#supreme court hearing on delhi pollution

[todayworldnews2k21]

Delhi air pollution: Supreme Court says GRAP-IV measures to continue till December 2 except for schools and colleges 

Anti-smog gun being used to sprinkle water to curb pollution in New Delhi on November 28, 2024. | Photo Credit: Shashi Shekhar Kashyap The Supreme Court on Thursday (November 28, 2024) said that the graded response action plan, GRAP-IV, measures in Delhi will continue till Monday (December 2, 2024) except for schools and colleges. The top court also said that the Commission for Air Quality…

[odnewsin]

SC to hear pollution cases related to Delhi, other cities today

New Delhi: The Supreme Court will expand its focus on air pollution to other cities in India during a hearing scheduled for Thursday. A Bench led by Justice Abhay S. Oka has sought details from the Central government about the country’s most polluted cities, indicating that the issue will be addressed in phases. This follows proceedings that were held December 16, where the Division Bench of…

[hindustanmorning]

Supreme Court criticizes AAP, appoints commissioner to investigate pollution

The Delhi pollution case was presented in front of the Supreme Court. While in the hearing, the court showed its dissatisfaction with the Delhi government. The court stated its skepticism regarding the Delhi government’s claim. While in the court session, there was a request to take into account the restrictions enforced under GRAP-4 because of pollution in Delhi. Supreme court announced that it…

[tfgadgets]

Supreme Court Raps Punjab, Haryana Over Stubble Burning

New Delhi: The Supreme Court grilled the central – and Punjab and Haryana – governments on Wednesday as arguments over states’ non-compliance with, and failure to enforce, anti-pollution measures, rolled into yet another hearing, even as air quality in Delhi and the national capital region remains ‘very poor’ and prompts concern over the risk of increased respiratory diseases. A bench of Justice…

[reportpunjabs]

New Delhi, November 7, 2023: As per media reports, the Supreme Court on Tuesday said that paddy is not a native crop of Punjab, its cultivation must be phased out and replaced by non-water-guzzling crops.

According to the news published in The Tribune, during a hearing on air pollution in the Delhi-NCR caused by stubble burning, a Bench led by Justice SK Kaul agreed with Punjab Advocate General Gurminder Singh’s suggestion that paddy cultivation must be replaced by millets.

[doonitedin]

It has become fashion to bash farmers, SC slams Delhi govt on air pollution

It has become fashion to bash farmers, SC slams Delhi govt on air pollution

Image Source : PTI New Delhi: A security personnel crosses a road near the Rashtrapati Bhavan, shrouded in smog The Supreme Court on Saturday told the Delhi government to stop blaming farmers for the severe air pollution in the city while asking a series of questions on how it is dealing with pollution caused due to firecrackers, dust, industries and vehicles. A bench headed by Chief Justice…

[dailynews9]

Will ban on stubble burning stop pollution

Will ban on stubble burning stop pollution

New Delhi: The Supreme Court under new Chief Justice D Y Chandrachud declined an urgent hearing on a PIL seeking fresh guidelines on stubble burning, which contributed to worsening air quality in the national capital region, and said the court should take up judicially manageable issues. Will ban on stubble burning On November 4, then CJI UU Lalit had agreed to hear on November 10 a PIL filed…

[znewstech]

Supreme Court refuses to accord urgent hearing on PIL on air pollution | India News - Times of India

Supreme Court refuses to accord urgent hearing on PIL on air pollution | India News – Times of India

NEW DELHI: The Supreme Court on Thursday refused to accord urgent hearing to a PIL seeking fresh guidelines on stubble burning to curb air pollution in Delhi-NCR, saying some issues are not “judicially amenable” and stressing the need for “genuine solutions”. A bench comprising Chief Justice D Y Chandrachud and Justices Hima Kohli and J B Pardiwala asked lawyer Shashank Shekhar Jha, who filed the…

[newslobster]

Supreme Court To Hear Petition On Air Pollution, Stubble Burning On November 10

Supreme Court To Hear Petition On Air Pollution, Stubble Burning On November 10

Supreme Court has agreed to hear a plea seeking issuance of fresh guidelines on stubble burning New Delhi: The Supreme Court today agreed to list for hearing on November 10 a petition seeking issuance of fresh guidelines on stubble burning to curb rising air pollution in Delhi and the national capital region (NCR). A bench comprising Chief Justice Uday Umesh Lalit and Justice Bela M Trivedi took…

