Supreme Court Settles a Recurring Environmental-Law Dispute: Land Allotment Is Not a Pre-Condition for Seeking Environmental Clearance In a significant ruling delivered on 07.09.2026, the Supreme Court of India (J.B. Pardiwala and Manoj Misra, JJ.) in M/s Punahchakran Pvt. Ltd. v. Indotech Waste Solution & Ors. , 2026 INSC 956, Civil Appeal No. 7367 of 2024, clarified several questions that regularly trouble project proponents, pollution control boards, and environmental litigators alike particularly in cases concerning Common Bio-Medical Waste Treatment Facilities (CBWTFs). Key takeaways: 🔹 CPCB's Revised Guidelines, 2016 are mandatory non-publication in the Official Gazette does not dilute their binding force where publication on the CPCB's official website is otherwise reasonable and the parent statute/rules prescribe no fixed mode. 🔹 Land allotment ≠ pre-condition for Form 1 under Clause 6 of the EIA Notification, 2006, mere identification of a prospectiv...
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Showing posts with the label Law & Legal
The Untold Story of J&K’s Accession – Facts Beyond the Textbooks
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By Advocate Ganesh Mishra, Founder, Mishra and Associates, New Delhi advocateganeshmishra@gmail.com www.advocateganeshmishra.in Mob +91-9136273395 Introduction The accession of Jammu & Kashmir (J&K) to India in 1947 remains one of the most significant and debated chapters in Indian history. While official narratives have often focused on the events following the Pakistani tribal invasion, a closer look at historical records and testimonies reveals a more nuanced story-one that challenges many popular perceptions and raises important questions about political decisions at the highest level. The Maharaja’s Dilemma and Early Steps Toward India Maharaja Hari Singh, the ruler of J&K, faced a complex situation in the months leading up to independence. With partition violence raging and his state’s Muslim-majority demography, he initially sough...
Understanding Property Disputes in Delhi: What Every Homeowner Should Know
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Property disputes are common in Delhi, especially among middle-class families who have invested their life savings in real estate. Issues can arise due to unclear property titles, illegal possession, or disputes among family members. Do’s: Always verify the property title and ownership documents before purchasing. Register your property and keep all legal documents safe. Consult a lawyer before signing any property agreement. Don’ts: Don’t rely solely on verbal agreements or informal receipts. Avoid shortcuts in property registration or mutation. Without proper legal advice, you risk losing your investment or getting entangled in lengthy court battles. For expert guidance, contact Ganesh Mishra, Advocate, Supreme Court and Delhi High Court, at Mishra & Associates, Mayapuri, New Delhi. Conclusion: Why You Need Expert Legal Advice Legal issues can have lasting financial and emotional consequences if not handled properly....
Article 227 of the Indian Constitution: Overview
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Article 227 of the Indian Constitution grants supervisory powers to the High Courts over all subordinate courts and tribunals within their territorial jurisdiction. This provision ensures that these judicial bodies function within the bounds of law and maintain procedural integrity. Key Provisions Superintendence Over Courts and Tribunals: High Courts are empowered to oversee the functioning of all courts and tribunals in their jurisdiction, ensuring compliance with legal standards. Administrative Powers: Under Clause 2, High Courts can: Call for reports from subordinate courts. Issue rules and prescribe forms for regulating practices and proceedings. Specify formats for maintaining records and accounts by court officers. Fee Regulation: Clause 3 allows High Courts to determine fees for clerks, attorneys, advocates, and other court personnel, subject to approval by the Governor. Exclusions: Article 227 explicitly excludes supervisory authority over courts or tribunals established under...