Environment – Diversion of forest land for highways, transmission lines, mining, and Commonwealth Games projects – Conditional clearances granted subject to CEC recommendations, NBWL conditions, FC Act approval, and NPV payments [Paras 6-8, 26, 40-44].
Forest Land Diversion – National Highway Expansion – Wildlife Sanctuary Land – Conditional Approval - NHAI sought ...
Environmental Protection – Aravalli Mining – Punjab Land Preservation Act, 1900 – Preparation of Macro Plans Ordered - CEC filed a report on mining activities in Aravalli region – Court directed that macro-level environmental and land use plans must be prepared before permitting site-specific projects including relocation of Trade Fair Authority, Police Training Academy, an...
Delhi Rent Control Act – Constitutionality of Section 14(1)(e) – Bona fide requirement – Discrimination between residential and non-residential premises – Section 14(1)(e) held partly unconstitutional – The classification restricting landlord’s right of eviction to residential premises only held violative of Article 14 – Provision read down to apply unifor...
Service Law – Probation – Reversion from Higher Post – Appellant was appointed as Extra Assistant Commissioner on probation – Despite commendable service and no extension of probation period by the Governor, appellant was reverted to his former post of Tehsildar – Held: Mere lapse of probationary period does not confer a right to confirmation – However, absence ...
Slum Rehabilitation – Competing Claims – Developer’s proposal rejected due to overlap with already approved scheme and lack of Annexure I for one of the plots – Held: SRA's rejection justified – Composite application without complete documentation for F.P. No. 569 (Part) was invalid – Developer had not annexed Annexure I with original proposal [Paras 29, 54&...
Judicial Tenure – Tenure of Members of Sikh Gurdwara Judicial Commission – Not Perpetual – Constitution Permits Time-Bound Appointments – Petition challenged the removal and replacement of Judicial Commission members under Sikh Gurdwaras Act, 1925 – Appellant contended members serve until no case is pending, claiming virtual perpetuity – Held: Tenure is not perp...
PIL – Civil Writ - Inter-State Water Dispute – Jurisdiction – Articles 262(2), 131, 32, Constitution – Section 11, Inter-State Water Disputes Act, 1956 – Petitioners sought to restrain Karnataka and private company from constructing Mini Hydel Project at Rajolibanda Diversion Scheme alleging diversion of Krishna river water to detriment of Andhra Pradesh farmers &ndas...
Constitutional Law – Writ - Article 14 – “One-man legislation” – Proviso to Section 11(1A), AIIMS (Amendment) Act, 2007 – Held unconstitutional – Amendment directed only against incumbent Director P. Venugopal, prematurely terminating his five-year tenure without justifiable reasons or safeguards – Such singling out constitutes naked discrimination, ...
Land Acquisition – Due Process – Sections 3A, 3D & 3G(3) of National Highways Act – Gazette Notification issued in 2022 under Section 3A did not include all petitioners’ properties – Declaration under Section 3D dated 03.07.2024 and subsequent compensation proceedings initiated – Petitioners allege interference with possession without due acquisiti...
Customs Law – Import Clearance – Out of Charge – DRI Officer’s Post-Clearance Action – Petitioner’s goods (dry dates) cleared under Section 47 of Customs Act after full verification by Customs, FSSAI, and Ministry of Agriculture – Despite clearance and gate pass, goods forcibly brought back to CFS by DRI Officer based on unverified intelligence alleging Pa...