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Supreme Court Bans Mining in Eco-Sensitive Zones Around National Parks and Wildlife Sanctuaries. Minimum 1 km Buffer Zone Mandated to Protect Forest Resources and Wildlife Habitat Under the Environment (Protection) Act, 1986 and Forest Conservation Act, 1980.

This judgment arises from a series of interlocutory applications in the ongoing T.N. Godavarman Thirumulpad v. Union of India public interest litigati...

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Karnataka High Court Quashes State Order Permitting Non-Forest Use of Reserved Forest Without Central Approval. Section 28 of Karnataka Forest Act, 1963 Cannot Override Section 2 of Forest (Conservation) Act, 1980.

The petitioner, Gireesh Achar, filed a public interest litigation under Articles 226 and 227 of the Constitution of India challenging an order dated 2...

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Supreme Court Upholds NGT Order Quashing Environmental Clearance for Peripheral Ring Road Due to Stale EIA Data. Primary Data Collected Over Three Years Before Submission Invalidates Clearance Under EIA Notification 2006.

The appeal arose from a judgment of the National Green Tribunal (NGT) dated 8 February 2019 quashing the Environmental Clearance (EC) granted to the B...

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High Court of Karnataka Dismisses Writ Petitions Challenging Rejection of Quarrying Lease Renewal in Forest Area. Court upholds rejection on ground that land is classified as forest and requires prior approval under Forest Conservation Act, 1980.

The judgment involves two writ petitions filed by Dhananjay and M/s. Shilpi Granite Exports challenging the rejection of their applications for renewa...

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High Court of Karnataka Dismisses Second Appeal in Easement Right of Way Case — Concurrent Findings of Fact Not Interfered With. Plaintiff failed to prove existence of easement by necessity or prescription over forest land under Section 100 CPC.

The appellant, Sri B.V. Srikumar, was the unsuccessful plaintiff in a suit for declaration of right of way and permanent injunction against the Chief ...

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Bombay High Court Directs State to Decide Representations of Forest Dwellers Under Forest Rights Act. Petitioners Sought Recognition of Forest Rights and Patta Under Sections 4(3), 4(5), 4(6) of Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.

The petitioners, twelve individuals claiming to be forest dwellers, filed a writ petition before the Bombay High Court seeking directions to the State...

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Bombay High Court Holds Civil Court Cannot Regularise Encroachment on Forest Land in Contravention of Forest (Conservation) Act, 1980 — Government Resolution of 1979 Cannot Override Section 2 of the Act.

This is a reference made by the Joint Civil Judge, Junior Division, Kannad under Section 113 of the Code of Civil Procedure, 1908, seeking answers to ...