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Suresh Estates Pvt. Ltd. and ors. Vs. Municipal Corp. of Greater Mumba ...

Court : Supreme Court of India

Subject : Property

Acts : Maharashtra Regional and Town Planning Act, 1966 - Sections 45(5), 46 and 127; Companies Act, 1956; Mumbai Municipal Corporation Act, 1888; Environment (Protection) Act, 1986 - Sections 3, 3(1), 3(2), 5 and 24; Local Town Planning Regulations; DCR Reguations; Draft Development Control Regulations, 1989; Greater Bombay Development Control Regulations, 1991; Town and Country Planning Regulations; Development Control Regulations, 1989; Development Control Rules, 1967 - Rules 10(1), 10(2) and 52(8); Environment (Protection) Rules, 1986 - Rule 5(3); Draft Development Rules, 1989; Constitution of India - Articles 14 and 226

Reported in : 2008(1)ALLMR(SC)768; 2008(3)BomCR233; 2007(14)SCALE572; (2009)3SCC186; 2008AIRSCW163

of Environment and Forests issued Notification I on February 19, 1991 under Section 3(1) and 3(2)(v) of the Environment (Protection) Act, 1986 and Rule 5(3)(d) of the Environment (Protection) Rules, 1986 declaring coastal stretches as Coastal Regulation Zone (CRZ) and … permission to develop land referred to above with additional FSI of 3.73 times the FSI permissible under Rule 10(2) of DC Rules, 1967, and, (3) to direct the respondents to allow them to proceed with the development

In Re: Noise Pollution - Implementation of the Laws for Restricting Us ...

Court : Supreme Court of India

Subject : ConstitutionEnvironment

Acts : Constitution of India - Articles 19, 19(1), 19(1)A, 19(10), 21, 25, 141 and 142; Noise Pollution Control and Regulation Rules, 1999; Air (Prevention and Control of Pollution) Act, 1981 - Sections 2; Environment (Protection) Act, 1986 - Sections 2; Noise Abetment Act, 1960 - Sections 2; Control on Pollution Act, 1974; Noise and Statutory Nuisance Act, 1993; Noise Control Act, 1975; Noise Control (Miscellaneous Articles) Regulations, 1995; Noise Control (Motor Vehicles and Motor Vehicle Accessories) Regulations, 1995; Noise Control Ordinance; Noise Pollution (Regulation and Control) Rules, 2000 - Rule 3; Indian Penal Code (IPC), 1860 - Sections 95, 268, 290 and 291; Code of Criminal Procedure (CrPC) , 1973 - Sections 133; Factories Act, 1948 - Sections 89 and 90; Motor Vehicles Act, 1988;

Reported in : AIR2005SC3136; 2005(3)AWC2685(SC); 2005(5)BomCR553; 121(2005)DLT547(SC); [2005(4)JCR4(SC)]; JT2005(6)SC210; (2005)5SCC733

and Regulation Rules, 1999, Section 2 of Air (Prevention and Control of Pollution) Act, 1981, Section 2 of Environment (Protection) Act, 1986, Section 2 of Noise Abetment Act, 1960, Control on Pollution Act, 1974, Noise and Statutory Nuisance Act, 1993, Noise … over loudspeaker in the neighbourhood. The victim girl, later in the evening, set herself ablaze and died of 100% burn injuries. The petition complains of noise created by the use of the loudspeakers being used in religious

A.P. Pollution Control Board Vs. Prof. M.V. Nayadu (Retd.) and Others

Court : Supreme Court of India

Subject : Environment

Acts : Water(Prevention and Control of Pollution) Act, 1974 - Sections 25 and 28; Industries(Development Regulation) Act, 1951; National Environment Appellate Authority Act, 1997; Constitution of India - Articles 7, 32, 47, 48-A, 51-A, 136 and 226; Manufacture, Storage and Import of Hazardous Chemical(MSIHC) Rules 1989 - Rules 5, 6 and 11; The Chemical Accidents(Emergency) Planning, Preparedness and Response) Rules 1991; Environment(Protection) Act, 1986 - Sections 3(3); Hazardous Wastes(Management and Handling) Rules, 1989 - Rule 12; National Environmental Tribunal Act, 1995 - Sections 10; Environment(Protection) Act, 1996 - Sections 3(3); Air(Prevention and Control of Pollution) Act, 1981 - Sections 31; Protection of Human Rights Act, 1993; Air (Prevention of Pollution) Act, 1981 - Sections 31

Reported in : AIR1999SC812; JT1999(1)SC162; 1999(1)SCALE140; (1999)2SCC718; [1999]1SCR235; 1999(1)LC426(SC)

in fact, in the various environmental statutes, such as the Water Act, 1974 and other statutes, including the Environment (Protection) Act, 1986, these concepts are already implied. The learned Judge declared that these principles have now become part of our … power to award compensation for death or injury to any person (other than workmen), the said Tribunal under section 10 no doubt consists of a Chairman who could be a Judge or retired Judge of the Supreme or

Rama Narayan Mali Vs. Additional Collector and ors.

