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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

Guidelines of MEF issued from time to time.(c) Detailed Feasibility Report.(d) Proposal for diversion of forest land under Forest (Conservation) Act, 1980 including benefit cost analysis.13. Recommendations of the State Pollution Control Board and/or the State Department of Environment and … constituted by the Government of India 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

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Sep 12 1995

V. Satyam Reddy and Others Vs. the Union of India, and Others

Court : Andhra Pradesh

Decided on : Sep-12-1995

Subject : ConstitutionProperty

Acts : Constitution of India - Article 226; Mines and Minerals (Regulation and Development) Act, 1957 - Sections 4 and 4 (1); Andhra Pradesh Minor Mineral Concession Rules, 1966 - Rule 12; Forest (Conservation) Act, 1980 - Sections 2 and 3A and B; Andhra Pradesh Forest Act, 1967; Mineral Concession Rules, 1960; Companies Act, 1956 - Sections 617

Reported in : AIR1996AP175

forest areas and also to fix up the responsibility on the concerned persons who violated the provisions of Forest (Conservation) Act, 1980, to order for prosecution of the persons for the alleged violation of the provisions of Forest (Conservation) Act, … of the persons for the alleged violation of the provisions of Forest (Conservation) Act, 1980 in accordance with Section 3A of the said Act and further to direct the third respondent herein i.e., the Government of Andhra … respondent, the Principal Chief Conservator of Forests', Andhra Pradesh, Hyderabad, to the 11th respondent herein, namely Sri Yerri Naidu (Military Naidu), M.L.A., Chodava-ram, to carry

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Feb 18 2008

National Mineral Developmnet Corporation Vs. Government of India and o ...

Court : Delhi

Decided on : Feb-18-2008

Subject : CommercialEnvironment

Acts : Mines and Mineral (Development and Regulation) Act, 1957 - Sections 4, 5, 5(1), 10, 11(2), 11(5) and 18; Mines and Mineral (Development and Regulation) (Amendment) Act, 1987; Mines and Mineral (Development and Regulation) (Amendment) Act, 1994; Forest Conservation Act, 1980 - Sections 2 and 3; Forest (Conservation) Ordinance, 1980; Forest Conservation (Amendment) Act, 1988; Right to Information Act (RTI), 2005; Mineral Concession Rules, 1960 - Rules 9, 11, 14, 14(3), 15, 15(2), 24B and 54; Forest (Conservation) Rule 2003 - Rules 2, 6, 6(1), 6(3) 7, 8 and 24; Forest Conservation Rules, 1981 - Rules 4, 5 and 6; Constitution of India - Articles 14 and 226

Reported in : 2008(101)DRJ339

up a Steel Plant in Chattisgarh and also directed the state to comply with the provisions of the Forest Conservation Act, 1980 (hereafter referred to as the 'Forest act'). The relevant portions of the letter dated 14th February 2007 is … challenges the validity of the approval of the Union Government (hereafter 'the Union'), Ministry of Mines, given under Section 5(1) of Mines and Mineral (Development and Regulation) Act, 1957 (hereinafter the 'MMDR Act'), for granting a prospecting

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Apr 11 1997

M/S. Gateway Hotels and Gateway Resorts Limited, Bangalore Vs. Nagarah ...

Court : Karnataka

Decided on : Apr-11-1997

Subject : EnvironmentConstitution

Acts : Wildlife (Protection) Act, 1972 - Sections 11, 12, 18, 19, 26-A, 27, 28, 30, 31, 32, 33, 33-A, 34, 35, 50 and 58; Forest (Conservation) Act, 1980 - Sections 2; Constitution of India - Articles 14, 21, 48-A, 51-A, 141, 226 and 300-A; Wild Birds and Animals Protection Act, 1912; Wildlife (Protection) (Amendment) Act, 1982; Companies Act, 1956; Indian Arbitration Act, 1940; Forest (Conservation) Amendment Act, 1988

