Summary: Applicant preferred an application to the CEC seeking permission to construct the health/eco-resort (nearby Pachmarhi Wildlife Sanctuary)- Allowing application, SC observed: The applicant is justified in claiming that its proprietary rights guaranteed under Article 300A of the Constitution of India cannot be infringed merely on account of the pending writ appeal before the Madhya …
Environment Law – Greenfield airport at Silchar– Environmental regulations are in place precisely to ensure that developmental projects, such as the establishment of airports, are undertaken in a manner that minimizes adverse ecological impacts and safeguards the well-being of both the environment and local communities. While acknowledging the importance of infrastructure development, it is paramount …
Code Of Civil Procedure, 1908; Section 114 and Order XLVII Rule 1 – Mistake or error apparent on the face of record would debar the court from acting as an appellate court in disguise, by indulging in a re-hearing. A decision, however erroneous, can never be a factor for review, but can only be corrected …
Summary: Vide order dated 19 April 2021, restrictions were imposed on the setting up of overhead transmission lines in a large swath of territory of about 99,000 square kilometres – Modifying the said order, SC observed: A blanket direction for undergrounding high voltage and low voltage power lines of the nature that was directed by …
M K Ranjitsinh vs Union of India 2024 INSC 280 – Great Indian Bustard – Environment Read More »
Environmental Law – Mining activities being undertaken in Districts – Bellary, Chitradurga and Tumkur in Karnataka – Directions issued – CEC, together with the Monitoring Committee and aid and advice of the Oversight Authority, to undertake a complete exercise in the three districts, and the respective mining leases situated therein, and submit a report.
Environment (Protection) Rules , 1986 ; Rule 5(4)– Article 21 guarantees a right to live in a pollution-free environment. The citizens have a fundamental duty to protect and improve the environment. Therefore, the participation of the citizens is very important, and it is taken care of by allowing them to raise objections to the proposed …
Noble M. Paikada vs Union Of India 2024 INSC 241 – Environmental Clearance – Read More »
Summary: SC directed Constitution of a committee to give recommendations on effective management and protection of the Tiger Reserves. Public Trust Doctrine – Executive acting under the doctrine of public trust cannot abdicate the natural resources and convert them into private ownership, or for commercial use. The aesthetic use and the pristine glory of the …
Environmental Law – The polluter pays principle, a widely accepted norm in international and domestic environmental law, asserts that those who pollute or degrade the environment should bear the costs of mitigation and restoration. This principle serves as a reminder that economic activities should not come at the expense of environmental degradation or the health …
Vedanta Limited vs State of Tamil Nadu 2024 INSC 175 – Environmental Law Read More »
National Green Tribunal – Appeal against exparte directions of the Tribunal to remove ‘encroachments’ on the ground that the constructions are in violation of Forest (Conservation) Act, 1980- Setting aside these directions, SC noted: NGT not following judicial culture of giving an opportunity of hearing to the parties who may be affected by its directions. …
Jamshid Kersi Dalal vs Union Of India 2024 INSC 123 – NGT – Ex Parte Orders Read More »
Central Empowered Committee -Conception, constitution, functions, and institutionalisation of the CEC- – Directions issued to the CEC to adopt the measures to promote institutional transparency, efficiency, and accountability in its functioning: i. The CEC shall formulate guidelines for the conduct of its functions and internal meetings. The CEC shall formulate the operating procedures delineating the …