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Mar 18 2004

M.C. Mehta Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : Mar-18-2004

Subject : Environment

Acts : Environment (Protection) Act, 1986 - Sections 3, 3(1), 3(2), 3(3) and 23; National Capital Region Planning Board Act, 1985 - Sections 2; Punjab Land Preservation Act, 1900 - Sections 4 and 5; Environment (Protection) Rules, 1986 - Rules 5, 5(3), 5(4) and 6(3); Forest (Conservation) Act, 1980 - Sections 2; Town and Country Planning Act; National Environment Appellate Authority Act, 1997; Constitution of India - Articles 21, 47, 48A and 51A; Mines and Minerals (Regulation and Development) Rules; Mines and Minerals (Regulation and Development) Act, 1957 - Sections 13 and 18; Mineral Concession Rules, 1960 - Rules 4A, 22(4), 22(4A) and 22(5); Air (Prevention and Control of Pollution) Act, 1981; The Water (Prevention and Control of Pollution) Act, 1974; Mineral Conservation and Dev

Reported in : AIR2004SC4016; 2005(5)ALLMR(SC)353; (2004)3CompLJ199(SC); JT2004(4)SC181; 2004(3)SCALE396; (2004)12SCC118

under notification dated 29th January, 1998 issued in exercise of power under Section 3(1) & (3) of the Environment (Protection) Act, 1986 (for short, 'the EP Act') Mr. Bhure Lal was appointed its Chairman. The EPCA was constituted with a … by way of reimbursement of the cost of rehabilitation or otherwise) by the person holding the mining lease. Section 18, inter alia, casts a duty upon the Central Government to take all such steps as may be necessary

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Nov 20 2007

indu Shekher Singh and ors. Vs. State of Bihar and anr.

Court : Patna

Decided on : Nov-20-2007

Subject : Environment

Acts : Indian Penal Code (IPC) - Sections 116, 166, 167 and 420; Environment (Protection) Act, 1986 - Sections 4, 15, 18 and 19; Code of Criminal Procedure (CrPC) - Sections 192

offence under Sections 116, 420, 166 and 167 of the Indian Penal Code and Section 15 of the Environment (Protection) Act, 1986 (in short, 'the Act') and summoned the petitioners for facing trial for the abovesaid offences.2. The brief facts … establishes beyond doubt that the officers appointed under the Act are the officers appointed by the Central Government. Section 18 of the Act lays down that no suit, prosecution or other legal proceeding shall lie against the officers

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Mar 29 2006

Akhil Bharat Gosewa Sangh Vs. State of A.P. and ors.

Court : Supreme Court of India

Decided on : Mar-29-2006

Subject : Environment

Acts : Water (Prevention and Control of Pollution) Act, 1974 - Sections 2, 4(2), 11, 16, 17, 20, 25, 25(3), 26 and 26A; Andhra Pradesh Prohibition of Cow Slaughter and Animal Preservation Act, 1977 - Sections 5, 6, 6(1) and 6(2); Industries (Development and Regulation) Act, 1951 - Sections 11, 11(1) and 11(2); Andhra Pradesh Grain Panchayat Act, 1964 - Sections 131(3); Air (Prevention and Control of Pollution) Act, 1981; Environment (Protection) Act, 1986 - Rule 3; Prevention of Cruelty to Animals Act, 1960; Andhra Pradesh Animal Preservation Act; Bombay Animal Preservation (Gujarat Amendment) Act, 1994; Mysore Prevention of Cow Slaughter and Cattle Preservation Act, 1964 - Sections 4, 5, 8 to 11 and 18; States Reorganization Act, 1956; Mysore Prevention of Cows Slaughter Act, 1948; Cri

Reported in : 2006(3)ALD82(SC); JT2006(4)SC482; 2006(3)SCALE617; (2006)4SCC162; MANU/SC/1795/2006

(Prevention and Control of Pollution) Act. 1974. the Air (Prevention and Control of Pollution) Act. 1981 and the Environment (Protection) Act, 1986 and the rules made thereunder, the likely effect of the setting up of the mechanized slaughter house at … incapacitated for breeding, draught or milch purposes due to injuries, deformities or any other cause. (Section 5)79. Under Section 18 of the 1964 Act the State Government has the authority to establish or direct establishment of institutions to

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Jul 30 2001

Dr. T. Patanjali Sastry, President, Environment Centre Vs. Chairman, A ...

Court : Andhra Pradesh

Decided on : Jul-30-2001

Subject : Environment

Acts : Wild Life (Protection) Act, 1972 - Sections 2(1), 2(15), 2(16), 2(17), 2(26), 2(37), 3, 4, 6, 8, 9, 11, 12, 15, 18, 19, 20, 21, 22, 24, 25, 26A, 27 to 34, 36, 51 and 66(3); Environment Protection Act, 1986 - Sections 2, 7 and 8; Water (Prevention and Control of Pollution) Act, 1974 - Sections 2 and 25; Wild Birds and Animals Protection Act, 1912 - Sections 2 and 3; Constitution of India - Articles 14, 19, 21, 48A, 49, 51A, 249, 250 and 300A

Reported in : 2001(5)ALT315

compassion for living creatures.10. In the light of the above Constitutional provisions and the environmental laws such as Environment Protection Act, 1986, the Water (Prevention and Control of Pollution) Act, 1974, and the Wild Life (Protection) Act, 1972, the various … caused by several industries and the municipal corporations.23. The grievance of the petitioners is that though notification under Section 18 of the Act was issued, proclamation has not been given in accordance with law and no individual notices

