Category: Environment

Wildlife (Protection) Act, 1972 — Section 38-V(4)(ii) and proviso to Section 33(a) — Tiger Safaris — prohibition in core or critical tiger habitat areas — permitted only on non-forest land or degraded forest land within the buffer, ensuring it is not part of a tiger corridor — establishment must be in conjunction with a fully operational rescue and rehabilitation centre for tigers.

2025 INSC 1325 SUPREME COURT OF INDIA FULL BENCH IN RE : CORBETT ( Before : B.R.Gavai, CJI, Augustine George Masih and A.S.Chandurkar, JJ. ) I.A. No. 20650 of 2023…

Environmental Law — Environmental Clearance (EC) — Ex Post Facto Clearance — Environment (Protection) Act, 1986, Section 3 — While EC should ordinarily be prior, the EP Act does not entirely prohibit ex post facto EC — Grant of ex post facto clearance is permissible in exceptional circumstances, in strict compliance with rules, upon imposition of heavy penalties, where denial of approval would result in adverse consequences outweighing regularisation, and where project complies with or can be made to comply with environmental norms — Adopting a ‘balanced approach’ is necessary to protect economy and livelihood.

2025 INSC 1326 SUPREME COURT OF INDIA FULL BENCH CONFEDERATION OF REAL ESTATE DEVELOPERS OF INDIA (CREDAI) Vs. VANASHAKTI AND ANOTHER ( Before : B.R. Gavai, CJI, Ujjal Bhuyan and…

National Green Tribunal Act, 2010 — Section 16(h) — Limitation period for appeal against Environmental Clearance (EC) — Communication of EC to “any person aggrieved” — The date of commencement of the 30-day limitation period (extendable by 60 days) starts from the earliest date on which the order granting EC is “communicated” to the aggrieved person by any of the duty bearers (MoEF&CC, project proponent, or Pollution Control Boards).

2025 INSC 1331 SUPREME COURT OF INDIA DIVISION BENCH TALLI GRAM PANCHAYAT Vs. UNION OF INDIA AND OTHERS ( Before : Pamidighantam Sri Narasimha and Atul S. Chandurkar, JJ. )…

Environmental Law — Public Trust Doctrine — MCGM’s mandate to develop recreational spaces providing legal foundation for project — Prior condition of water body suggested degradation, not functional lake — Completed park providing substantial public benefit, including green space and recreational amenities utilized by community — Post facto sanction restricting land use to recreational purposes providing legal safeguard — Delay in filing petition undermining challenge — Direction to maintain park in perpetuity for public use, explore alternative water body, and restore other deteriorated water bodies by MCGM.

2025 INSC 792 SUPREME COURT OF INDIA DIVISION BENCH MUNICIPAL CORPORATION OF GREATER MUMBAI AND OTHERS Vs. PANKAJ BABULAL KOTECHA AND OTHERS ( Before : Surya Kant and Nongmeikapam Kotiswar…

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.

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…

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