Judicial Activism in Environmental Governance: NGT and High Court Interventions
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Recent judicial interventions by the NGT and Madras High Court against environmental violations highlight the judiciary's critical role in enforcing compliance and protecting ecologically sensitive zones.
The Indian judiciary has recently intensified its oversight of environmental compliance, signaling a shift toward stricter accountability for both public institutions and private entities. In a significant move, the National Green Tribunal (NGT) imposed a penalty exceeding ₹2 crore on the Banaras Hindu University (BHU) for the illegal felling of trees. Simultaneously, the Madras High Court has taken a firm stance against the operation of illegal resorts within the Sathyamangalam Tiger Reserve, an ecologically sensitive area.
These developments underscore the 'Polluter Pays' principle, a cornerstone of Indian environmental jurisprudence. By holding a premier educational institution like BHU accountable, the NGT has reinforced the message that no entity is exempt from environmental laws, regardless of its stature. Similarly, the Madras High Court’s intervention in the Sathyamangalam Tiger Reserve highlights the judiciary's role in safeguarding biodiversity hotspots from the encroachment of commercial tourism, which often bypasses Environmental Impact Assessment (EIA) norms.
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