Supreme Court of India Judgements

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Category: Environment

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

Dec 5, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH PRADEEP S. WODEYAR — Appellant Vs. THE STATE OF KARNATAKA — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, Vikram Nath and B V…

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.

Dec 5, 2021 sclaw

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

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 –

Nov 30, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S. SAI BABA SALES PRIVATE LIMITED — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : R. Subhash Reddy and Hrishikesh…

Environment

Mines and Minerals (Development and Regulation) Act, 1957 – Illegal sand mining – Section 21(5) of the MMDR Act empowers the State Government to recover the price of the illegally-mined mineral, in addition to recovery of rent, royalty or tax – Penalty recommended by the Central Empowered Committee ‘CEC’ for illegal sand mining is in addition to the penalty that can be imposed by the State Government in terms of Section 21(5) of the Act

Nov 13, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH BAJRI LEASE LOI HOLDERS WELFARE SOCIETY THROUGH ITS PRESIDENT — Appellant Vs. THE STATE OF RAJASTHAN AND OTHERS — Respondent ( Before : L.…

Environment

National Green Tribunal Act, 2010 – Sections 14, 16, 18(2)(e) and 19(25) – Whether the National Green Tribunal (NGT) has the power to exercise Suo Motu jurisdiction in discharge of its functions under the National Green Tribunal Act, 2010 – Held, NGT is vested with suo motu power in discharge of its functions under the NGT Act:

Oct 10, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH MUNICIPAL CORPORATION OF GREATER MUMBAI — Appellant Vs. ANKITA SINHA AND OTHERS — Respondent ( Before : A.M. Khanwilkar, Hrishikesh Roy and C.T. Ravikumar,…

Environment

N G T – It is the authorities who recommended approval in respect of only 24 hectares – Insofar as the mandatory distance from the water body is concerned, the authorities upon survey had found that the mandatory distance of 0.25 km is maintained – Tribunal has grossly erred in arriving at a finding that the appellant had reduced the area to 24 hectares only in order to avoid the rigours of public hearing and further that there was no distance of 0.25 km between the proposed mining area and the Singotham Lake – Appeal allowed.

Sep 19, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH DHRUVA ENTERPRISES — Appellant Vs. C. SRINIVASULU AND OTHERS — Respondent ( Before : L. Nageswara Rao, B.R. Gavai and B.V. Nagarathna, JJ. )…

Environment

Protection of two species of birds namely Great Indian Bustard ‘GIB’ and Lesser Florican – convert the overhead cables into underground powerlines the same shall be undertaken and completed within a period of one year and till such time the divertors shall be hung from the existing powerlines – Ordered accordingly.

Apr 25, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH M.K. RANJITSINH AND OTHERS — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : S. A. Bobde, CJI., A.S. Bopanna and…

Environment

Construction of Road over Bridges – Felling of trees – As per the Report of the Expert Committee submitted, primarily, about 50 trees have already been felled and potentially another 306 trees are to be felled. As per the Report, many of the trees can be called ‘historical trees’ ,

Mar 29, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH ASSOCIATION FOR PROTECTION OF DEMOCRATIC RIGHTS AND ANOTHER — Appellant Vs. THE STATE OF WEST BENGAL AND OTHERS — Respondent ( Before : S.A.…

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A suit in representative capacity (Order 1, Rule 8 CPC) is not maintainable if lacking locus standi, and a prior decree (res judicata) bars subsequent suits on the same subject matter, notwithstanding varying reliefs.

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Stamp Act State Laws

Agreement to sell immovable property incurs stamp duty as deemed conveyance via implied/symbolic possession transfer, with duty applying to the agreement (instrument), not the sale (transaction).

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Accident

The Supreme Court emphasized that the goal is to ensure just and fair compensation, even if it exceeds the claimed amount. It recalculated the compensation, considering the claimant’s monthly income, future prospects, 40% permanent disability, medical expenses, attendant charges, special diet and transportation, pain and suffering, and loss of income during treatment. The final compensation was determined to be Rs. 17,82,825, modifying the awards of the MACT and High Court. The Civil Appeal was allowed, with interest as awarded by the Tribunal. This decision underscores the principle of providing fair compensation to accident victims based on comprehensive assessment of their losses and suffering.

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Child Custody

In child custody cases, the lawpoint is that the welfare of the minor child is the paramount consideration, and a Habeas Corpus writ petition is maintainable only when the child’s detention is proven illegal or without legal authority

Feb 9, 2025 sclaw