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Vellore Citizens Welfare Forums Vs. Union of India rep. by its Secreta ...

Court : Chennai

Subject : Land Acquisition

in 1996 (5) SCC 647), directing the Central Government to constitute an Authority under Section 3(3) of the Environment (Protection) Act, 1986. 2. In accordance with the said direction, the Central Government constituted an Authority known as the Loss of … services of the staff of the Authority and incidentally for continuation of the Authority as a permanent body. 12. From the pleadings and rival contentions, the only question that arises for consideration before us is as to

Fr. Muller's Hospital, Rep. by Its Director Vs. the Member Secretary a ...

Court : Karnataka

Subject : Environment

Acts : Environment (Protection) Act, 1986 - Sections 6, 8, 12, 15, 25 and 25(2); ;Bio Medical Waste - (Management And Handling) Rules, 1998 - Rule 8(3)

Reported in : AIR2004Kant342; ILR2003KAR5116

Central Government in exercise of the powers conferred on it under Sections 6, 8 and 25 of the Environment (Protection) Act, 1986 (hereinafter referred to as 'the Act').2. Every occupier of an institution generating such bio medical waste and handling … further pointed out that this is an environmental laboratory of the nature referred to in Sub-section 2 of Section 12 and a conjoint reading of Section 25 and Section 12 makes it very obvious that the Rule making

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 … the expansion of the Alumina Refinery from 1MTPA to 6 MTPA. On 12.03.2008, opposite party No.1 issued TOR for preparation of the Environment Impact Assessment

Indian Council for Enviro-legal Action and ors. Vs. Union of India (Uo ...

Court : Supreme Court of India

Subject : Environment

Acts : Constitution of India - Articles 12, 21, 32 48A and 51A; Environment (Protection) Act, 1986 - Sections 3, 4 and 5; Water (Prevention and Control of Pollution) Act, 1974 - Sections 24(1), 25(1), 33 and 33A; Water (Prevention and Control of Pollution) (Amendment) Act, 1988; Air (Prevention and Control of Pollution) Act, 1981; Hazardous Wastes (Management and Handling) Rules, 1989; Environment (Protection) Act, 1986 - Sections 3 to 5

Reported in : AIR1996SC1446; (1996)3GLR272; JT1996(2)SC196; 1996(5)SCALE412; (1996)3SCC212; [1996]2SCR503

of sludge mixed with soil were collected from different part of this area after serving due notices under Environment Protection Act, 1986. So far as the water in the wells was concerned, the Report mentioned that they took samples from … private corporate bodies. They are not 'State' within the meaning of Article 12 of the Constitution. A writ petition under Article 32 of the Constitution, … even in the year 1993, the authorities [R.P.C.B.] passed orders closing down, in exercise of their powers Under Section 33A of the Water Act, the operation of the Sulphuric Acid Plant and the solvent extraction plant including

N.D. Jayal and anr. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : EnvironmentCivil

Acts : Constitution of India - Articles 21 and 32; Environment Protection Act, 1986 - Sections 3, 3(2), 3(5) and 19; Administrative Law; Land Acquisition Act - Sections 4(1); Environmental Rules, 1986 - Rule 5; International and Domestic Law

Reported in : JT2003(Suppl2)SC1; 2003(7)SCALE54; (2004)9SCC362; AIR 2004 SC 867

among others under the provisions of the Environment (Protection) Act, 1986.' On 12.4.1991 another letter was sent again noticing the failure of Tehri Hydel Development … be brought to a halt and this condition will be enforced among others under the provisions of the Environment Protection Act, 1986.6. The petitioners raised the question before us that when a decision had been taken in 1990 to abandon … and also Vice-Chancellor of the University of Roorkee. He examined the matter and opined that 'the proposed dam section for the Tehri Project is safe from the point of view of seismicity of the region' and 'since

Narmada Bachao Andolan Vs. Union of India and Others

Court : Supreme Court of India

Subject : EnvironmentConstitution

Acts : Environment (Protection) Act, 1986 - Sections 3; Inter-State Water Disputes Act, 1956 - Sections 2, 4, 5(2) and 6; Land Acquisition Act, 1894; Forest (Conservation) Act, 1980; Ancient Monuments and Archaeological Sites and Remains Act, 1958; National Environmental Policy Act, 1969; Gujarat Panchayats Act, 1993 - Sections 98; Constitution of India - Articles 12, 21, 32 and 262; Endangered Species Act, 1973

Reported in : AIR2000SC3751; (2001)1GLR434; 2000(7)SCALE34; (2000)10SCC664; [2000]Supp4SCR94

of the powers conferred by Sub-section (1) and Clause (v) of Sub-section (2) of Section 3 of the Environment (Protection) Act, 1986 (29 of 1986) read with Clause (d) of Sub-rule (3) of Rule 5 of the Environment (Protection) Rules, … generating power should be kept to the un-avoidable minimum.11. The Master Plan recommended by the Khosla Committee envisaged 12 major projects to be taken up in Madhya Pradesh and one, viz., Navagam in Gujarat. As far as

Halar Utkarsh Samiti Through Prakash H. Doshi Vs. State of Gujarat Thr ...

