Stay updated with concise overview of key High Court rulings — addressing infrastructure, environment balance, climate-related public health emergencies, and strict noise-pollution norms.
A. Environment Law — General Principles of Environmental Law — Precautionary Principle/Sustainable Development/Inter-Generational Equity Principle — Kolkata Metro Rail Project — Providing effective transportation vis-à-vis ecology — Role of administrative action in environmental decision-making — Held, there should be balance between protection of ecology and environment and implementation of development projects in public interest — Court has to examine as to what are parameters which have been adopted, are those parameters prima facie safe and sound and would best serve the purpose sought to be achieved — Ecology and environment need to be protected for the future generations, at the same time, development projects cannot be stalled which are necessary not only for the economic development of the country but at times for the safety of the citizens as well — petition dismissed [People United for Better Living in Calcutta v. State of W.B., (2024) 1 HCC (Cal) 169]
B. Environmental Law — General Principles of Environmental Law — Precautionary Principle/Sustainable Development/Inter-Generational Equity Principle — Climate change due to extreme weather conditions in form of heatwave — Increasing fatalities — Directions issued — Held, High Court’s intervention is justified due to growing public health crisis from climate change and need for immediate action to prevent further loss of life — Immediate implementation of “heat action plan” for health preparedness, sprinkling of water on busy roads, creation of cooling spaces with drinking water, equipping health centres to manage heat-related illnesses, allowing outdoor workers to rest during peak heat hours, issuing of alerts via various media, providing compensation to heat stroke victims’ dependents, and enactment of legislation to combat pollution and food adulteration for future health protection [Save The Planet Earth And The Future Generation Of This Universe, In Re, (2024) 1 HCC (Raj) 24]
C. Environment Law — Regulatory Framework, Bodies and Judicial Intervention General Principles of Environment Law — Regulatory Statutes, Rules, Regulations and Norms — #Environment (Protection) Rules, 1986 — R. 5 — Issuance of final notification differing from draft notification — Requirement of public notice and consultation — Substantial difference between final and draft notification — Final notification exempting certain categories of buildings from environmental clearance, which were not excluded in the draft — Held, public consultation is not an empty formality, and objections must be duly considered before issuing a final notification — Government cannot issue a final notification that is substantially different from the draft without proper disclosure and consultation — Final notification quashed [One Earth One Life v. Union of India, (2024) 1 HCC (Ker) 51]
D. Environment Law — General Principles of Environmental Law — Public Trust Doctrine/Proportionality — Protection of Natural Resources meant for public use — Restrictions on governmental authority imposed by public trust — Held, when land is earmarked for public purpose, municipality is required to use the land for protection or preservation of hygienic conditions of local residents in particular and people in general and not for any other purpose — There is constitutional imperative on State Government and municipalities, not only to ensure and safeguard proper environment but also imperative duty to take adequate measures to promote, protect and improve man-made and natural environment — Public interest in reservation and preservation of open spaces for parks and playgrounds cannot be sacrificed by leasing or selling such sites to private persons for conversion to some other user — Petition allowed[Veterinary Colony Samshema & Abhivrudhi Sangam v. State of A.P., (2024) 1 HCC (AP) 32]
E. Environment Law — Noise Pollution — Particular Statutes — #Noise Pollution (Regulation and Control) Rules, 2000 — PIL challenging permission issued to hold music festival — Held, noise can produce physical and psychological stress — No one can claim right to create noise even in own premises and create nuisance to neighbours — No one can claim fundamental right to create noise by amplifying sound of speech — People cannot be compelled to listen — Noise pollution created by use of artificial devices violative of Art. 21 — Petition allowed [Rajesh Sinary v. State of Goa, (2023) 3 HCC (Bom) 1]
F. Environment Law — Regulatory Framework, Bodies and Judicial Intervention — Regulatory Statutes, Rules, Regulations and Norms — Environment (Protection) Act, 1986 — Permissible noise levels — Held, as per Environment (Protection) Act and Air (Prevention and Control of Pollution) Act maximum permitted ambient noise level is 55 decibels — Application dismissed [Vishwash P. Karpe v. State of Goa, (2023) 1 HCC (Bom) 684]