Friday, August 7

Environmental Law

The Supreme Court has asked the Union Government to explain how housing promised under the Forest Rights Act, 2006, can align with the Forest (Conservation) Act, 1980, which restricts permanent constructions in forest areas. Hearing Sugra Adiwasi & Ors. v. Pathranand & Ors., a bench of Justices P.S. Narasimha and Atul S. Chandurkar directed the Ministries of Environment, Forest and Climate Change and Tribal Affairs to consult and file an affidavit within four weeks outlining a framework that balances housing needs of forest dwellers with conservation laws. The case is reported as 2025 LiveLaw (SC) 995.

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In Practical Solutions Inc. v. State of Telangana, the Supreme Court held that when a High Court refuses to quash an FIR, it cannot indirectly protect the accused from arrest by directing the police to follow procedures like notice under Section 35(3) BNSS (earlier Section 41A CrPC) without proper reasons. The Court said such relief can be granted only after considering the merits and hearing the complainant. Relying on Neeharika Infrastructure (P) Ltd. v. State of Maharashtra, it set aside the High Court’s order and sent the case back for fresh consideration.