01 Jul 2024
This update covers notable environment law developments in the month of June 2024 on the judicial and regulatory fronts.
In June 2024, the environment law regime in India saw significant developments with a key National Green Tribunal (NGT) judgment on challenging environmental clearances and new standard operating procedures from the Central Pollution Control Board (CPCB). These are discussed in detail below.
The Central Zone Bench of the NGT recently dismissed two applications challenging a company’s environmental clearance. The applications alleged violations of the air and water pollution control laws and accordingly requested that the company’s environmental clearance either be cancelled or put on hold. However, the respondents argued that the applications were not maintainable in the first place for several reasons:
a. They suffered from inordinate delay and were filed after the limitation period had ended.
b. The applications were in the form of hybrid application-cum-appeal seeking multiple reliefs based on different causes of action, which is not allowed under the NGT practice and procedure rules.
c. An environment clearance cannot be challenged through an original application under Sections 14 and 15 of the National Green Tribunal Act, 2010 (NGT Act), which was the case with the present applications.
d. Earlier, in similar proceedings, a Joint Committee instituted by the NGT had rejected the challenge by deciding in favour of the company and its environment clearance.
The NGT agreed with the respondents and found the applications to be time-barred and a repetition of already concluded proceedings. This decision is likely to discourage frivolous and motivated petitions before the NGT that look to either misuse or circumvent the applicable law.
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