Environmental Law

Supreme Court Upholds Bank Guarantee Invocation in Pollution Control Case: Andhra Pradesh Pollution Control Board vs. CCL Products (India) Limited (22 July 2019)

/ Compliance, Contract Law, Dhananjaya Y Chandrachud, Environment (Protection) Rules, 1986, Environmental Law, Independent Contracts, Indira Banerjee, Judges, Pollution Control, Standards, Water (Prevention and Control of Pollution) Act 1974

Supreme Court Upholds Bank Guarantee Invocation in Pollution Control Case Date of the Judgment: 22 July 2019 Citation: Civil Appeal No 7005 of 2017 Judges: Dr Dhananjaya Y Chandrachud, J and Indira Banerjee, J. The judgment was authored by Dr Dhananjaya Y Chandrachud, J. The Supreme Court of India recently addressed whether a bank guarantee […]

Supreme Court Upholds Bank Guarantee Invocation in Pollution Control Case: Andhra Pradesh Pollution Control Board vs. CCL Products (India) Limited (22 July 2019) Read Post »

Supreme Court Clarifies Mining Regulations in Meghalaya Tribal Areas: State of Meghalaya vs. All Dimasa Students Union (2019) INSC 709 (03 July 2019)

/ Ashok Bhushan, Constitutional Law, Constitutional Law with Article 244(2), Constitutional Law with Article 275(1), Judges, K.M. Joseph, Mines and Minerals (Development and Regulation) Act, 1957, Mines and Minerals (Development and Regulation) Act, 1957 with Section 21, Mines and Minerals (Development and Regulation) Act, 1957 with Section 4, Mines and Minerals (Development and Regulation) Act, 1957 with Section 5, 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 2(m), Sixth Schedule of the Constitution of India

Supreme Court Clarifies Mining Regulations in Meghalaya Tribal Areas Date of the Judgment: 03 July 2019 Citation: (2019) INSC 709 Judges: Ashok Bhushan, J., K.M. Joseph, J. Can tribal communities in Meghalaya mine coal on their land without a mining lease? The Supreme Court of India recently addressed this crucial question, clarifying the applicability of

Supreme Court Clarifies Mining Regulations in Meghalaya Tribal Areas: State of Meghalaya vs. All Dimasa Students Union (2019) INSC 709 (03 July 2019) Read Post »

Supreme Court Allows Transportation of Already Challaned Coal in Meghalaya: Lber Laloo vs. All Dimasa Students Union (2019)

/ Ashok Bhushan, Environmental Law, Judges, K.M. Joseph, Mines and Minerals (Development and Regulation) Act, 1957, Mining Law, National Green Tribunal, Supreme Court Orders

Supreme Court Allows Transportation of Already Challaned Coal in Meghalaya LEGAL ISSUE: Whether transportation of already challaned coal should be permitted despite a ban on coal mining. CASE TYPE: Environmental Law, Mining Law Case Name: Lber Laloo vs. All Dimasa Students Union & Ors. and Ka Hima Nongstoin Land Owners, Coal Traders and Producers Association

Supreme Court Allows Transportation of Already Challaned Coal in Meghalaya: Lber Laloo vs. All Dimasa Students Union (2019) Read Post »

Supreme Court suspends Environmental Clearance for Goa Airport Project: Hanuman Laxman Aroskar vs. Union of India (29 March 2019)

/ Constitutional Law, Constitutional Law with Article 48A, Constitutional Law with Article 51A(g), Dhananjaya Y Chandrachud, Environmental Clearance, Environmental Impact Assessment, Environmental Law, Hemant Gupta, Judges

Supreme Court suspends Environmental Clearance for Goa Airport Project: Hanuman Laxman Aroskar vs. Union of India (2019) LEGAL ISSUE: Whether the Environmental Clearance (EC) granted for the development of a greenfield international airport at Mopa, Goa was valid, considering the alleged concealment of material facts and procedural lapses. CASE TYPE: Environmental Law, Public Interest Litigation

Supreme Court suspends Environmental Clearance for Goa Airport Project: Hanuman Laxman Aroskar vs. Union of India (29 March 2019) 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 Upholds Sewerage Cess on Industries Discharging Effluents via Common Treatment Plant (2019)

/ Environment (Protection) Act, 1986, Environmental Law, Hyderabad Metropolitan Water Supply and Sewerage Act, 1989, Hyderabad Metropolitan Water Supply and Sewerage Act, 1989 with Section 55, Indira Banerjee, Judges, R. Banumathi, Sewerage Charges, Water Pollution

Supreme Court Upholds Sewerage Cess on Industries Discharging Effluents via Common Treatment Plant (2019) LEGAL ISSUE: Whether industries discharging treated effluents into a common effluent treatment plant are liable to pay sewerage cess. CASE TYPE: Civil Law – Water and Sewerage Cess Case Name: Vasant Chemicals Limited vs. The Managing Director, Hyderabad Metropolitan Water Supply

Supreme Court Upholds Sewerage Cess on Industries Discharging Effluents via Common Treatment Plant (2019) Read Post »

Supreme Court directs Collector to Monitor Water Usage for Industrial Purposes in Tamil Nadu (4 February 2019)

