This document summarizes important judgments from the Supreme Court and High Courts in India related to environmental conservation and their implications. It discusses definitions of environment under Indian law. It outlines key environment laws in India and the roles of the Environment Protection Act, rules, and notifications. It summarizes several important principles established by the Supreme Court related to the right to a pollution-free environment. It also summarizes notable Supreme Court orders on issues like forests, mining, tourism in protected areas, pollution, and tiger conservation. It discusses the role of the National Green Tribunal and some of its notable orders. It addresses ongoing challenges and debates around balancing environmental conservation and development.

1. “Important Judgments of
Hon’ble Supreme Court & High
courts and their implication on
Environmental Conservation”
By: Salik Shafique
Advocate
Enviro Legal Defence Firm, New Delhi

2. Introduction and Rationale
“Environment law is also known as law of
precedents”

3. What is Environment ?
• ‘Environment’ includes water, air and land and
interrelationship which exists among and
between water, air and land, and human beings,
other living creatures , plants and micro
organisms. – EPA, 1986
• It is a very wide definition and not only covers
water, air and land but even the interrelationship
exist among and between water, air, land and
human beings, other living creatures, plants
,micro organism and property- NGT in Wilfred J.
Anr vs. MoEF & Ors

4. Environment Laws in India
• The Indian Forest Act, 1927
• The Wild Life (Protection) Act, 1972
• The Water (Prevention and Control of Pollution) Act,
1974
• The Forest (Conservation) Act, 1980
• The Air (Prevention and Control of Pollution ) Act, 1981
• Environment Protection Act, 1986
• The Biological Diversity Act, 2002
• The National Green Tribunal Act, 2010

5. Need of EPA
• Why it was needed ?
• Powers under Section 3 and 5 of the Act
Sec 3 - Central Govt. is vested with power to
take all measures for protecting Env.
Sec 5 – CG is empowered to issue directions
including the power to direct closure ,
prohibition and regulation of any Industry.

6. • What are Rules and Notification under the
EPA.
- Wetland Rules, Bio Medical Waste, MSW Rule,
Plastic Waste Rules etc
- EIA Notification, CRZ Notification, IRZ
Notification, Aravali Notification etc
• The Concept of Eco Sensitive Zone
• Does EPA secure Elephant Corridors

7. Hon’ble Supreme Court of India &
Environment
• The role of Judiciary is inseparable part of any
legal discourse and environment is no
exception to that.
• How higher the Judiciary, especially the Apex
Court adjudicates on issues pertaining to
environment and constant definition and
redefinition of law by judiciary on the subject
matter, is of immense significance

8. Legal Principle upheld & coined by
the Hon’ble Supreme Court of India
• Right to Life under Art 21 includes of enjoyment
of pollution-free water and air for full enjoyment
of life- Subash Kumar vs. State of Bihar AIR 1991
SC 420
• Precautionary Principle -Vellore Citizen’s Welfare
Forum (1996) 5 SCC 647
• Polluter Pay Principle -Indian Council for Enviro-
Legal Action v. Union of India (H-Acid Case),
(1996) 3 SCC 212.
• Public Trust Doctrine- M.C. Mehta v. Kamal Nath
and Others (1997) 1 SCC 388.

9. • Absolute Liability – M.C Mehta versus Union
of India AIR 1987 SC 1086
• Sustainable Development – M.C Mehta versus
Union of India & Ors 1988 SCR 279
• Financial inability cannot be excuse for
protection of Public Health and Environment –
Municipal Corporation Ratlam versus
Vardichand & Ors

10. Notable orders of Hon’ble Supreme
Court on various issues
• Forest and Protected Areas
-T.N Godavernman Thirumulpad v. Union of India &
Ors and CEL-WWF v. Union of India & Ors
- The Forest Bench of the Supreme Court
- Definition of Forest order dated 12.12.1996
- Constitution of Central Empowered Committee
wef 09.05.2002
- Implication of order dated 13.11.2000 &
19.05.2002 in CEL-WWF v. UOI & Ors
- Eco Sensitive Zone – 04.12.2006 in Goa
Foundation versus UOI & Ors
- Re-Constitution of NBWL- C.B Singh v. UOI & Ors

