Air and Noise
- USAID – CABH
Being the legal arm of the 5 year project. Through the CABH activity, the USAID plans to support the Government of India (GOI) to address air pollution and its health impacts by:
- Supporting Indian counterparts in identifying and developing regulatory interventions for improved governance on air pollution mitigation and health impacts;
- Leveraging U.S. and Indian innovation, finance and expertise for air pollution mitigation measures and reducing exposure to air pollution;
- Helping strengthen the science underpinning solutions; and
- Raising awareness across stakeholders to drive social and behavioural transformation.
- ELDF has MoU with MESASO for providing its legal services for litigation matters and other aspects of law dealing with building and construction.
- Anand Singh & Ors. V/s State of Uttarakhand & Ors. ( O.A. No. 638/2022) – regarding illegal operation of sawmills.
- Union of India vs Ajay Marathe (SLP No. 23091 -92/2017) – Issue regarding Noise Rules.
- MC Mehta vs UoI (WP(c) No. 13029/1985) – Stubble Burning.
Biodiversity
- Nagaland State Biological Diversity Rules, 2009
- Tata Energy Research Institute (Now the Energy Resource Institute) and U.P. Forest Department: Review of Biodiversity related laws to develop a Biodiversity Strategy Action Plan
- GEF-UNDP-GOI: Implementing the National Programme on Mainstreaming Conservation and sustainable use of Medicinal Plant Diversity in Arunachal Pradesh under the GEF Programme of the UNDP
- To revise State Forest Policies that support conservation and sustainable use of Medicinal Plants in Arunachal Pradesh
- GEF-UNDP-GOI: Implementing the National Programme on Mainstreaming Conservation and sustainable use of Medicinal Plant Diversity in Uttarakhand under the GEF Programme of the UNDP
- To revise State Forest Policies that support conservation and sustainable use of Medicinal Plants in Uttarakhand
- Ministry of Environment and Forests and the Project Tiger Office, Government of India: Preparation, Designing and Developing a Project Report for the Biodiversity Conservation and Rural Livelihood Improvement Project (BCRLIP)
- As a part of the larger consortium (PEACE, Samrakshan Trust, NR International and ELDF) hired as consultants for BCRLIP. The specific tasks included review of guidelines and procedures (Policy and law) for Indus Valley (Changthang) Landscape (Ladakh), Wild Ass Sanctuary Landscape (Gujarat), Agasthyarmalai Biosphere Reserve (intervening landscape, Tamil Nadu and Kerala) and personal visits to the study sites.
- Ministry of Environment and Forests and the Project Tiger Office, Government of India: Preparation, Designing and Developing a Project Report for the Biodiversity Conservation and Rural Livelihood Improvement Project (BCRLIP)
Environment Protection
- The World Bank: Review and Assessment of the Degree of Equivalence between World Bank Safeguard Requirements and India’s system for Environmental and Social Safeguards.
The objective for this project was to determine whether India’s Legal Framework, as applicable to the State of West Bengal, is equivalent to the environmental and social safeguards applicable to the proposed ‘West Bengal Health Systems Project’ of the World Bank.
- Planning and Development Collaborative International Inc. (PADCO): Legal Opinion on Pollution Laws in India
The consultancy involved providing legal advice and research in supporting the development of improved policies and practices to support USAEP activities with the CPCB and other partner organizations and agencies in developing strategies for improved enforcement and compliance.
- M/s Ashiana Housing Ltd: Legal opinion on requirement of obtaining Consent to Establish and Operate from the Pollution Control Board and of Environmental Clearance under the Environmental Impact Assessment Notification, 2006.
ELDF provided legal advice on the issue that whether the housing projects require CTE and CTO under The Air and Water Acts and whether environmental clearance is required for housing projects which had been commissioned prior to the EIA Notification of 2006.
- M/s Escorts Construction Equipment Ltd: Legal opinion on requirement of EC for industry engaged in manufacture and assembling of road construction and material handling equipments, and whether increase in investment amounts to expansion.
ELDF provided legal advice on the issue that whether an industry in demarcated industrial estate was required to seek independent EC under the EIA Notification, 2006. Another issue on which legal advise was sought was regarding whether an increase in investment amounts to expansion as per EIA Notification, 2006.
- M/S NJC Hydro Power Limited: Legal opinion on the statutory clearance required for establishment of Hydro Power Station in the state of Arunachal Pradesh.
ELDF provided legal assistance in researching all the statutory clearances required for the project and the process to be followed for seeking such clearances. The opinion also included a strategy in case of challenge to any such statutory clearance before any legal forum.
- ELDF has worked with Chintan on issues relating to plastic pollution.