[odnewsin]

SC to hear today plea on air pollution in Delhi

New Delhi: As the national Capital chokes under ‘severe plus’ air quality amid dense fog, the Supreme Court is set to hear Monday a public interest litigation (PIL) relating to control of pollution. As per the cause list published on the website of the apex court, a bench of Justices Abhay S.Oka and A.G. Masih will take up the popular M.C. Mehta case for hearing November 18. Delhi’s air quality…

[todaynewsguru]

‘Green firecracker’ sellers challenge ban by environment body

‘Green firecracker’ sellers challenge ban by environment body

Citing Supreme Court judgments on green firecrackers, a plea challenged the Delhi Pollution Control Board’s direction for a complete ban on manufacturing, storage, sale and bursting of all firecrackers in the NCR before the Delhi High Court on Wednesday Justice Yashwant Varma was hearing the plea filed by two sellers of green crackers with registered licences under the Explosives Act against a…

[kimskashmir]

Supreme Court mocks Yogi Adityanath government after it blames Pakistan for air pollution

NEW DELHI — Uttar Pradesh told the Supreme Court that polluted air was mostly coming from Pakistan, during the hearing on pollution in Delhi and nearby cities. This provoked a question from Chief Justice of India NV Ramana that UP’s lawyers could not answer. “Uttar Pradesh is downwind. Air is mostly coming from Pakistan. Whatever is happening is not necessarily in UP,” senior lawyer Ranjit Kumar…

[doonitedin]

Consider 2-day lockdown in Delhi to reduce air pollution: Supreme Court tells Centre

Consider 2-day lockdown in Delhi to reduce air pollution: Supreme Court tells Centre

Image Source : PTI Consider 2-day lockdown in Delhi to reduce air pollution: Supreme Court tells Centre The Supreme Court on Saturday said the Centre government should consider a two-day lockdown in the national capital if necessary, in order to bring down the pollution level in Delhi-NCR. The statement by the top court came while hearing a plea by a 17-year-old Delhi student, concerning rising…

[znewstech]

Supreme Court to hear on November 10 plea on worsening air pollution in Delhi-NCR | India News - Times of India

Supreme Court to hear on November 10 plea on worsening air pollution in Delhi-NCR | India News – Times of India

NEW DELHI: The Supreme Court on Friday agreed to hear on November 10 a plea seeking measures to curb worsening air pollution in Delhi-NCR. A bench of Chief Justice of India UU Lalit and Bela M Trivedi posted the case for hearing on November 10 after an advocate mentioned the matter for urgent hearing. Advocate Shashank Shekhar Jha, who filed the plea, told the bench that stubble burning has…

[newslobster]

"Let Us Breathe Clean Air": Supreme Court Denies Hearing On Delhi Crackers Ban

“Let Us Breathe Clean Air”: Supreme Court Denies Hearing On Delhi Crackers Ban

New Delhi: Citing pollution and saying that there are other ways to celebrate Diwali, the Supreme Court has refused to lift the ban on firecrackers in Delhi ahead of the October 24 festival.  BJP MP Manoj Tiwari had gone to the court on October 10 against the AAP government’s ban but the court refused to pass any new orders, saying that the court had also given a clear order already. Mr Tiwari’s…

[legalupanishad]

National Green Tribunal Act, 2010 (NGT): All You Must Know

This article on 'National Green Tribunal Act, 2010: All you need to know' was written by Monika Yadav, an intern at Legal Upanishad.

Introduction

In this article, we will discuss the National Green Tribunal. We will be seeing the structure, functioning, and powers of the NGT, who can file an application to the Tribunal as well as the challenges amid the smooth functioning of the NGT. In the end, we discuss certain matters decided by the NGT.

What is NGT?

