Environmental Law
Water Act | Pollution Control Board Has Authority To Impose Environmental Compensation: Allahabad High Court Reiterates
The Allahabad High Court has reiterated that Pollution Control Board has the authority and jurisdiction to impose environmental compensation, in this case under Section 33A of the Water (Prevention and Control of Pollution) Act, 1974.The bench of Justice Rajan Roy and Justice Manjive Shukla relied on Indian Council for Enviro Legal Action etc. vs. Union of India and others etc. where the...
Supreme Court Issues Notice In Plea Against Bombay High Court Orders Allowing Plaster Of Paris Idol Immersion
The Supreme Court on Monday issued notice on a plea challenging two interim orders of the Bombay High Court dated June 9, 2025, and July 24, 2025 that permitted the use of Plaster of Paris (PoP) for idol manufacture and immersion during religious festivities.A bench of Chief Justice BR Gavai and Justice K Vinod Chandran on Monday issued notice returnable in 4 weeks.By its June 9 order, the...
NGT Cannot Outsource Its Adjudicatory Functions To Expert Committees : Supreme Court
The Supreme Court on Monday (Sep 1) criticized the National Green Tribunal (NGT) for functioning like a mere rubber stamp by outsourcing its responsibilities to external committees. A bench of Justices Manoj Misra and Ujjal Bhuyan heard a case alleging that the Appellant-company was polluting water bodies by discharging untreated effluents. The NGT, blindly relying on a Joint Committee report...
NGT Has No Power To Direct ED Probe Under PMLA : Supreme Court
The Supreme Court held that the National Green Tribunal has no jurisdiction to direct the Enforcement Directorate to launch investigation under the Prevention of Money Laundering Act against an entity.The bench of Chief Justice of India BR Gavai and Justice K Vinod Chandran set aside the direction of the NGT to the Enforcement Directorate to examine and take appropriate action under...
Environmental Clearance For Sand Mining Can't Be Granted If DSR Doesn't Have Study On River's Replenishment Capacity : Supreme Court
The Supreme Court on Friday (Aug. 23) observed that in the absence of a replenishment study that assesses the river's annual natural recovery capacity, an Environment Clearance cannot be granted for sand mining projects. The bench, comprising Justices PS Narasimha and AS Chandurkar, observed that replenishment data is a mandatory prerequisite for environmental clearance in addition to...
'Education Now An Industry' : Supreme Court Strikes Down Centre's Exemption For Educational Buildings From Environmental Clearance
The Supreme Court today struck down a part of the Centre's January 29, 2025 notification that had exempted construction projects related to industrial sheds, schools, colleges, and hostels from obtaining prior environmental clearance under the Environmental Impact Assessment (EIA) Notification, 2006.A bench of Chief Justice BR Gavai and Justice K Vinod Chandran held that this exemption,...
Centre Appoints 6 Members To National Green Tribunal
The Central Government has appointed two judicial members and four expert members to the National Green Tribunal (NGT). Following are the newly appointed members:Judicial Members Justice Sudhir Kumar Jain, Former Judge, High Court of Delhi, presently serving as Member in NCDRC.Justice Umesh Chandra Sharma, Former Judge, High Court of Uttar Pradesh (Allahabad), presently serving as...
Pollution Control Boards Can Impose Environmental Compensation On Polluting Entities: Supreme Court
The Supreme Court on Monday (Aug.4) ruled that the Pollution Control Boards (PCB) are empowered to impose environmental compensation on polluting entities under their statutory mandate. “the environmental regulators, the Pollution Control Boards exercising powers under the Water and Air Acts, can impose and collect restitutionary or compensatory damages in the form of fixed sum of monies...
'Entire Himachal Pradesh May Vanish; Revenue Earning Can't Be At Cost Of Environment' : Supreme Court Raises Alarm
Raising concerns about the ecological imbalance in the State of Himachal Pradesh, the Supreme Court warned that if unregulated development continues, "the entire State may vanish in thin air from the map of the country.” The Supreme Court, while noting that proper monitoring is required to check the diversion of green tax funds for unrelated purposes, observed that generating revenue at...
Kumbh Mela Waste Dumping Allegation | NGT Disposes Plea By Ex-IPS Officer As UPPCB Assures To Look Into The Issue
The National Green Tribunal Principal Bench on Tuesday disposed of a plea filed by a former IPS officer [Amitabh Thakur], alleging that waste collected during the Kumbh Mela in Prayagraj was being dumped without processing at the Basawar waste site, about 10 km south of the city.Noting that the plea lacked prima facie material, Chairperson Justice Prakash Shrivastava and Exper Member Dr....