Air (Prevention and Control of Pollution) Act, 1981

Supreme Court Upholds Prosecution Despite Ex-Post Facto Consent in Environmental Law Case: M/s Sweta Estate Pvt. Ltd. vs. Haryana State Pollution Control Board (2023) INSC 999 (10 November 2023)

/ Air (Prevention and Control of Pollution) Act, 1981, Environmental Law, Environmental Law with Section 21, Water (Prevention and Control of Pollution) Act, 1974

Supreme Court Upholds Prosecution Despite Ex-Post Facto Consent in Environmental Law Case LEGAL ISSUE: Whether an ex-post facto Consent to Establish (CTE) under the Air (Prevention and Control of Pollution) Act, 1981 and the Water (Prevention and Control of Pollution) Act, 1974 can absolve a company from prior violations. CASE TYPE: Environmental Law Case Name: […]

Supreme Court Upholds Prosecution Despite Ex-Post Facto Consent in Environmental Law Case: M/s Sweta Estate Pvt. Ltd. vs. Haryana State Pollution Control Board (2023) INSC 999 (10 November 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 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 Clarifies NGT’s Appellate Jurisdiction in Environmental Cases: Tamil Nadu Pollution Control Board vs. Sterlite Industries (2019)

/ Air (Prevention and Control of Pollution) Act, 1981, Air (Prevention and Control of Pollution) Act, 1981 with Section 31, Air (Prevention and Control of Pollution) Act, 1981 with Section 31A, Judges, National Green Tribunal Act, 2010, National Green Tribunal Act, 2010 with Section 14, National Green Tribunal Act, 2010 with Section 16, Navin Sinha, R.F. Nariman, 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 28, Water (Prevention and Control of Pollution) Act, 1974 with Section 33A

Supreme Court Clarifies NGT’s Appellate Jurisdiction in Environmental Cases Date of the Judgment: 18 February 2019 Citation: (2019) INSC 123 Judges: R.F. Nariman, J. and Navin Sinha, J. Can the National Green Tribunal (NGT) directly hear appeals against original orders of pollution control boards, or must these appeals go through the designated appellate authorities first?

Supreme Court Clarifies NGT’s Appellate Jurisdiction in Environmental Cases: Tamil Nadu Pollution Control Board vs. Sterlite Industries (2019) Read Post »

Supreme Court Overturns NGT Ruling on State Pollution Control Board Appointments: Techi Tagi Tara vs. Rajendra Singh Bhandari (22 September 2017)

/ Air (Prevention and Control of Pollution) Act, 1981, Air (Prevention and Control of Pollution) Act, 1981 with Section 5(2), Deepak Gupta, Environmental Governance, Environmental Law, Judges, Madan B. Lokur, National Green Tribunal Act, 2010, National Green Tribunal Act, 2010 with Section 14, National Green Tribunal Act, 2010 with Section 2(m), State Pollution Control Boards, Water (Prevention and Control of Pollution) Act, 1974, Water (Prevention and Control of Pollution) Act, 1974 with Section 4(2)

LEGAL ISSUE: The core legal issue revolves around the National Green Tribunal’s (NGT) jurisdiction to direct State Governments to reconsider appointments to State Pollution Control Boards (SPCBs) and to lay down guidelines for such appointments. CASE TYPE: This case falls under environmental law and administrative law, specifically concerning the powers and jurisdiction of the National

Supreme Court Overturns NGT Ruling on State Pollution Control Board Appointments: Techi Tagi Tara vs. Rajendra Singh Bhandari (22 September 2017) Read Post »

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