Introduction

Today, on the 5th of June, as we celebrate World Environment Day, we shine a spotlight on the instrumental role played by the National Green Tribunal (NGT) and Supreme Court of India in protecting and enforcing various environmental Statutes and Regulations in India. It may be noted that the NGT was established under the National Green Tribunal Act of 2010 as a specialized body equipped with the necessary expertise to handle environmental disputes involving multi-disciplinary issues. In the face of pressing environmental challenges, the NGT as well as Supreme Court of India stands as a beacon of hope, leveraging the power of environmental law to safeguard our planet for future generations.

Environmental law, the branch of legal studies dealing with regulations, treaties, statutes, and conventions in domestic and international law, has been developed to address concerns such as climate change, ozone depletion, wildlife species protection, and conservation of natural resources. This article will highlight recent significant cases in this field, particularly those involving the Supreme Court of India and the National Green Tribunal (NGT).

Constitution of the National Green Tribunal under the NGT Act

The NGT, instituted under the NGT Act of 2010, is a critical piece in India’s institutional framework for environmental regulation. It’s composition and the roles of its various members shed light on its capacity to adjudicate on complex environmental matters.

Impact of the National Green Tribunal in Preserving the Environment

The NGT’s impact in preserving the environment is both significant and wide-reaching. Through its rulings, it has shaped the environmental jurisprudence in India, effectively influencing policy, enforcement, and public awareness. On this World Environment Day, we reflect on some of the landmark decisions made by the NGT, their implications for environmental protection, and the transformative power of such a dedicated environmental body in building a more sustainable future.

Recent Cases in Environmental Law

Supreme Court Directs Installation of Vapour Recovery Systems

In a case concerning the Indian Oil Corporation Ltd, the Supreme Court issued a directive requiring all retail petroleum outlets in cities with a population exceeding 10 lakh and having turnover of more than 300 KL/Month to install Vapour Recovery Systems. This mandate was intended to reduce harmful emissions from petroleum products and contribute to the overall environmental protection effort.

Supreme Court Ruling on Storage Facilities in Coastal Regulation Zone

In K.T.V. Health Food Private Limited v. Union of India And Ors, the Supreme Court reaffirmed the prohibition of establishing storage facilities for edible oil outside port areas in the Coastal Regulation Zone. The court’s interpretation of the CRZ Notification of 2011 signifies an important move towards safeguarding our coastal ecosystems.

NGT Imposes Compensation for Violating Green Highway Policy

In a case involving the National Highways Authority of India (NHAI), the NGT directed NHAI to pay compensation for non-compliance with the environmental obligations under the ‘Green Highways Policy, 2015’. This penalty reflects the need for environmental consideration even in infrastructure development projects.

Kerala High Court Lifts Stay on NGT Directions to Cochin Corporation

Following a massive fire at the Brahmapuram waste dumping yard, the Kerala High Court lifted a stay on directives issued by the NGT to the Cochin Corporation. This direction underscores the need for local authorities to comply with solid waste management rules to avoid environmental catastrophes.

NGT Imposes Penalty for Unapproved De-silting of Dams

The NGT, South Zone, imposed a hefty penalty on the Karnataka Irrigation Department for conducting mining activities in two dams without obtaining the necessary environmental clearance. This ruling emphasizes the importance of environmental impact assessments before undertaking any activities that could potentially harm the environment.

NGT Charges Compensation for Failure to Protect Ramsar Sites

The NGT imposed compensation on the state of Kerala for its failure to protect Ashtamudi Wetland and Vembanad-Kol Wetland, two Ramsar sites in Kollam district. The Tribunal stated that the state cannot plead helplessness in implementing the guaranteed rights of the citizens and taking stringent measures for environmental protection.

NGT Directs Proper Utilization of Water in Metro Rail Construction

The NGT directed a joint committee to ensure proper utilization of water during the construction of Metro Rail in Delhi, Jaipur, and Mumbai. The ruling stresses the need for efficient water management in large-scale construction projects.

Ban on Firecrackers and Loud Noise in Eco-Sensitive Zones

The NGT directed the Municipal Corporation to enforce recommendations to control noise pollution near Fatehsagar Lake and the eco-sensitive zone of Sajjangarh Wildlife Sanctuary in Rajasthan. This decision emphasizes the importance of maintaining the tranquillity of our natural habitats.

Conclusion

These recent cases underscore the importance of environmental law in safeguarding our natural environment and ensuring the sustainable use of our resources. They show how the Supreme Court and the NGT are taking proactive steps to enforce these laws and hold individuals, corporations, and governments accountable for

their actions. It is clear that the field of environmental law is evolving and becoming increasingly important as we grapple with the ongoing environmental challenges of our time.

References:

1. Supreme Court of India issued directions for the installation of a Vapour Recovery System (VRS) in retail petroleum outlets located in cities with populations of more than 10 lakh and having a turnover of more than 300 KL/Month. To study click here and here
2. In a case related to the CRZ Notification of 2011, the Supreme Court affirmed that storage facilities for edible oil are not allowed outside port areas. To study click here and here
3. The National Green Tribunal (NGT) directed the National Highways Authority of India (NHAI) to pay 2 crore in compensation for violating the ‘Green Highway Policy, 2015’.  To study click here and here
4. Due to a fire at the Brahmapuram waste dumping yard, the Kerala High Court lifted a previously granted stay from 2018 on directives issued by the NGT to the Cochin Corporation.
5. The NGT imposed a penalty of 50 crore rupees on the Irrigation Department of Karnataka for conducting mining activities without obtaining environmental clearance.
6. The NGT imposed a compensation of 10 crores on Kerala for its failure to protect Ashtamudi Wetland and Vembanad-Kol Wetland, which are Ramsar sites.
7. In a case related to the construction of Metro Rail in Delhi, Jaipur, and Mumbai, the NGT directed a joint committee to ensure proper utilization of water wasted during construction. To study click here
8. The NGT directed the Municipal Corporation to enforce the ban of firecrackers and prohibiting the use of DJ sound systems in marriage processions in the eco-sensitive zone of Sajjangarh Wildlife Sanctuary and near Fatehsagar lake, Rajasthan. To study click here and here
9. The NGT directed the personal appearance of Principal Secretary, Vice Chairman of the Narmada Valley Development Authority, Bhopal, and other top authorities of Madhya Pradesh in a Narmada River pollution case. The applicant had raised concerns about the discharge of untreated sewage/drain water in the Narmada River. The NGT has asked for the respondents to file their responses within three months. To study click here and here