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Environment Law Monthly Updates – April 2024

02 May 2024

Partner: Rajat Jariwal, Associates: Prerna Singh and Shatakshi Tripathi

1 Judgments

1.1 Supreme Court of India

a. Supreme Court emphasises the importance of protecting forests and holding government officials accountable for improper discharge of their duties

On 18 April 2024, the Supreme Court decided a property suit for a land that fell within the forest area.1 In its order, the Court accentuated the significance of forests for the survival of diverse life forms. The Court also dwelled on the importance of forest land for the nation’s future and observed that the concept of sustainable development is to be understood from an eco-centric approach.

Interestingly, the Court imposed costs of INR 5 lakh on the state and criticised the officials of the forest department of the state of Andhra Pradesh who abdicated their public duty of protecting and preserving forest land and filed incorrect affidavits. In fact, the Court allowed the state to enquire into the lapses committed by the concerned officers and to recover the cost imposed on the state from them.

This judgment further augments the judiciary’s recognition of protection from climate change as a fundamental right. It is expected that this judgment will pave the way for transforming the approach of the executive towards environment law issues.

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