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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

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 … Rajendra Babu. J.WRIT PETITION NO. 295 OF 1992: 1. The present petition under Article 32 of the Constitution of India

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

Court : Patna

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 … has been passed in mechanical manner without applying the judicial mind. He submitted that under the provisions of Section 19 of the Act, the learned Sub-Divisional Judicial Magistrate was not empowered to take cognizance under the Act on

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 … that a 13 year old girl was a victim of rape (as reported in newspapers of January 3, 1998). Her cries for help sunk and went unheard due to blaring noise of music over loudspeaker in the

Bombay Environment Action Group and Sameer Mehta Vs. State of Maharash ...

Court : Mumbai

Subject : Environment

Acts : Societies Registration Act; Maharashtra Municipal Councils, Nagar Panchayat and Industrial Townships Act, 1965 - Sections 49(3), 195, 313 and 323(1); Water (Prevention and Control of Pollution) Act, 1974 - Sections 4, 17, 17(1), 24, 25 and 33A; Environment (Protection) Act, 1986 - Sections 3(1), 3(2), 3(3), 5, 19 and 23; Indian Forest Act, 1927; Forest Conservation Act, 1980; Wild Life (Protection) Act, 1972; Mahabaleshwar Municipal Council Act; Building Bye-laws and Development Control Rules; Municipal Solid Waste (Management and Handling Rules, 2000; Environment Protection Rules, 1986 - Rules 3(3A) and 5(3); Development Control Regulations - Regulations 3 and 64B; Constitution of India - Article 142

Reported in : 2007(2)ALLMR235; 2007(1)BomCR721

regulate the traffic and some such other powers. This Committee will have the power to file complaints under Section 19 of the Environment (Protection) Act, 1986. (ii) Para 4 of this notification further laid down that in exercise … to the Civil Application, i.e. Maharashtra Pollution Control Board to forthwith take steps in law, including under the Environment (Protection) Act, 1986, Water (Prevention & Control of Pollution) Act, 1974 and the Municipal Solid Waste (Management and Handling) Rules, 2000

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

B.K. Sharma Vs. Union of India (Uoi)

Court : Gujarat

Subject : CivilEnvironment

Acts : Constitution of India - Article 226; Environment (Protection) Act, 1986 - Sections 19; Environment (Protection) Rules, 1986 - Rules 3, 5(1), 5(3) and 32; Societies Registration Act, 1866 - Sections 3(1), 3(2), 3(2)(V), 5 and 6; National Environment Appellate Authority Act, 1997 - Sections 11; Water Act; Air Act

Reported in : AIR2005Guj203

by the Respondent No. 5, the State Government has already taken action against it by invoking powers Under Section 19 of the Environment (Protection) Act, 1986. Mr. Malkan has further submitted that once the public hearing is over … good quality of life that Parliament enacted the anti-pollution laws, namely, the Water Act, Air Act and the Environment (Protection) Act, 1986. These Acts and Rules framed and Notification issued thereunder contained provisions which prohibit and/or regulate certain activities with

Sneha Mandal Co-operative Housing Society Limited and Others Vs. the U ...

Court : Mumbai

Subject : Environment

Acts : Environment (Protection) Act, 1986 - Sections 3(1), 4, 5 and 19; Environmental Control Rules, 1986 - Rule 5(3); Constitution of India - Article 226; Air Craft Rules, 1937 - Rules 3(2), 11, 79, 86 and 134; Maharashtra Regional and Town Planning Act, 1966 - Sections 44; Air Craft Act, 1934 - Sections 2(2); International Airport Authority Act, 1971

Reported in : AIR2000Bom121; 2000(1)ALLMR659; 2000(1)BomCR395; (2000)1BOMLR13

of the Act etc. The said Notification also empowers Maharashtra Coastal Zone Management Authority to file complaints under section 19 of the Environment (Protection) Act, 1986. The Authority is required to ensure compliance of all conditions laid down … on Plot Nos. 146, 147 and 148 of Backbay Reclamation area is illegal as the same contravenes the Environment (Protection) Act, 1986 and the Notification dated 19th February 1991 issued thereunder (hereinafter referred to, for the sake of brevity, as

Burrabazar Fire Works Dealers Association and ors. Vs. the Commissione ...

Court : Kolkata

Subject : EnvironmentConstitution

Acts : Constitution of India - Articles 19(1) and 21; ;Environment (Protection) Act, 1986 - Section 2; ;Environment (Protection) Rules, 1986 - Rule 3

Reported in : AIR1998Cal121

for the quality of air' and definition of environment pollutants has been defined in Section 2(b) of the Environment (Protection) Act, 1986, which means' any solid, liquid or gaseous substance present in the atmosphere in such concentration as may be … Mal Golcha for addition of party respondents in the disposed of Writ Application in C.O. No. 4303(W) of 1995 with a prayer for stay of the operation of the Memo No. 1039 dated 28th October, 1996 as

D.S. Rana and ors. Etc. Vs. Ahmedabad Municipal Corpn. and ors., Etc.

Court : Gujarat

Subject : EnvironmentConstitution

Acts : Bombay Provincial Municipal Corporation Act, 1949 - Sections 376(1) and 376(5); Constitution of India - Articles 14, 19(1)(8), 162, 243 and 243W; Environment Protection Act, 1986 - Sections 7

Reported in : AIR2000Guj45; (2000)2GLR1036

1949, Articles 14, 19 (1) (g), 162, 243 and 243W of Constitution of India and Section 7 of Environment Protection Act, 1986 - whether local authority acted arbitrarily or ultra vires its powers in imposing policy condition that particular trade

Subhash Shirodkar and Others Vs. State of Goa Through Public Prosecuto ...

Court : Mumbai Goa

Subject : Education

the Court of Judicial Magistrate, First Class at Ponda against the petitioners for offences under Section 5 of Environment (Protection) Act, 1986 (the Act, for short) read with Rules 5 and 6 of Bio-Medical Waste (Management and Handling) Rules, 1998 … that in the present case, the Medical Superintendent is the occupier. He further submitted that in terms of Section 19 of the Act, the learned J.M.F.C. could not have taken cognizance of the complaint. Learned Senior Counsel further