Reported in : 1999(5)KarLJ63

the respondents alleged the violation of The Wildlife (Protection) Act, 1972, hereinafter called the 'Wildlife Act' and the Forest (Conservation) Act, 1980, hereinafter called as the 'Forest Act', and filed the writ petition challenging the validity of various Government Orders … the ecology, the respondents alleged the violation of The Wildlife (Protection) Act, 1972, hereinafter called the 'Wildlife Act' and the Forest (Conservation) Act, 1980, hereinafter … to have not taken prior approval of the Central Government before venturing on the project as required under Section 2 of the Forest Act. It was submitted that under Section 35 of the Wildlife Act, a National

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Mar 26 2008

Exotic Granite Exports Rep. by Its Managing Partner Sri. K. Ramachandr ...

Court : Andhra Pradesh

Decided on : Mar-26-2008

Subject : Commercial

Acts : Forest (Conservation) Act, 1980 - Sections 2, 3, 4, 4(1), 5 to 13, 15, 17, 17A(1) and 17A(2); Coal Mine Act; Andhra Pradesh Mines and Minerals (Development and Regulation) Act, 1957 - Sections 2, 5, 11, 11(1) and 11(5); Right to Information Act (RTI), 2005; Constitution (Seventh Amendment) Act, 1956; Andhra Pradesh Minor Mineral Concession Rules, 1966 - Rule 12 and 12(5); Forest (Conservation) Rules 2003 - Rules 6, 6(1), 7, 11, 28, 59(1) and 61(6); Writ Proceedings Rules, 1977 - Rule 15; Mineral Concession Rules, 1949 - Rules 13 and 17; Constitution of India - Articles 14, 19(1), 73, 154, 162, 226, 297 and 298

Reported in : 2009(5)ALT200

to the Divisional Forest Officer, Warangal South, Warangal to process the said application under Section 2 of the Forest (Conservation) Act, 1980. By and under the same proceedings, the Assistant Director requested the Divisional Forest Officer to depute the concerned … respondents.2. The writ petitioner M/s.Exotic Granite Exports, filed the present Writ Petition praying for quashing the proceedings of 1st respondent in Memo No. 1220/M.II(1)/07, dated 16-3-2007 (P1) by issuing an appropriate writ, order or direction, more particularly

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Apr 29 1997

Gatlameedi Pothanna and Others Vs. Divisional Forest Officer, Nirmal, ...

Court : Andhra Pradesh

Decided on : Apr-29-1997

Subject : Miscellaneous

Acts : Andhra Pradesh Forest Act, 1967 - Sections 28(A, B, D, E and G); Andhra Pradesh Preservation of Private Forest Rules, 1978 - Rule 8(1); Constitution of India - Articles 51-A and 226; Forest Conservation Act, 1980 - Sections 2 and 21; Andhra Pradesh Produce Transit Rules, 1970; Limitation Act, 1963 - Sections 17(1); Indian Contract Act, 1872 - Sections 72

Reported in : 1998(3)ALD716; 1998(3)ALT660

Govardhan Thirumulkpad v. Union of India, AIR 1997 SC 1228, has ruled that the word 'forest' found under Forest Conservation Act, 1980 should be understood in its dictionary meaning. The Hon'ble Supreme Court observed as under:'The word 'forest' must be … case. The title of the chapter itself is 'Preservation of Private Forests'. For the purpose of this chapter Section 28-A(a) defines the 'Forest' as under:''Forest' includes waste or communal land containing tree growth and shrubs, pasture land … the proceedings of the Divisional Forest Officer, Nirmal in No.B/ 853/91, dated 11-10-1991. When the petitioners applied for permission for felling the trees, existing in

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Jan 29 1998

Ramesh Jethalal Thakkar Vs. the Union of India, Through the Under Secr ...

