Supreme Court of India Judgements

46670 Judgements hosted as on 9/12/2024 - Search (FREE), Subscribe, Read & Download

Category: Environment

Environment

Genetically Modified Organisms — Regulation and approval of genetically modified organisms — Environmental release of transgenic mustard hybrid DMH-11 — The Supreme Court has quashed the approval of the environmental release of transgenic mustard hybrid DMH-11, developed by the Centre for Genetic Manipulation of Crop Plants (CGMCP) at the University of Delhi — The court found that the decision-making process was arbitrary and violated the precautionary principle — The court directed the government to take a fresh decision on the release of the transgenic mustard hybrid, considering the recommendations of the Technical Expert Committee (TEC) and the Parliamentary Standing Committee on Agriculture — The court also directed the government to formulate a National Policy on GM crops, involving all stakeholders, and to ensure transparency and public participation in the decision-making process — The court emphasized the importance of protecting the environment, biodiversity, and the health of citizens in the context of genetically modified organisms.

Jul 27, 2024 sclaw

2024 INSC 545 SUPREME COURT OF INDIA DIVISION BENCH GENE CAMPAIGN AND ANOTHER — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : B.V. Nagarathna and Sanjay…

Environment

Environment (Protection) Act, 1986 – 3(2)(v)(1) – Environment (Protection) Rules, 1986 – Rule 5(3)(d) – The Court finds the exemption to be unguided and arbitrary, lacking specific criteria for the quantity of earth extraction and the definition of linear projects – The Court concludes that the exemption under item 6 of the impugned notification is illegal and arbitrary, violating Article 14 of the Constitution of India – The amended notification also fails to address these concerns adequately – Appeal Partly allowed.

Mar 25, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NOBLE M. PAIKADA — Appellant Vs. UNION OF INDIA — Respondent ( Before : Abhay S. Oka and Sanjay Karol, JJ. ) Civil Appeal…

Environment

Environmental Rule of Law – The importance of ensuring the effective functioning of these environmental bodies as this is imperative for the protection, restitution, and development of the ecology – The role of the constitutional courts is therefore to monitor the proper institutionalisation of environmental regulatory bodies and authorities

Feb 4, 2024 sclaw

SUPREME COURT OF INDIA FULL BENCH IN RE: T.N. GODAVARMAN THIRUMULPAD — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : B.R. Gavai, Pamidighantam Sri Narasimha and…

Environment

Protection of Chittorgarh Fort – Directions issued – Blasting operations undertaken for limestone extraction resulting in possible damage to the existing structures of the Chittorgarh Fort – Keeping in perspective the continuous exposure of ancient monuments to peak particle velocity (PPV) arising from blasting, a radius of five kilometres from the compound wall of the Fort shall not be subjected to mining by blasting or use of explosives for mining of any minerals

Jan 14, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH BIRLA CORPORATION LIMITED THROUGH ITS MANAGING DIRECTOR — Appellant Vs. BHANWAR SINGH AND OTHERS — Respondent ( Before : Sanjiv Khanna and S.V.N. Bhatti,…

Environment

Himachal Pradesh Town and Country Planning Act, 1977 – Section 18 – Development Plan – – NGT could not have directed the delegatee who has been delegated powers under the TCP Act to enact the regulations, to do so in a particular manner – Development plan, which has been finalized after taking recourse to the statutory provisions and undergoing the rigors thereto, cannot be stalled in entirety thereby putting the entire developmental activities to a standstill.

Jan 14, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF HIMACHAL PRADESH AND OTHERS — Appellant Vs. YOGENDERA MOHAN SENGUPTA AND ANOTHER — Respondent ( Before : B.R. Gavai and Aravind…

Environment

National Green Tribunal Act, 2010 – Sections 14, 15 and 18(1) – Environment Pollution – Pollution created by Inland Container Depot (ICD) at Tughlakabad – NGT has inter alia observed that there is an option to restrict the entry of diesel vehicles in the said ICDs at Tughlakabad by diverting these vehicles to the ICDs at Dadri, Rewari, Ballabhgarh, Khatuawas or any other ICD around Delhi so as to control the pollution in Delhi NCR, as if only the people living in Delhi NCR alone are entitled to pollution free atmosphere and not those living in other parts of the country. Such an observation by the NGT is in complete ignorance of the fact that citizens living in other parts of the country other than Delhi NCR also have a fundamental right to a pollution free environment as guaranteed by Article 21 of the Constitution of India.