Court : Gujarat

Subject : Environment

Acts : Constitution of India - Articles 14, 21, 41A, 48A, 51, 51A, 162, 226 and 311; Wild Life (Protection) Act, 1972 - Sections 2(1), 2(7), 2(8), 2(15), 2(17), 2(18), 2(21), 2(23), 2(24), 2 (25), 2(26), 2(27), 2(28), 2(29), 2(33), 2(36), 2(37), 2(38), 12, 17A, 17B, 18, 26A, 26A(2), 26A(3), 27, 27(4), 28, 29, 33, 35, 35(5), 37, 38, 38I and 39; Environment (Protection) Act, 1986 - Sections 3(1), 3(2), 3(2)(5), 5(3) and 24; Environment (Protection) Rules, 1986 - Rule 5(3); Forest (Conservation) Act, 1980; Wild Birds Protection Act, 1887; Wild Birds and Animals Protection Act, 1912; ;Wild Birds and Animals Protection (Amendment) Act, 1935; Constitution (Forty Second Amendment) Act, 1976; Wild Life (Protection) (Amendment) Act, 1982; Wild Life (Protection) (Amendment) Act, 1986; ;Wild Life

Reported in : (2001)2GLR964

would also be open in view of the impact of the orders that may be made under the Environment (Protection) Act, 1986 in view of their overriding effect contemplated by Section 24 of the Environment (Protection) Act. Thus, it cannot … which runs throughout the provisions of the said Act. According to the scheme of this Act : - Section 12 provides for the grant of permit for special purposes and accordingly it is lawful for the Chief Wild

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 … Fritsch, Environmental Ethics: Choices for Concerned Citizens 3-4 (1980)] : (1988) Vol. 12 Harv. Env. L. Rev. at 313).2. Four of these appeals which arise … On 7.4.1997, the company applied to the A.P. Pollution Control Board, seeking clearance to set-up the unit under section 25 of the Water Act. It may be noted that in the said application, the Company listed the

A.P. Pollution Control Board Ii Vs. Prof. M.V. Nayudu (Retd.) and ors.

Court : Supreme Court of India

Subject : EnvironmentConstitution

Acts : Constitution of India; Water Act

Reported in : 2000(3)SCALE354; [2000]Supp5SCR249

Control of Pollution) Act, 1981 and the Water (Prevention and Control of Pollution) Cess Act 1977 and the Environment (Protection) Act, 1986, directing that whenever any industry sought consent from the Pollution Control Boards, the said Boards, 'while processing the … of the Republic of South Africa and Ors. (Dt.27.6.1996) (1996) 9 BCLR 1221 (Tk); 1996 SACLR L 30 dealt with the right to healthy environment. … Industry proceeded further with construction of civil works and then applied to the appellant Board on 7.4.97 under Section 25 of the Water Act for permission to establish the factory. One of the bye-products mentioned in the

Dr. Anahita Pandole Vs. State of Maharashtra, Urban Development Depart ...

Court : Mumbai

Subject : CivilEnvironment

Acts : Mumbai Municipal Corporation Act, 1888 - Sections 3, 4, 39, 52, 117, 122, 312 to 313A, 314, 328, 328(3) and 328A; Motor Vehicles Act, 1988 - Sections 28, 39, 41, 41(4), 109(3), 110, 110(1), 110(3), 112, 206 and 207; ;Environment Protection Act, 1986; ;Maharashtra Urban Areas Tree Preservation Act, 1975 - Sections 8(4); Bombay Police Act - Sections 33 and 102; ;Finance Act, 1994 - Sections 65(105) and 67; ;Main Roads Act, 1930 - Sections 33B; ;National Highway Act; National Highway (Land and Traffic) Act; Maharashtra Motor Vehicle Rules - Rules 48, 62(2), 72(2), 160, 206, 207 and 208; Central Motor Vehicle Rules, 1989 - Rules 12(1), 92, 105 to 111, 123 to 125A and 126; ;Motor Vehicles (Prescription of Conditions for Exemption) Rules, 1991; Central Motor Vehicles Rules, 198

Reported in : 2008(4)ALLMR72; 2008(3)BomCR516; (2008)110BOMLR1555

and environment. For each of such fields, there are specific laws in terms of Motor Vehicles Act, 1988, Environment Protection Act, 1986 and constitutional protection available to the citizens of India under Article 21 of the Constitution of India having … truly apply the spirit of Article 21 with the aid of Article 12 and the court held as under:30. Before we part with this topic, … maximum limit up to which the Corporation can tax. Indeed, the State Legislature has now done so by Section 4 of Gujarat Act 8 of 1966. The Act does not confer on the Corporation such arbitrary and