The National Green Tribunal Act of 2010 has been set up under the National Green Tribunal Bill of 2009 as a specialised organisation for the disposal of environmental protection and the preservation of forests & various natural resources matters effectively and quickly. India becomes the first developing nation and the third in the world (after Australia and New Zealand) to develop a special tribunal for environmental-related issues. Within six months after the application or appeal's submission, the NGT is required to render a final decision. The NGT has four zonal benches and its headquarter is in New Delhi, with the other four locations being Bhopal (central zone bench), Pune (western zone bench), Kolkata (eastern zone bench), and Chennai (southern zone bench). Justice Adarsh Kumar Goel, the current NGT chairman. The judgment of the NGT can be challenged before the Apex Court within a duration of 90 days.

Objectives

The main objectives behind the establishment of the National Green Tribunal are as elaborated: - Nature, wood, and other environmental assets should be preserved and protected, and these issues should be dealt with immediately and promptly. - Offer support and compensation for any harm caused to persons or property. - Help to resolve numerous transdisciplinary environment conflicts.

Structure of NGT

The Chairperson, Judicial Members, and Expert Members make up the Tribunal. They cannot be reappointed and must serve for three years or until they reach the age of 65, whichever comes first. In conjunction with the Chief Justice of India, the Central Government appoints the Chairperson (CJI). The federal government will establish a selection committee to choose the legal members including experts. The tribunal can have a minimum of 10 and a maximum of 20 full-time judges and experts.

Jurisdiction and Powers

- The Tribunal may consider all civil cases involving important environmental issues. - In October 2021, the Court concluded that the NGT had the authority to address environmental matters nationwide as a "unique" forum with suo moto authority. - According to SC, the NGT's job is not just adjudicatory; it must also carry out equally important preventative, ameliorative, or remedial roles. - As a statutory judicial authority like Courts, NGT has appellate authority to hear appeals in addition to initial jurisdiction based on the application's filing (Tribunal). - The CPC,1908 doesn’t bind upon the Tribunal; instead, it will be guided by the notions of "natural justice." - While making any decisions or giving out any rewards, the ideas of environmental sustainability, prudence, and polluter pays all need to be taken into account. - In accordance with the Tribunal's discretion, the NGT may issue an order to provide relief and restitution for individuals who endured environmental degradation caused by pollution and other factors (including accidents involving the handling of hazardous substances), as well as to restore the damaged property and the surrounding environment. - A tribunal's order, decision, or award may be carried out as a civil court's decree. - A system of sanctions for non-compliance is also outlined in the NGT Act, which includes imprisonment for 3 years and a maximum fine of 10 crore rupees, or both. - Within ninety days of the date of communication, a person may appeal an NGT order, decision, or award to the Supreme Court. - The NGT handles civil claims arising from the seven environmental statutes, which include:- The Water (Prevention and Control of Pollution) Act, 1974, - The Water (Prevention and Control of Pollution) Cess Act, 1977, - The Forest (Conservation) Act, 1980, - The Air (Prevention and Control of Pollution) Act, 1981, - The Environment (Protection) Act, 1986, - The Public Liability Insurance Act, of 1991 and - The Biological Diversity Act, 2002. - Any infraction of such laws or any action implemented by the government following them may be contested before the NGT.

Who is able to submit the application?

Any party who has been designated as a victim due to the reasons for environmental pollution or engaging with some other environmental issues or hazardous status is given a remedy under the act. The court may receive applications from the following parties: - anyone who has been hurt as a result of this law. - any surviving family member or juridical representative of the dead whose cause of death was associated with the environment. - any agent acting on behalf of a deceased but resentful party. - any person who feels wronged, including a group or organisation that represents them.

Challenges in the smooth functioning of NGT

- The Wildlife (Protection) Act of 1972 and the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act of 2006 are the pertinent laws that fall beyond the purview of the NGT. Due to the important forest rights issue being closely related to the environment, this limits the NGT's authority and occasionally interferes with its ability to function. - Many states that an HC acts as a superior authority to the NGT as it is a "constitutional body and NGT is a statutory authority," the NGT judgments were contested within several HCs as per Article 226. Although the NGT Act states that a decision may be appealed to the Apex Court, this is among the Act's shortcomings because it is unclear what decisions may be challenged. - Effects on financial growth and advancement, NGT decisions have also drawn criticism and challenges. - The tribunal has also come under fire for not using a formula-based process to determine the compensation. - Neither the government nor the stakeholders fully comply with the NGT's rulings. Its choices are occasionally pointed out as being impractical to accomplish within a specified timeframe. - The NGT's stated goal of disposing of appeals within six months has been undermined by the huge case backlog caused by a shortage of human & economic resources. - The insufficient number of local benches also interferes with the delivery of justice.