Jan 14, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH CONTAINER CORPORATION OF INDIA LTD. — Appellant Vs. AJAY KHERA AND OTHERS — Respondent ( Before : Abhay S. Oka and Pankaj Mithal, JJ.…

Environment

Water (Prevention and Control of Pollution) Act, 1974 – Sections 25 and 26 – Air (Prevention and Control of Pollution) Act, 1981 – Section 21 – Grant of Consent to Establish (CTE) – An appeal could have been preferred by the appellant for challenging condition no. 4 by taking recourse to Section 28 of the Water Act and Section 31 of the Air Act – In fact, the judgment of the Appellate Authority shows that the attention of the Appellate Authority was invited to the aforesaid condition no.4 – After having acted upon the ex-post facto CTE dated 18th October 2017, the appellant cannot be allowed to approbate and reprobate.

Nov 25, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S SWETA ESTATE PVT. LTD. GURGAON — Appellant Vs. HARYANA STATE POLLUTION CONTROL BOARD AND ANOTHER — Respondent ( Before : Abhay S. Oka…

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Constitution Service

Classification of Military casualties and the eligibility for Liberalised Family Pension — Battle Casualty —Illness Caused by Extreme Climatic Conditions as Battle Casualty — The Court establishes that a soldier’s death due to illness resulting from extreme climatic conditions while on duty near a sensitive border area (such as the Line of Control) can be categorized as a ‘Battle Casualty’ — This expands the interpretation of what constitutes a battle casualty under military regulations. – Liberalised Family Pension (LFP) — Application of Category E (f) — The judgment clarifies that deaths occurring in war-like situations, including those near international borders or lines of control due to environmental stresses, fall under clause (f) of category E of the relevant military order — This broadens the scope of eligibility for LFP under such circumstances.

Dec 8, 2024 sclaw
Constitution

Temple Bye Laws — Oachira Parabrahma Temple — Ancient structure without a building or deity, governed by Bye-laws with three-tier elected committees — Appellants, elected Secretary and President, challenged two High Court orders (2020 and 2023) that removed their committee and appointed an unelected one under an Administrative Head, citing violations of the temple’s Bye-laws and customs —Legality of appointing an unelected committee and removing the elected one contrary to the temple’s Bye-laws — Petitioner argues that the High Court overstepped its jurisdiction and violated the temple’s governance structure by appointing an unelected committee and removing the elected one without proper legal basis — The High Court’s actions were necessary for the efficient administration of the temple until a scheme could be framed and new elections held — The Supreme Court modified the High Court orders, appointing a new retired Judge as Administrative Head to conduct fair elections within four months, while directing all parties to cooperate — The Court emphasized the need to preserve temple properties and governance as per established customs and laws — The Supreme Court struck down the High Court’s order appointing an unelected committee, appointed a new Administrative Head to conduct elections, and directed all parties to cooperate, emphasizing the importance of adhering to the temple’s established governance structure and Bye-laws.

Dec 8, 2024 sclaw
Acquittal

Evidence Act, 1872 — Section 27 — Penal Code, 1860 (IPC) — Sections 384, 364, 302 and 201 — Murder — Circumstantial Evidence — The Supreme Court acquitted the appellant of murder charges as the prosecution failed to prove the crucial link of the accused’s disclosure leading to the discovery of skeletal remains under Section 27 and the DNA evidence was also found to be inconclusive due to lack of proper collection of samples. – Proof of Disclosure Statements under Section 27 — Voluntariness and Uninfluenced Nature — The Court reiterates that the information provided by an accused under Section 27 must be voluntary and uninfluenced by threat, duress, or coercion.

Dec 8, 2024 sclaw
Acquittal

Arms Act, 1959 — Sections 25, 54 and 59 — Buttondar knife — Specific Intent Required — The court clarifies that mere possession of a knife covered by a notification like the DAD Notification is not sufficient to constitute an offense under the Arms Act — There must be specific intent to use it for the prohibited purposes such as “manufacture, sale, or possession for sale or test.” – The prosecution must clearly allege and prove the intent of the accused to use the weapon for the specified prohibited purposes — Absence of such allegation in the charge-sheet renders the proceedings defective.

Dec 8, 2024 sclaw