J. (partially dissenting) Can the government proceed with a major infrastructure project despite public concerns and objections? The Supreme Court of India recently addressed this question in a challenge to the Central Vista Project, a

Central Vista Project: Supreme Court Upholds Land Use Changes and Environmental Clearance (5 January 2021) Read Post »

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