Court : Mumbai

Subject : Property

Acts : Land Acquisition Act; Bombay Tenancy and Agricultural Lands Act, 1948 - Sections 32 and 43; Environment (Protection) Act, 1986 - Sections 3; Constitution (Forty-second amendment) Act, 1976 - Sections 10; Gujarat Town Planning and Urban Development Act, 1976 - Sections 20(2); Maharashtra Land Revenue Code, 1966 - Sections 36A, 36A(1), 44, 44(1), 44(2), 44(3), 247, 257, 258 and 358; Constitution of India - Articles 21, 48A and 51A

Reported in : 2008(2)ALLMR426; 2008(2)BomCR598; 2008(3)MhLj300

issued to prevent the detrimental effect of setting up industry on its environment under Section 3 of the Environment (Protection) Act, 1986 (EPA). 30. The entire controversy between the parties, therefore, centers around this Notification. We are surprised that though … envisaged by the Act. The entire exercise commenced under the Forty-second Amendment to the Constitution of India. Under Section 10 of the Constitution (Forty-second amendment) Act, 1976 Article 48(A) has been inserted in the Constitution. It runs thus:48A.

Present: Mr.Vikas Bahl Advocate Vs. Regional Officer, Gurgaon Region

Court : Punjab and Haryana

Subject : Land Acquisition

15 of the Criminal Misc. not M-32220 of 2012 (O&M) -2- Criminal Misc. not M-3076 of 2013 (O&M) Environment Protection Act, 1986 ('Act' for short) as well as summoning order dated 31.7.2009 (Annexure P-17), whereby the petitioners were summoned to … Regional Officer Gurgaon Region Haryana State Pollution Control Board versus M/s Unitech Limited and others”. (Annexure P-6) under Section 15 of the Criminal Misc. not M-32220 of 2012 (O&M) -2- Criminal Misc. not M-3076 of 2013 (O&M) … passed in 135th meeting of Haryana Site Pollution Control Board held on 10.05.2005. The copy of agenda items No.135.7 is Annexure C-1 copy of agenda

Dada Fire Works Pvt. Ltd. and Anr. Vs. State of Maharashtra, through I ...

Court : Mumbai

Subject : Civil

Acts : Land Acquisition Act, 1894 - Sections 3, 4, 4(1), 4(2), 5A, 5A(2), 6, 17 and 17(1); Environment (Protection) Act, 1986; Municipal Solid Wastes (Management & Handling) Rules, 2000 - Rules 2, 4, 4(2) and 6; Bio-Medical Wastes (Management and Handling) Rules, 1998; Hazardous Wastes (Management and Handling) Rules, 1989; Maharashtra District Planning Committees (Constitution and Functions) Act, 1998 - Sections 10; Constitution of India - Articles 226 and 243ZD

Reported in : 2005(3)ALLMR627; 2005(4)BomCR50; 2005(3)MhLj807

state that the acquisition is illegal and unreasonable and the same is contrary to the provisions of the Environment (Protection) Act, 1986, The Municipal Solid Wastes (Management & Handling) Rules, 2000, Bio-Medical Wastes (Management and Handling) Rules, 1998, the Hazardous … the Country in general and the State in particular. Section 3 contemplates the constitution of District Planning Committee. Section 10 sets out the functioning of District Planning Committee. If therefore we consider the definition of development plan, the

M/S. Vedanta Aluminium Limited Vs. Union of India and Another

Court : Orissa

Subject : Environment

Acts : Environment (Protection) Act, 1986 - Sections 3, 5; Companies Act, 1956; Environment (Protection) 2Rules, 1986 - Rule 5; Water (Prevention and Control) Act, 1974 - Section 25, 33A; Air (Prevention and Control) Act, 1981 - Section 21; Constitution of India - Article 19(1)(g); Forest (Conservation) Act, 1986

restraining the opposite parties as also their related Departments from initiating legal action under the provisions of the Environment (Protection) Act, 1986 for the alleged violation of the EIA Notification, 2006; (e-i) In the alternative issue a writ of mandamus … 27.01.1994, the Ministry of Environment and Forests issued the Environment Impact Assessment (for short, “EIA”) Notification, 1994 under Section 3 of the Environment (Protection) Act, 1986 read with Rule 5 of the Environment (Protection) Rules, 1986. On … respect to the activities that could be undertaken without prior environmental clearance. 10. On 31.08.2010, opposite party No.1 issued a show cause notice to the

Fomento Resorts and Hotels Ltd. and anr. Vs. Minguel Martins and ors.