Accordion Content
- The Just Environment (Charitable) Trust – Toxics Link
Development of Options Analysis and Feasibility study for the long term storage of excess mercury in Asia. ELDF under this focussed requirements for legal and regulatory responsibilities in respect to various aspects of mercury storage facility, both interim and long-term, covering development of a legal framework for establishing actions to achieve effective regulatory control over the same in Asia region.
- Edwin Wilson v/s Union of India & Ors. (CA No. 9677/2019) – Ban on use of plastic banners during elections.
- Shobha Chemicals vs Udit Jagat & Ors. (C.A. No. 3369/2020) – Whether coal tar plants require EC?
- Young Builders vs University of Delhi – Question of validity of EC.
- Vivek Ent. Udyog & Others v. UOI & Others (Civil Appeal – Diary No. 9603/2023) – regarding operation of brick kilns.
- Anand Singh & Ors. V/s State of Uttarakhand & Ors. ( O.A. No. 638/2022) – regarding illegal operation of sawmills.
- Nishant Bhargav v/s State of Uttar Pradesh & Others (OA No. 771/2022) – Violation of EC conditions.
- Raman Sharma v/s State of Haryana & Ors. (OA No. 68/2022) – violation of EC conditions.
- Anand Kumar Jha v/s MOEF&CC & Ors. (Appeal No. 05/2021) – Challenging validity of EC
- Om Sri Sri Sarbanjinand Durga Puja Committee v. State of Odisha & Others – (OA No. 42/2023) – against disposal of fly ash in a pond near village.
- Environment Protection v/s MoEF&CC Ors. (O.A. No. 205/2021)
- KR Reddy v/s UoI & Ors. ( Appeal No. 49,50,51,52,53/2022) – appeal against EC granted.
- Aditya Roop Chauhan v/s UoI & Ors. (OA. 60/2022/WZ) – Gas Leak in factory resulting in death of workers.
Land
- The Other Media: A Study/Research of Legal Appraisals of Issues Concerning Land Acquisition and public purpose
ELDF did a study reviewing the Land Acquisition Act, 1894 and the Supreme Court’s view on the contentious issue of ‘public purpose’. Based on a historical premise, the study traced the history of Apex Court’s interpretation of public purpose. The study resulted in a well-documented booklet titled “Land Acquisition and Public Purpose”, which was published in 1998.
- With the World Bank: Strengthening and Transforming Institutions for Management of Land Acquisition and Resettlement and Rehabilitation
ELDF conducted a comprehensive study of the legal framework for land acquisition and resettlement and rehabilitation in the state of Himachal Pradesh and Gujarat to identify the gaps between principles for efficient, transparent and equitable systems and actual implementation practices.
- With the World Bank for emerging issues in Tribal Land in the central Belt of India, Background study for the Indian Land Policy Economic Sector Work.
ELDF did a review of PESA and its state adoptions in Madhya Pradesh and Andhra Pradesh as regards the protection of tenant rights of the tribals, examination of the role played by various committees and commissions in shaping policy relating to tribal lands, along with giving specific recommendations on strengthening legal regime at the state level.
- Overseas Development Institute, U.K: Tribals and Their Lands- Legal Issues and Concerns with Special Reference to Madhya Pradesh and Andhra Pradesh
ELDF did a desk-based review of law and policies governing land in schedule areas and scheduled tribes’ land in non-schedule areas in the states of Madhya Pradesh and Andhra Pradesh. It included review and analysis of different types of land and implications for tenure security, access and use of tribal land including customary rights. The impact of recent judicial pronouncements was also assessed.
- With the World Bank: For Support to ARAZI (Afghanistan Land Authority) for review and revision of Afghanistan Land Expropriation Law and its Amendments
ELDF provided structure for the revised Land Expropriation Law and its amendments and review the proposed amendments for their alignment with best international (global and regional) practice and World Bank’s policy on involuntary resettlement. The World Bank: Strengthening and Transforming Institutions for Management of Land Acquisition and Resettlement and Rehabilitation
- With the World Bank: For Strengthening and Transforming Institutions for Management of Land Acquisition and Resettlement and Rehabilitation
ELDF did a comprehensive study of the legal framework for land acquisition and resettlement and rehabilitation in the state of Himachal Pradesh and Gujarat to identify the gaps between principles for efficient, transparent, and equitable systems and actual implementation practices.
- Anand Singh & Ors. V/s State of Uttarakhand & Ors. ( O.A. No. 638/2022) – regarding illegal operation of sawmills.
- Union of India vs Ajay Marathe (SLP No. 23091 -92/2017) – Issue regarding Noise Rules.
- MC Mehta vs UoI (WP(c) No. 13029/1985) – Stubble Burning.