National Green Tribunal Act, 2010: All you need to know

Matters concluded by NGT

- An MoU was signed by the Odisha government and the South Korean steelmaker POSCO in 2012 for setting up a steel project. The NGT postponed this law which was termed a bold move by the tribunal. - The most significant case about solid waste management in India is the (2012) Almitra H. Patel vs. Union of India case, in which the NGT issued a ruling completely forbidding the open burning of rubbish on lands, including landfills. - Alaknanda Hydro Power Co. Ltd. has been made to compensate the petitioner in the Uttarakhand floods case in 2013; in this case, the NGT directly cited the "polluter pays" principle. - The National Green Tribunal (2013) stopped a $6,400 crore hydro project to save a bird's habitat in the Save Mon Federation v. Union of India case. - All diesel vehicles older than ten years will no longer be allowed to operate in Delhi-NCR, the NGT ruled in 2015. - The NGT invalidated an EIA 2006 notification amendment from December 2016 because it was deemed to be a "ploy" (by the government) to get around the regulations. The amendments essentially aimed to grant local authorities the authority for authorisation of environment-clearance certificates. Many projects, including the Aranmula Airport in Kerala, the Lower Demwe Hydro Power Project, Nyamnjangu in Arunachal Pradesh, mining projects in Goa, and coal mining productions in Chhattisgarh, cancel for contravention of the law. - The Yamuna Food Plain's Art of Living Festival was found to have violated environmental standards in 2017, and the NGT panel charged a fine of Rs. 5 crores. - The NGT issued a temporary prohibition on polyethene bags in Delhi in 2017 that were less than 50 microns thick because "they were killing animals, clogging sewers, and damaging the environment." - Braj Foundation v. Govt. of UP The govt. has to create a memorandum of agreement for the forest cover of Vrindavan, according to this Braj Foundation case. The government says the advertisement published has acted as an invitation to treat and can’t be viewed as a contract. However, the panel instructed the government as it had a responsibility to encourage afforestation. One important goal is regarding the 100-meter belt on either side of braj parikrama. - Union of India v. Jeet Singh Kanwar The petitioners in this action contest the environmental approval that was required for the construction of the coal-fired power station. Lastly, it had discovered as the project concerned can be continued if the environmental clearance didn’t lead to a huge amount of environmental destruction. However, the panel also made a ruling that the environmental clearance was unlawful because of its effects. - Union of India v. Vardaman Kaushik In this matter, the tribunal noticed the expanding population in Delhi and ordered the creation of an action plan as well as the prohibition of burning plastic and driving automobiles older than ten years. A fine of Rs. 1000 had been imposed upon parked cars on metal-sand paths as part of the implementation of numerous cycle tracks and forces have been set up to keep an eye on moving vehicles. It was also suggested that multi-level parking be built in appropriate locations.

Conclusion

Understandably, the National Green Tribunal is crucial in cases involving board environmental issues. It is an instrument for exchanging information and promoting more significant environmental development. When issues relating to water, air, land, etc. have arisen on which varied judgments must be rendered, there is a tremendous need to understand conflict. However, it is a benefit because national green tribunals encourage attorneys to focus on environmental law, and the tribunal is consequently seen as a crucial part of delivering justice in environmental-related cases. There will come a moment when the environment will receive the most attention through the legal system.

References

- "National Green Tribunal (NGT)", Drishti IAS, 11 December 2018, available at: https://www.drishtiias.com/important-institutions/drishti-specials-important-institutions-national-institutions/national-green-tribunal-ngt - "National Green Tribunal (NGT) - UPSC Notes", Byjus, available at: https://byjus.com/free-ias-prep/concepts-in-news-national-green-tribunal/ - Yash Arya, "National Green Tribunal Act-2010", Academia, available at: https://www.academia.edu/29747037/National_Green_Tribunal_Act_2010 - Praveen Bhargav, "Everything you need to know about the National Green Tribunal (NGT)", Conservation India, available at: https://www.conservationindia.org/resources/ngt Read the full article