Court : Supreme Court of India

Subject : Property

Acts : Land Acquisition Act, 1894 - Sections 3, 3(1), 4, 4(1), 5A, 5A(2), 6 to 37, 39, 40, 40(1), 41, 41(5) and 42; Goa, Daman and Diu Town and Country Planning Act, 1974 - Sections 2(10), 4, 8, 8(2), 17, 18, 19, 20, 22, 43(3), 44, 44(1), 44(3), 46, 49(1) and 49(2); Water (Prevention and Control of Pollution) Act, 1974; Environment Protection Act, 1986; Land Acquisition (Amendment) Act, 1961 - Sections 40(1); Transfer of Property Act - Sections 52; Constitution (Forty-second Amendment) Act, 1976; Himachal Pradesh Village Common Lands Vesting and Utilization Act, 1973 - Sections 3; Constitution of India - Articles 48A and 51A

Reported in : 2009(57)BLJR711; 2009(4)BomCR348; JT2009(1)SC470; 2009(1)SCALE758; (2009)3SCC571; 2009(1)LC411(SC)

obtaining permission from the competent authority under the Water (Prevention and Control of Pollution) Act, 1974 and the Environment Protection Act, 1986.(xxii) In the reply affidavit filed on behalf of respondent Nos. 1 and 2 in Writ Petition No. … on the application made by the developer, the Government of Goa issued notification No. HD/LQN/315/78 dated 29.10.1980 under Section 4(1) of Land Acquisition Act, 1894 (for short `the 1894 Act') for acquisition of the plots comprised in

M. Nizamudeen Vs. Chemplast Sanmar Limited and ors.

Court : Supreme Court of India

Subject : Environment

Acts : Water (Prevention and Control of Pollution) Act, 1974; Air (Prevention and Control of Pollution) Act, 1981; Environment (Protection) Act, 1986 - Sections 2 and 3; Hazardous Chemicals (Manufacture, Storage and Import) Rules, 1989; Public Liability Insurance Act, 1991; Environment (Protection) Rules, 1986 - Rule 5(3); Constitution of India - Article 32

Reported in : 2010(2)SCALE792

under the Water (Prevention and Control of Pollution) Act, 1974, Air (Prevention and Control of Pollution) Act, 1981, Environment (Protection) Act, 1986, the Hazardous Chemicals (Manufacture, Storage and Import) Rules, 1989 the 1991 Notification and its subsequent amendments and the … the Notification of MOEF issued on November 27, 1989 and handling of a substance includes transfer, as per Section 2(d) of Environment (Protection) Act, 1986; that Chemplast did not seek any permission in respect of the pipelines … any hindrance to the public as well as to the aquatic life. 10. The unit shall provide and operate sufficient Navigational lighting Indication system during

Free Legal Aid Cell Shri Sugan Chand Aggarwal Alias Bhagat Ji Vs. Govt ...

Court : Delhi

Subject : Constitution

Acts : Noise Pollution (Regulation and Control) Rules, 2000 - Rules 2 (C), 3, 5(1) and (2); Environment (Protetion) Act, 1986; Environment (Protection) Rules, 1986 - Rule 5; The Explosive Act, 1884; Explosive Rules, 1983 - Rules 87, 113, 128 and 154; Noise Abatement Act, 1960 - Sections 1; Control of Pollution Act, 1974 - Sections 11 (9), 57 and 74; Street Offences Act, 1959 - Sections 1(4); Constitution of India - Articles 19(1), 21, 25 and 253; Air (Prevention and Control of Pollution) Act, 1981; Air (Prevention and Control of Pollution) Amendment Act, 1987 - Sections 2, 2(1); Environment (Protection) Act, 1986; Code of Criminal Procedure (CrPC) , 1973 - Sections 144

Reported in : AIR2001Delhi455; 93(2001)DLT28; 2001(60)DRJ297

Control) Rules, 2000 (in short, 'Noise Pollution Rules') framed by the Central Government under the provisions of the Environment (Protection) Act, 1986 read with Rule 5 of the Environment (Protection) Rules, 1986. Rule 3 of the Noise Pollution (Regulation and … possession, storage and sale in commercial areas.9. In England, there was an Act called Noise Abatement Act, 1960, Section 1 of which has been superseded by sub-section (9) of Section 11 of the Control of Pollution Act, … Zone 50 40Note - (1) Day-time shall mean from 6.00 a.m. to 10.00 p.m.(2) Night-time shall mean from 10.00 to 6.00 a.m.(3) Silence zone is