/ Dhananjaya Y. Chandrachud, Forest (Conservation) Act, 1980, Forest (Conservation) Act, 1980 with Section 2, Guidelines under Forest (Conservation) Act, 1980, Hemant Gupta, Judges, National Green Tribunal Act, 2010, National Green Tribunal Act, 2010 with Section 14, Orders of the National Green Tribunal

Supreme Court directs Collector to Monitor Water Usage for Industrial Purposes in Tamil Nadu Date of the Judgment: 4 February 2019 Citation: M/S. Southern Petrochemical Industries Corpn. Ltd. vs S. Joel & Ors. (2019) INSC 68 Judges: Dr. Dhananjaya Y. Chandrachud, J. and Hemant Gupta, J. Can water, diverted from forest land for drinking purposes,

Supreme Court directs Collector to Monitor Water Usage for Industrial Purposes in Tamil Nadu (4 February 2019) Read Post »

Supreme Court Clarifies Environmental Clearance Scope in Mining: Common Cause vs. Union of India (2018)

/ Deepak Gupta, Environmental Impact Assessment, Environmental Law, Judges, Madan B. Lokur, Mines and Minerals (Development and Regulation) Act, 1957, Mines and Minerals (Development and Regulation) Act, 1957 with Section 1, Mining Regulations

Supreme Court Clarifies Environmental Clearance Scope in Mining: Common Cause vs. Union of India (2018) LEGAL ISSUE: Scope of Environmental Clearance in mining operations, specifically regarding the distinction between iron ore and iron ore (lump). CASE TYPE: Mining and Environmental Law Case Name: Common Cause vs. Union of India & Ors. [Judgment Date]: 12 November

Supreme Court Clarifies Environmental Clearance Scope in Mining: Common Cause vs. Union of India (2018) Read Post »

Supreme Court Restores NGT Case on Land Exchange: Sarv Jan Kalyan Sewa Samiti vs. Union of India (2019)

/ Dhananjaya Y Chandrachud, Environmental Law, Hemant Gupta, Implementation of Court Orders, Judges, Judicial Discipline, National Green Tribunal, Orders of Courts, Supreme Court of India

Supreme Court Restores NGT Case on Land Exchange: Sarv Jan Kalyan Sewa Samiti vs. Union of India (2019) LEGAL ISSUE: Whether the National Green Tribunal (NGT) erred in disposing of an Original Application (OA) without considering objections after the Supreme Court had directed that the NGT should not hinder the appellant from pursuing remedies in

Supreme Court Restores NGT Case on Land Exchange: Sarv Jan Kalyan Sewa Samiti vs. Union of India (2019) Read Post »

Supreme Court restricts sale of BS-IV vehicles post 31st March 2020: M.C. Mehta vs. Union of India (24 October 2018)

/ Bharat Stage Emission Norms, Central Motor Vehicles Rules, 1989, Central Motor Vehicles Rules, 1989 with Rule 115, Deepak Gupta, Environmental Law, Environmental Law with Article 21, Judges, Madan B. Lokur, S. Abdul Nazeer, Vehicular Pollution

Supreme Court restricts sale of BS-IV vehicles post 31st March 2020: M.C. Mehta vs. Union of India (2018) LEGAL ISSUE: Whether the sale of Bharat Stage IV (BS-IV) compliant vehicles should be permitted after March 31, 2020. CASE TYPE: Environmental Law. Case Name: M.C. Mehta vs. Union of India & Ors. Judgment Date: 24 October

Supreme Court restricts sale of BS-IV vehicles post 31st March 2020: M.C. Mehta vs. Union of India (24 October 2018) Read Post »

Supreme Court Clarifies the Scope of ‘Public Trust’ Doctrine in Land Disputes: Ram Avatar Soni vs. Mahanta Laxmidhar Das (2018)

/ Indira Banerjee, Judges, Land Disputes, Land Law, Ownership Disputes, Property Rights, Public Trust Doctrine, R. Banumathi, Temple Properties

Supreme Court Clarifies the Scope of ‘Public Trust’ Doctrine in Land Disputes: Ram Avatar Soni vs. Mahanta Laxmidhar Das (2018) LEGAL ISSUE: Applicability of the ‘Public Trust’ doctrine in disputes concerning the management of temple properties. CASE TYPE: Civil Appeal Case Name: Ram Avatar Soni vs. Mahanta Laxmidhar Das and Ors. Judgment Date: 24 October

Supreme Court Clarifies the Scope of ‘Public Trust’ Doctrine in Land Disputes: Ram Avatar Soni vs. Mahanta Laxmidhar Das (2018) Read Post »

Supreme Court Regulates Firecracker Sales to Curb Pollution: Arjun Gopal vs. Union of India (23 October 2018)

/ A.K. Sikri, Air Pollution, Ashok Bhushan, Constitutional Law, Constitutional Law with Article 19(1)(g), Constitutional Law with Article 21, Environmental Law, Fundamental Rights, Judges, Precautionary Principle

Supreme Court Regulates Firecracker Sales to Curb Pollution: Arjun Gopal vs. Union of India (2018) LEGAL ISSUE: Balancing the right to a healthy environment with the right to trade and religious practices during festivals, specifically concerning the use of firecrackers. CASE TYPE: Public Interest Litigation (Environmental Law) Case Name: Arjun Gopal and Others vs. Union

Supreme Court Regulates Firecracker Sales to Curb Pollution: Arjun Gopal vs. Union of India (23 October 2018) Read Post »

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