Environmental Law

Supreme Court Allows Limited Use of Sisodia Rani ka Bagh for Events: Department of Archaeology and Museums vs. Ashish Gautam (2020)

/ Arun Mishra, Environmental Law, Heritage Conservation, Judges, National Green Tribunal, S. Ravindra Bhat

Supreme Court Allows Limited Use of Sisodia Rani ka Bagh for Events LEGAL ISSUE: Whether a historical monument can be used for social functions while ensuring its preservation and the protection of the surrounding environment. CASE TYPE: Environmental Law, Heritage Conservation. Case Name: The Director, Department of Archaeology and Museums, Jaipur & Anr. vs. Ashish […]

Supreme Court Allows Limited Use of Sisodia Rani ka Bagh for Events: Department of Archaeology and Museums vs. Ashish Gautam (2020) Read Post »

Ex Post Facto Environmental Clearances deemed illegal: Supreme Court in Alembic Pharmaceuticals Ltd. vs. Rohit Prajapati & Ors. (2020)

/ Ajay Rastogi, Dhananjaya Y Chandrachud, Environment (Protection) Act 1986, Environment (Protection) Act 1986 with Section 3(1), Environment (Protection) Act 1986 with Section 3(2), Environmental Clearances, Environmental Impact Assessment, Environmental Law, Judges

Supreme Court on Ex Post Facto Environmental Clearances: Alembic Pharmaceuticals Ltd. vs. Rohit Prajapati & Ors. (2020) LEGAL ISSUE: Whether ex post facto environmental clearances can be granted to industries that violated the Environmental Impact Assessment notification of 1994. CASE TYPE: Environmental Law Case Name: Alembic Pharmaceuticals Ltd. vs. Rohit Prajapati & Ors. [Judgment Date]:

Ex Post Facto Environmental Clearances deemed illegal: Supreme Court in Alembic Pharmaceuticals Ltd. vs. Rohit Prajapati & Ors. (2020) Read Post »

Supreme Court Upholds Dismissal of Damages Claim in Wildlife Sanctuary Land Dispute: M/S. Natesan Agencies vs. State (2020) INSC 77 (05 February 2020)

/ Contract Law, Dinesh Maheshwari, Judges, Leases, Uday Umesh Lalit, Wild Life (Protection) Act, 1972, Wild Life (Protection) Act, 1972 with Notification of 06 March 1976

Supreme Court Upholds Dismissal of Damages Claim in Wildlife Sanctuary Land Dispute Date of the Judgment: 05 February 2020 Citation: (2020) INSC 77 Judges: Uday Umesh Lalit, J. and Dinesh Maheshwari, J. Can a party claim damages from the State for being unable to use land included in a wildlife sanctuary, especially when a subsequent

Supreme Court Upholds Dismissal of Damages Claim in Wildlife Sanctuary Land Dispute: M/S. Natesan Agencies vs. State (2020) INSC 77 (05 February 2020) Read Post »

Supreme Court Lifts Embargo on Mopa Airport Environmental Clearance: Hanuman Laxman Aroskar vs. Union of India (2020) INSC 4

/ Constitutional Law, Constitutional Law with Article 142, Dhananjaya Y Chandrachud, Environmental Impact Assessment, Environmental Law, Environmental Law with Environment (Protection) Act, 1986, Expert Appraisal Committee, Hemant Gupta, Judges

Supreme Court Lifts Embargo on Mopa Airport Environmental Clearance Date of the Judgment: January 16, 2020 Citation: (2020) INSC 4 Judges: Dr. Dhananjaya Y Chandrachud, J and Hemant Gupta, J Can a previously suspended environmental clearance for a major infrastructure project be reinstated? The Supreme Court of India addressed this question in the case of

Supreme Court Lifts Embargo on Mopa Airport Environmental Clearance: Hanuman Laxman Aroskar vs. Union of India (2020) INSC 4 Read Post »

