Daily Court Digest: Major environment orders (April 16, 2019)

Down To Earth brings you the top environmental cases heard in the Supreme Court, the high courts and the National Green Tribunal

By DTE Staff
Last Updated: Tuesday 16 April 2019
Photo: Getty Images

No mining along Kaziranga National Park: Supreme Court

The two-member bench of Justice Arun Mishra and Justice Deepak Gupta of the Supreme Court (SC) on April 12 ordered that all kinds of mining and related activities along Kaziranga National Park (KNP) area, and in the entire catchment area of rivers/streams and rivulets originating in Karbi Anglong Hill ranges and flowing into KNP, including Tiger Reserve, are restrained. Further, no new construction shall be permitted on private lands which form part of the nine identified animal corridors.

The Director General of Police, Assam, and the Superintendent of Police concerned have been asked to ensure that no illegal mining takes place in the aforesaid area and no transportation of illegally mined material take place from Karbi Anglong Hills.

SC to look into the physical possession of irrigation headworks at Ropar, Harike and Firozepur

Supreme Court Justice Rohinton Fali Nariman and Justice Vineet Saran on April 12, in their order dealing with the physical possession of the irrigation headworks at Ropar, Harike and Firozepur, framed seven important issues for discussion.

The main issue under consideration was: whether the Government of India (GoI) was under a mandatory obligation to take over the physical possession of irrigation headworks, at Ropar, Harike and Firozepur; and place the same under the physical control of Bhakra Beas Management Board for the administration, maintenance and operation of said irrigation headworks. Another issue was: whether there was a corresponding legal obligation on the state of Punjab to deliver possession of the above mentioned irrigation headworks to the GoI?

SC hears diversion of Beas water for Sidhmukh Nohar Project

The SC on April 12 was hearing the issue of diversion of Beas water for Sidhmukh Nohar Project in Rajasthan. The issues framed by the apex court for discussion consisted of whether the state of Rajasthan is entitled to carry 0.17 million acre-feet (MAF) (MAF) (ex-Nangal) Beas diverted water through BML for Sidhmukh Nohar Project in accordance with various agreements between the partner states and Government of India, including the agreement dated 31.12.1981 and the decision of the Union of India dated 15.01.1982.

Also whether the State of Haryana has any obligation to carry Ravi-Beas water in the 300 cusecs (0.17 MAF) capacity of BML, which already stands allocated to the State of Rajasthan by Government of India decision dated 15.01.1982 for carrying of 0.17 MAF of Beas Diverted Water.

The SC directed affidavits in the matter be submitted within a period of three months.

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