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Mar 19 2001

Sayeed Maqsood Ali Vs. State of M.P. and Others

Court : Madhya Pradesh

Decided on : Mar-19-2001

Subject : Environment

Acts : Environment (Protection) Act, 1986 - Sections 25; Environment (Protection) Rules, 1986 - Rule 5; Noise Pollution (Regulation and Control) Rules, 2000 - Rules 4, 5, 6 and 8; Madhya Pradesh Noise Control Act, 1985 - Sections 2, 3, 4, 5, 6, 8 and 18; Constitution of India - Articles 19(1), 21, 25, 26, 226 and 227; Police Act, 1861 - Sections 30; Madras Town Nuisance Act, 1889

Reported in : AIR2001MP220; 2001(3)MPHT459; 2001(2)MPLJ605

declare silence zones.8. At this juncture it is apposite to state that the Central Government has enacted the Environment (Protection) Act, 1986 to provide for the protection of improvement of environment and matters connected therewith. Section 3 of the Act … heavy reliance on the order passed by the Collector to show that appropriate steps have been taken under Section 18 of the M.P. Noise Pollution Act and the orders are passed in consonance with the provisions occupying the

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May 08 2009

M.C. Mehta Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : May-08-2009

Subject : EnvironmentCommercial

Acts : Environment (Protection) Act, 1986 - Sections 3, 3(2), 4A and 23; Forest (Conservation) Act, 1980 - Sections 2; Wild Life (Protection) Act, 1972 - Sections 18 and 35; Water (Prevention and Control of Pollution) Act, 1974; Air (Prevention and Control of Pollution) Act, 1981; Mines and Minerals (Development and Regulation) Act, 1957 - Sections 13(2) and 18; Mineral Concession Rules, 1960 - Rules 6, 22(5) and 27(1); Mineral Conservation and Development Rules, 1988 - Rules 34 and 37; Forest (Conservation) Act, 1980 - Sections 2; Punjab Land Preservation Act, 1900 - Sections 4 and 5; Constitution of India - Articles 21, 48A, 51A and 142

Reported in : JT2009(6)SC434; 2009(7)SCALE650; (2009)6SCC142; 2009(6)LC2626(SC)

It is important to note that by Notification dated 7.5.1992 issued by MoEF under Section 3(2)(v) of the Environment (Protection) Act, 1986 ('EP Act' for short), as amended, all new mining operations including renewal leases stood banned. The Notification further … framed for rehabilitation of flora and other vegetation destroyed by reason of any prospecting or mining operations. Under Section 18 of the 1957 Act, Rules have been framed for conservation and systematic development of minerals in India and

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Jan 19 2004

Essar Oil Ltd. Vs. Halar Utkarsh Samiti and ors.

Court : Supreme Court of India

Decided on : Jan-19-2004

Subject : Environment

Acts : Wild Life (Protection) Act, 1972 - Sections 2, 2(26), 2(37), 4, 4(2), 18, 21 to 24, 24(2)(1), 26A, 26A(3), 27, 28, 29, 30, 33, 35, 35(4), 35(5), 35(6) and 35(7); Forest (Conservation) Act, 1980 - Sections 2; Environment (Protection) Act, 1986 - Sections 3(1) and 3(2); Forest (Conservation) Rules, 1981 - Rules 4, 4(1), 4(2) and 6; Environment (Protection) Rules, 1986 - Rule 5; Constitution of India - Articles 21, 48A and 51A; Oil and Gas (Enterprise) Act, 1982; Petroleum and Sub-Marine Pipelines Act, 1975; Pipelines Act, 162

Reported in : AIR2004SC1834; (2004)2GLR1027; JT2004(2)SC210; 2004(1)SCALE584; (2004)2SCC392; 2004(1)LC689(SC); [2004] 1 SCR 808

provisions of three statutes namely, the Wild Life (Protection) Act, 1972, the Forest (Conservation) Act, 1980 and the Environment (Protection) Act, 1986. Chronologically, the Wild Life (Protection) Act, 1972 (referred to hereafter as the WPA) is the earliest statute. It … animal, bees, butterflies, crustacea, fish and moths; and aquatic or land vegetation which form part of any habitat';7. Section 18 empowers the State Government to notify its intention to constitute any area other than an area comprised within

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Jul 23 2007

Jaswant Singh and ors. Vs. the State of Haryana and ors.

Court : Punjab and Haryana

Decided on : Jul-23-2007

Subject : Property

Reported in : (2008)149PLR389

is that prior clearance from the Central Government was not taken in accordance with the provisions of the Environment Protection Act, 1986. Specific reliance has been placed on notification dated 27.1.1994 in support of this assertion to say that prior … rejection of scheme or the particulars of the scheme approved or modified by him under Sub-section (2) of Section 18 in the prescribed manner and call upon the shareholders to implement it at their own cost within the

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Jul 11 2013

Patkar Ms. Medha and Others Vs. Ministry of Environment and Forests, U ...

Court : National Green Tribunal Principal Bench New Delhi

Decided on : Jul-11-2013

Subject : Land Acquisition

dated 16th October, 2012, yet the project proponent has been continuously violating the provisions of 2006 notification, the Environment (Protection) Act, 1986 as well as other relevant Acts, as enumerated in the schedule to the NGT Act. The MoEF is … in development planning for nearly 30 years. They also claim to be persons eligible within the meaning of Section 18(2)(e) of the National Green Tribunal Act, 2010 (for short the “NGT Act”) and have preferred the present

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Jul 13 2000

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

Court : Gujarat

Decided on : Jul-13-2000

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 … by the Central Government in this regard. - Chapter IV deals with sanctuaries, national parks and closed areas. Section 18 provides for declaration of sanctuary and under this provision, the State Government may, by notification, declare its intention

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