Supreme Court Addresses Delhi’s Air and Water Pollution Crisis, Issues Stringent Directives (13 January 2020)

/ Air Pollution, Arun Mishra, Constitutional Law, Constitutional Law with Article 21, Deepak Gupta, Environmental Law, Fundamental Rights, Judges, The Air (Prevention and Control of Pollution) Act, 1981, Water Pollution

Supreme Court Directs Action on Air and Water Pollution in Delhi NCR LEGAL ISSUE: Addressing the escalating issue of environmental pollution, particularly air and water pollution, in Delhi and the National Capital Region (NCR). CASE TYPE: Environmental Law, Public Interest Litigation Case Name: M.C. Mehta vs. Union of India & Ors. Judgment Date: 13 January

Supreme Court Addresses Delhi’s Air and Water Pollution Crisis, Issues Stringent Directives (13 January 2020) Read Post »

Supreme Court Clarifies “Expansion” Under EIA Notification in Keystone Realtors Case (2019)

/ Ajay Rastogi, Building and Construction Projects, Dhananjaya Y Chandrachud, EIA Notification, 2006, EIA Notification, 2006 with Paragraph 2, EIA Notification, 2006 with Paragraph 7(ii), Environment Impact Assessment, Environmental Clearance, Environmental Law, Judges, Precautionary Principle

Supreme Court Clarifies “Expansion” Under EIA Notification in Keystone Realtors Case (2019) LEGAL ISSUE: Interpretation of “expansion” under the Environment Impact Assessment (EIA) Notification, 2006. CASE TYPE: Environmental Law Case Name: Keystone Realtors Pvt. Ltd. vs. Shri Anil V Tharthare & Ors. Judgment Date: December 3, 2019 Introduction Date of the Judgment: December 3, 2019

Supreme Court Clarifies “Expansion” Under EIA Notification in Keystone Realtors Case (2019) Read Post »

Supreme Court Clarifies Prosecution of Municipal Commissioners under the Water Act: Karnataka State Pollution Control Board vs. B. Heera Naik & Ors. (26 November 2019)

/ Ashok Bhushan, Judges, Karnataka Municipalities Act, 1964, Karnataka Municipalities Act, 1964 with Section 10, M.R. Shah, Offences by Companies, Water (Prevention and Control of Pollution) Act, 1974, Water (Prevention and Control of Pollution) Act, 1974 with Section 47, Water (Prevention and Control of Pollution) Act, 1974 with Section 48

Supreme Court Clarifies Prosecution of Municipal Commissioners under the Water Act: Karnataka State Pollution Control Board vs. B. Heera Naik & Ors. (2019) LEGAL ISSUE: Whether Commissioners and Chief Officers of Municipal Councils can be prosecuted under Section 48 of the Water (Prevention and Control of Pollution) Act, 1974. CASE TYPE: Environmental Law, Criminal Law

Supreme Court Clarifies Prosecution of Municipal Commissioners under the Water Act: Karnataka State Pollution Control Board vs. B. Heera Naik & Ors. (26 November 2019) Read Post »

Supreme Court prohibits alienation of common water bodies for industrial use: Jitendra Singh vs. Ministry of Environment & Ors. (2019) INSC 926

/ Arun Mishra, Constitutional Law, Constitutional Law with Article 21, Constitutional Law with Article 48A, Environmental (Protection) Act, 1984, Environmental Law, Fundamental Rights, Judges, National Green Tribunal Act, 2010, Surya Kant, UP Zamindari Abolition and Land Reforms Act, 1950, UP Zamindari Abolition and Land Reforms Act, 1950 with Section 117, Water Bodies Protection

Supreme Court prohibits alienation of common water bodies for industrial use: Jitendra Singh vs. Ministry of Environment & Ors. (2019) INSC 926 LEGAL ISSUE: Whether the State can alienate common water bodies for industrial activities under the guise of providing alternatives. CASE TYPE: Environmental Law, Public Interest Litigation Case Name: Jitendra Singh vs. Ministry of