11. • Mining of Minerals
- EC requirement for minor mineral less than 5 hectares –
Deepak Kumar Etc. v. State of Haryana (27.02.2012)
• Tourism in Protected Areas
- Ban in tourism activities in core areas (Ajay Dubey versus v.
& Ors)
- Preparation of eco tourism policy
• Ecologically Fragile Area/ Sensitive Area
- Ban of Mining in Aravali Areas
- Mining in Western Ghats
- Aravali Notification
- Taj Eco Sensitive Zone Notification ( Taj Trapezium

12. • Tiger Conservation
- The Navin Raheja Case
- Approval of Central Zoo Authority
- Joint Conservation Plan and Wildlife Strategy
of 2002
• Construction of HEP’s
-Ban on grant of EC and FC in the State of
Uttrakhand ( 13.08.2013)

13. • Air Pollution
- Shifting of Pollution Industries outside Delhi
- Shift to CNG
- Construction of Bypasses
- Environment Cess on Commercial Vehicles
- Augmentation of Public transport
- Shift from BS IV to BS VI standards.
• Water Pollution
- Dealing with issue of pollution by tanneries and
municipal waste
- Constitution of CGWA

14. National Green Tribunal
‘Game Changer’
• What is NGT ?
• Jurisdiction
• Powers
• NGT v. Traditional Courts
• Limitation of the NGT

15. Notable orders of Hon’ble NGT on
various issues
• Air Pollution (Vardhaman Kaushik v. UOI & Ors)
- Ban on registration of diesel vehicles in Delhi & NCR
- Ban on 10 year old diesel vehicle and 15 years old
Petrol Vehicle
- Ban on Burning of Waste (MSW,Plastic, Leaves etc)
- Penalizing pollution cause due to construction activities
- Closure order to polluting Industries
- Provisions of Cycle lanes, air filters etc
- Notice to all the States including State of Jharkhand for
measures taken to curb air pollution (06.01.2016)

16. • Water Pollution
- Issue of Ganga Pollution and Notice to Pollution
Industries (M.C Mehta and Krishna Kant Singh v.
UOI)
- Pollution of River Yamuna & constitution of High
Level Committee (Manoj Mishra versus UOI &
Ors)
- Cracking down the Industries without CGWA
approval.
- Closure to the Industries having high effluent
discharge

17. • Construction of HEP’s
- Cumulative Impact Assessment of proposed
Hydel power projects in North East India.
- Stay on Construction of Hydel Power Plant in
lower subanswiri river for failing to achieve
run of river and conservation of Gangetic
dolphins.
• Felling of trees
- Stay in felling of trees without approval from
competent authority ( Sonya Ghosh vs. UOI &
Ors)

18. • Illegal mining and encroachment in forest
land
- Ban on illegal sand mining activities and
requirement of environment clearance.
- Ban on illegal mining activities around Sariska
National Park.
- Ban on illegal rathole coal mining in the State
of Meghalaya.
- Stay in mining activities in encroached
reserve forest.

19. • Environment Clearance
- Directions for mandatory EC for brick kilns.
- EC for mining activities below 5 hectares
irrespective of being major or minor mineral.
- Quashing of Office Memorandums allowing
compounding of project proponent started
construction activities without prior EC.
- Catena of Judgments on method of Public
hearing, qualification of user agency,
concealment of information in EIA report for
grant of environment clearance.

20. • Protected Areas and Eco Sensitive Zones
- Closure of Industries in No Development Zone
around Kaziranga National Park.
- Direction for demolition of wall around Rajaji
National Park.
- Securing Golai Elephant Corridor.
- Declaration of ESZ around Okala Bird
Sanctuary.
- Notice to Industries operating within ESZ of
Amchang Wildlife Sanctuary

21. Challenges
• Hon’ble Supreme Court of India
- Overburden with cases.
- Dependence on Ld. Amicus Curie.
- No regular listing of forest cases.
• Hon’ble NGT
• Lack of Suo Moto Power.
• Limitation to Schedule I of the NGT Act,2010.
• Uncertainty of being of Statutory Body.

22. Legal Intervention
‘Environment Conservation or
Hindrance to Development’
• Debatable among various classes..
• Need of Mitigation measures and sustainable
developments.
• Strict scrutiny of environment cases before
admitting.
• Assessment of GDP and Environment.

23. Conclusion
• Judiciary played a vital role in evolution of
discipline of environment law.
• Executive need to be more proactive.
• Winning the case is enough or not.

24. Question and Answers

25. Email id- salik@eldfindia.com, 8527929297