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The National Green Tribunal (NGT) has issued a significant ruling in Pranjal Karera v. Union of India & Ors., O.A. No. 93/2024 (CZ), fundamentally altering how Building and Construction projects are assessed under environmental laws in India. Key Takeaways from the Judgment ✅ All Building and Construction projects located within 5 km of ecologically sensitive zones, critically/severely polluted areas, and interstate boundaries must now be classified as Category A. ✅ These projects will no longer be appraised at the State level but at the Central level by sectoral Expert Appraisal Committees (EACs), ensuring stricter scrutiny and better environmental safeguards. Background: How Did We Get Here? The EIA Notification, 2006, issued under the EP Act categorizes projects based on environmental impact: 🔹 Category A: Requires clearance at the Central level by Expert Appraisal Committees (EACs). 🔹 Category B: Assessed at the State level by SEIAAs and SEACs—unless the General Condition (GC) applies, escalating their review to the Central level. However, a controversial amendment in December 2014 excluded Building & Construction projects from the General Condition, allowing them to be appraised at the State level, even when located in ecologically fragile areas. This weakened environmental oversight, leading to concerns over regulatory dilution. On March 6, 2024, the Kerala High Court (One Earth One Life v. MoEF) quashed this amendment. Now, the NGT has reaffirmed that the General Condition fully applies to Building & Construction projects. What This Means Moving Forward 🔹 More Rigorous Environmental Scrutiny – Real estate and infrastructure projects in critically polluted or eco-sensitive areas will now undergo stricter review at the Central level. 🔹 Greater Accountability & Compliance – The Ministry of Environment, Forest & Climate Change (MoEF&CC) must ensure that all affected projects are categorized correctly and reviewed accordingly. 🔹 Stronger Environmental Protections – This ruling ensures that projects with significant ecological impacts are reviewed by expert panels, rather than being assessed at the State level, where regulatory oversight has often been weaker. 🔹 Reinforcement of Environmental Rights – The decision strengthens Article 21 of the Constitution by prioritizing sustainability in development projects. Conclusion This ruling is a major step forward in ensuring that environmental safeguards are not compromised for ease of project approvals. It upholds the importance of scientific assessment in project evaluation and reinforces the role of judicial oversight in protecting India’s ecological balance. It will now be crucial to see how the MoEF&CC implements this directive, ensuring that environmental clearances are granted with due diligence and scientific rigor. For a detailed analysis, read the full article here: https://lnkd.in/g5gHvc5p

Vertari Legal is inviting applications for the position of Legal Associate to be a part of our litigation team. The role involves active engagement in litigation matters before the Delhi High Court, District Courts, and the Supreme Court of India. Position Details:- - Role: Legal Associate – Litigation - Experience: 0-2 years (Candidates with prior litigation experience will be preferred) - Location: A-446 (LGF), Defence Colony, New Delhi - 110024 (Physical presence required) - Probation Period: 1 month | Stipend: ₹15,000 - Post-Probation Remuneration: ₹20,000 – ₹25,000 per month (based on performance) Requirements:- - Law graduate with a keen interest in litigation - Strong research, drafting, and analytical skills - Should be enrolled with the Bar Council of India - Ability to work in a fast-paced legal environment Interested candidates may send their CVs to madhavbhatia@vertarilegal.com.

Vertari Legal is inviting applications for the position of Legal Associate to be a part of our litigation team. The role involves active engagement in litigation matters before the Delhi High Court, District Courts, and the Supreme Court of India. Position Details:- - Role: Legal Associate – Litigation - Experience: 0-2 years (Candidates with prior litigation experience will be preferred) - Location: A-446 (LGF), Defence Colony, New Delhi - 110024 (Physical presence required) - Probation Period: 1 month | Stipend: ₹15,000 - Post-Probation Remuneration: ₹20,000 – ₹25,000 per month (based on performance) Requirements:- - Law graduate with a keen interest in litigation - Strong research, drafting, and analytical skills - Should be enrolled with the Bar Council of India - Ability to work in a fast-paced legal environment Interested candidates may send their CVs to madhavbhatia@vertarilegal.com.

A Judicial Analysis of Section 106 BNSS: Tracing the Evolution from Section 102 CrPC Our latest blog delves into the transition from Section 102 CrPC to the current Section 106 BNSS, focusing on how judicial interpretations have shaped the application of this provision in property seizure cases. Key Takeaways: - The scope of "property" under Section 106 BNSS, including the important distinction between movable and immovable assets. - Landmark cases such as State of Maharashtra v. Tapas D. Neogy and Nevada Properties (P) Ltd. v. State of Maharashtra that expanded the definition of "property" and clarified limits on police authority. How these rulings balance the powers of law enforcement and individual property rights, and the ongoing legal debates on immovable property seizures. As law enforcement faces new challenges with modern crimes such as financial fraud and cybercrimes, the legal landscape continues to evolve. How will future judicial interpretations shape Section 106 BNSS? Read the full analysis and explore how these pivotal judgments impact property rights and law enforcement powers: https://lnkd.in/gynHH_K8 #CriminalLaw #PropertyRights #JudicialInterpretation #Section106BNSS #LegalAnalysis #SupremeCourt #LawAndOrder #VertariLegal