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Court-Appointed Monitoring Committees: The Case of the Dahanu Taluka Environment Protection Authority - Comment

Authors: Geetanjoy Sahu & Armin Rosencranz;

Court-Appointed Monitoring Committees: The Case of the Dahanu Taluka Environment Protection Authority - Comment

Abstract

The premise of this paper is that, despite the existence of a well-established regulatory framework to enforce environmental laws and policies in each state of India, there has been a variation in the implementation of environmental judgments. This paper argues that an independent and proactive Court-appointed monitoring committee, namely the Dahanu Taluka Environmental Protection Authority (DTEPA), has not only ensured the effective implementation of environmental laws but has also exposed the anti-environment bias of both the Union Ministry of Environment and Forests (MoEF) and the State Government of Maharashtra. Further, the DTEPA has created a space for civil society groups and other stakeholders to be part of the monitoring committee to help implement Court directions. The paper also discusses how the DTEPA's inclusive approach has empowered the local people to participate in decision-making that affects their environment. It is argued that judicial intervention in the implementation of its decisions has become crucial to enforce its directions, and that this intervention is undertaken not to take away the power and functions of implementing agency, but rather to translate its directions into action at the grassroots level. Finally, the paper offers recommendations to monitoring committees in other environmental cases that are faced with political pressure or industrial lobbying.

Keywords

leadership, PIL and Justice, Environmental law, environmental movements, Monitoring committee, HD72-88, Economic growth, development, planning, K3581-3598

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
gold