Court : Mumbai

Decided on : Jan-29-1998

Subject : Commercial

Acts : Mines and Minerals (Regulation and Development) Act, 1957 - Sections 4(2); Mines and Minerals (Regulation and Development) Rules, 1987 - Rules 24(1) and 54; Forest (Conservation) Act, 1980 - Sections 2

Reported in : 1998(4)ALLMR227; 1998(2)BomCR554

hurdle in the way of the petitioner now and it is in the form of provisions of the Forest (Conservation) Act, 1980, section 2. Starting with non obstante clause, the section provides that no State Government or any authority thereof except … ORDERN.J. Pandya, J. 1. The petitioner has filed the petition for getting Mining Concession within the State of Goa in respect of

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Oct 14 2004

Sri Ram Saha Vs. State of West Bengal and ors.

Court : Supreme Court of India

Decided on : Oct-14-2004

Subject : PropertyCivil

Acts : West Bengal Land Reforms Act, 1955 - Sections 4A, 4A(1), 4A(2), 4(3) 4B, 4C, 4C(1), 4C(2), 4C(5) 50 and 51; Forest Conservation Act, 1980 - Sections 2

Reported in : AIR2004SC5080; (SCSuppl)2005(1)CHN152; JT2004(9)SC136; 2004(8)SCALE800; (2004)11SCC497

This Court in T.N. Godavarman Thirumulkpad (supra) was dealing with forests having regard to the provisions of the Forest Conservation Act, 1980 (for short 'the Conservation Act') and to the environmental and ecological aspects of the matter, considering the possible … J.1. The short question that arises for consideration in this appeal is whether any permission is required under Sections 4B read with Section 4C of the West Bengal Land Reforms Act, 1955 (for short 'the Act') by

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Mar 24 2008

Oberoi Constructions Private Limited a Company Registered Under the Co ...

Court : Mumbai

Decided on : Mar-24-2008

Subject : Environment

Acts : Aircrafts Act; Bombay Municipal Corporation Act 1888 - Sections 354A; Bombay Town Planning Act, 1954 - Sections 3(1), 4(1), 9 and 10(1); Cantonment Act, 1910; Code of Civil Procedure (CPC) - Order 5; Constitution (42nd Amendment) Act, 1976 - Sections 57; Constitution of India - Articles 14, 21, 48A, 51A, 141, 226, 227, 245, 246, 246(1), 300A and 372(1); Development Control Regulations, 1991;Evidence Act - Sections 114; Forest Act, 1865 - Sections 34A and 38; Forest Act, 1878; Forest Conservation Act, 1980; Government of India Act 1935; Greater Bombay Laws and the Bombay High Court (Declaration of Limits) Act, 1945; Indian Forest Act, 1927 - Sections 1, 2, 2A, 3 to 26, 34., 34A, 35, 35(1), 35(3), 35(4), 36, 36A, 36B, 36C, 37 and 38; Land Acquisition Act, 1894 - Sections 11A; Limitat

Reported in : 2008(3)ALLMR546; 2008(3)BomCR408; (2008)110BOMLR951

Act as they are 'private forests'. The petitioners were, therefore, called upon to obtain necessary permissions under the Forest Conservation Act, 1980 from the Central Government for works other than the forests on these lands.19. It is the case of … a decision. He submitted that the very opening words of Section 35(3) 'no notification shall be made under Sub-section (1)...until after the issue of a notice to the owner of such forest' shows the close interconnection between Section

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Jun 25 2002

Nature Lovers Movement Vs. State of Kerala

Court : Kerala

Decided on : Jun-25-2002

Subject : PropertyCivil

Acts : Kerala Private Forests (Vesting and Assignment) Act, 1971 - Sections 3, 3(1), 3(2), 3(2), 7 and 10; Forest (Conservation) Act, 1980 - Sections 2; Constitution of India - Article 254(1)

Reported in : AIR2003Ker18

this Writ Petition under Article 226 of the Constitution is that, after the coming into force of the Forest (Conservation) Act, 1980 (Central Act 69 of 1980), no forest land anywhere in the State could be assigned or otherwise dealt … is that, after the coming into force of the Forest (Conservation) Act, 1980 (Central Act 69 of 1980), no forest land anywhere in the State … Act 69 of 1980), hereinafter referred to as 'the Central Act, 1980', came into effect from 27th December, 1980. Section 2 of this Act provides as under:'2. Restriction on the dereservation of forests or use of forest land

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