Environmental Law

A collection of 33 posts
Environmental Law

Confederation of Real Estate Developers of India (CREDAI) vs Vanashakti 2025 INSC 1326 - Environment Protection Act - Ex Post Facto EC - Vana Shakthi Judgment Recalled

Environmental Law - 2017 Notification - Supreme Court recalls its judgment in Vanashakti v. Union of India - By 2:1 majority, SC held: Demolition of the projects already completed would rather than being in public interest would result in throwing the valuable public resources in dustbin- if the (Judgment
8 min read
Environmental Law

Delhi Pollution Control Committee vs Lodhi Property Co. Ltd. 2025 INSC 923 - Air Act & Water Act - Power To Impose Restitutionary & Compensatory Damages

Water (Prevention and Control of Pollution) Act, 1974 -r Section 33A ; Air (Prevention and Control of Pollution) Act, 1981 - Section 31A - Pollution Control Boards can impose and collect as restitutionary and compensatory damages fixed sums of monies or require furnishing bank guarantees as an ex-ante measure towards potential
4 min read
Environmental Law

Municipal Corporation of Greater Mumbai vs Pankaj Babulal Kotecha 2025 INSC 792 - Environmental Law - Delayed Grievances - Public Trust Doctrine

Environmental Law - Environmental grievances must be raised promptly when alleged violations commence, not after transformative changes have materialized and become entrenched. (Para 19) [Context: SC set aside High Court’s direction to restore the Subject Property to its original condition as a pond and observed: Though made with laudable
2 min read
Environmental Law

In Re: Construction Of Multi Storeyed Buildings In Forest Land Maharashtra 2025 INSC 701 - Environmental Law- Doctrine OF Desuetude - Public Trust Doctrine - Forest Lands

Doctrine of desuetude - Although this doctrine has been made applicable in India on a few occasions, however, for its applicability, two factors are necessary, namely, (i) that the statute or legislation has not been in operation for a very considerable period, and (ii) the contrary practice has been followed
2 min read