Supreme Court prohibits alienation of common water bodies for industrial use: Jitendra Singh vs. Ministry of Environment & Ors. (2019) INSC 926 Read Post »

Supreme Court Upholds Revocation of Environmental Clearance for Mining: Department of Mines & Geology vs. State Level Environment Impact Assessment Authority (2019)

/ Environment Impact Assessment Notification, 2006, Environment Impact Assessment Notification, 2006, Environmental Clearance, Environmental Impact Assessment, Environmental Law, Hemant Gupta, Judges, L. Nageswara Rao, Mining Law

Supreme Court Upholds Revocation of Environmental Clearance for Mining: Department of Mines & Geology vs. State Level Environment Impact Assessment Authority (2019) LEGAL ISSUE: Whether an environmental clearance granted for mining can be revoked if the facts presented in the application differ from the ground reality. CASE TYPE: Environmental Law Case Name: Department of Mines

Supreme Court Upholds Revocation of Environmental Clearance for Mining: Department of Mines & Geology vs. State Level Environment Impact Assessment Authority (2019) Read Post »

Supreme Court Upholds NGT Decision on Forest Land Classification in Uttarakhand: Chandra Prakash Budakoti vs. Union of India (2019)

/ Deemed Forest, Environmental Law, Forest (Conservation) Act, 1980, Forest (Conservation) Act, 1980 with Section 2, Hemant Gupta, Judges, L. Nageswara Rao, National Green Tribunal

Supreme Court Upholds NGT Decision on Forest Land Classification in Uttarakhand LEGAL ISSUE: Whether land recorded as ‘banjar’ (barren) in revenue records can be classified as a ‘deemed forest’ under the Forest (Conservation) Act, 1980. CASE TYPE: Environmental Law Case Name: Chandra Prakash Budakoti vs. Union of India & Ors. Judgment Date: 24 October 2019

Supreme Court Upholds NGT Decision on Forest Land Classification in Uttarakhand: Chandra Prakash Budakoti vs. Union of India (2019) Read Post »

Supreme Court Modifies NGT Order on Environmental Compensation: Tata Power Delhi vs. Manoj Misra (2019)

/ Delhi Electricity Reforms Act, 2000, Electricity Act, 2003, Electricity Law, Hemant Gupta, Judges, L. Nageswara Rao, 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 18(1)

Supreme Court Modifies NGT Order on Environmental Compensation: Tata Power Delhi vs. Manoj Misra (2019) LEGAL ISSUE: Whether an electricity distribution company can be directed to collect environmental compensation through electricity bills. CASE TYPE: Environmental Law, National Green Tribunal Case Name: Tata Power Delhi Distribution Ltd. vs. Manoj Misra and Ors. Judgment Date: 24 October

Supreme Court Modifies NGT Order on Environmental Compensation: Tata Power Delhi vs. Manoj Misra (2019) Read Post »

Supreme Court clarifies definition of “built-up area” under EIA Notification in Goel Ganga Developers vs. Union of India (2019)

/ Aniruddha Bose, Built-up Area, Deepak Gupta, Environment Impact Assessment (EIA) Notification, Environment Impact Assessment (EIA) Notification, 2006, Environment Law, Environmental Clearance, Item No. 8, Environment Impact Assessment (EIA) Notification, 2006, Judges

Supreme Court Clarifies “Built-Up Area” Under EIA Notification: Goel Ganga Developers vs. Union of India (2019) LEGAL ISSUE: Interpretation of “built-up area” under the Environment Impact Assessment (EIA) Notification. CASE TYPE: Environmental Law Case Name: M/S. GOEL GANGA DEVELOPERS INDIA PVT. LTD. vs. UNION OF INDIA [Judgment Date]: September 11, 2019 Introduction Date of the

Supreme Court clarifies definition of “built-up area” under EIA Notification in Goel Ganga Developers vs. Union of India (2019) Read Post »

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