Environment National Green Tribunal – Territorial jurisdiction of High Court – In any case, no law is necessary to state that insofar as the Tribunals are concerned, they would be subordinate to the High Court June 19, 2022 sclaw
Environment HELD – Mining within the national parks and wildlife sanctuaries shall not be permitted.Ecologically Sensitive Zones (ESZ) of 500 metres would be a reasonable buffer zone, within which subsisting activities which does not come within the prohibited list June 19, 2022 sclaw
Environment HELD the reports relied on by the Director General, Mines and Geology and absolved the Appellant of indulging in any illegal mining activity on the ground that no evidence was found against the Appellant. There is no other material against the Appellant — Appeal allowed May 15, 2022 sclaw
Environment HELD uphold the conclusion of the CEC and revoke the approval granted by the Standing Committee of NBWL for doubling the railway line between Castlerock to Kulem. May 15, 2022 sclaw
Environment Wildlife (Protection) Act, 1972 – Section 36A – Direction of stoppage of mining activity in the vicinity of the elephant corridor – Dispute can be resolved by giving a direction to the State Government to implement the Comprehensive Wildlife Management Plan and complete the process of declaration of the traditional elephant corridor as conservation reserve as provided in Section 36A of the Act March 6, 2022 sclaw
Environment Sand is also required for construction of public infrastructural projects as well as public and private construction activities – It was necessary to permit the mining activities so as to prevent illegal mining and also to prevent loss to the public exchequer and permitted the Corporation to carry out the mining activities, and further to employ the services of the contractor January 20, 2022 sclaw
Environment With a view to find out a permanent solution for the air pollution menace occurring every year in Delhi and the National Capital Region, we direct the said Commission to invite suggestions from the general public as well as the experts in the field. Some experts have already approached this Court as Intervenors. The suggestions received shall have to be considered by an expert group, to be constituted by the Commission for the said purpose, before finalization of the policy to curb air pollution. January 3, 2022 sclaw
Environment Criminal Procedure Code, 1973 – Sections 209 and 465 – Penal Code, 1860 (IPC) – Sections 409 and 420 read with Section 120B – Mines and Mineral (Development and Regulation) Act 1957 – Sections 21 and 23 read with Sections 4(1) and 4(1)(A) – Karnataka Forest Rules, 1969 – Rule 165 read with Rule 144 – Unauthorized mining – Quashing of criminal proceedings – If the order taking cognizance is irregular, it would not vitiate the proceedings in view of Section 465 CrPC – No “failure of justice” under Section 465 CrPC is proved December 5, 2021 sclaw
Environment Forest (Conservation) Act, 1980 – Section 2 – Felling of trees for Delhi Mass Rapid Transit System-Phase-IV project – Direction – DMRC to file applications under the FC Act, 1980 to the Chief Conservator (Forest) and Nodal Officer (FCI), GNCTD, seeking permission for diversion of the following extents of land for the construction of Metro, Phase-IV of MRTS Project with a request to forward the said documents to the MoEF&CC, GoI, for its consideration under Section 2 of the FC Act, 1980. December 5, 2021 sclaw
Environment National Green Tribunal Act, 2010 – Section 22 – Further construction – Environmental Clearance – Project of the appellant comprises six buildings of which three were constructed in full, and the super structure of the fourth building is completed and only the internal works remains to be done – Further construction cannot be made without environment impact assessment – If the Project Proponent wishes to construct the remaining buildings, they must secure fresh clearance from the competent authority, as per the currently applicable framework – November 30, 2021 sclaw