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Sep 26 2005

T.N. Godavarman Thirumulpad Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : Sep-26-2005

Subject : Environment

Acts : Forest (Conservation) Act, 1980 - Sections 2; Environment (Protection) Act, 1986 - Sections 3, 3(2), 3(3), 4 and 5; Water (Prevention and Control of Pollution) Act, 1974; Air (Prevention and Control of Pollution) Act, 1981; Wild Life (Protection) Act, 1972 - Sections 18, 26A and 35; Comptroller and Auditor-General (Duties, Powers and Conditions of Service) Act, 1971 - Sections 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 and 20; Bombay Public Trust Act, 1950 - Sections 57, 58 and 66; Indian Forest Act, 1878 - Sections 11, 20, 23, 25, 29, 30, 35 and 39; Indian Forest Act, 1927; Constitution of India - Articles 14, 21, 48A, 51A, 110, 110(1), 195, 199, 199(1), 266, 266(1), 266(2), 283, 284, 294 and 295; Environmental Law

Reported in : AIR2005SC4256; (2005)6CompLJ158(SC); JT2005(8)SC588; (2006)1SCC1; [2006] 3 SCR 1024

to provide for conservation of forest and for matters connected therewith or ancillary or incidental thereto enacted the Forest (Conservation) Act, 1980 (for short, the 'FC Act'). It postulates that no State Government or other authority shall make, except with … purpose of exercising and performing such of the powers and functions, including the power to issue directions under Section 5, of the Central Government under the Act and for taking measures with respect to such of the matters

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Jan 27 2017

Exotic Granites Exports Vs. State of Telangana, represented by its Sec ...

Court : Andhra Pradesh

Decided on : Jan-27-2017

Subject : Land Acquisition

of this order and having regard to the reasons recorded supra, W.P.No.1234 of 2009 is dismissed. No costs. Forest (Conservation) Act, 1980 Section 2 Constitution of India, 1950 Article 14, Article 19(1)(g) Minor Mineral Concession Rules, 1966 Rule 12(5)(b) Mines and

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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 license

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Jun 11 2009

Sri Sathyamoorthy S/O. Perumal Vs. the Secretary to the Government of ...

Court : Karnataka

Decided on : Jun-11-2009

Subject : Commercial

Acts : Mines and Minerals (Development and Regulation) Act, 1957 - Sections 2, 4, 4(1), 4(2), 4(3), 5, 5(1), 5(2), 6, 10, 10(1), 11, 11(1), 11(2), 11(3), 11(4), 11(5), 13, 17, 17(2), 17(4), 17A, 18 and 23C; Forest (Conservation) Act, 1980 - Sections 2; Companies Act, 1956 - Sections 3(1) and 617; Mineral Concession Rules, 1960 - Rules 4A, 5, 7A(1), 7D(2), 10, 12, 15(1), 21(2), 22, 24A, 26, 31(1), 35, 40(2), 58, 59, 59(1) and 63A; Mineral Concession (Amendment) Rules; Civil Service Order, 1982; Constitution of India - Article 14

Reported in : 2009(6)KarLJ327

said observations. - MINES AND MINERALS (REGULATION AND DEVELOPMENT) ACT (67 OF 1957) Section 5 & 11(3) & Forest (Conservation) Act, 1980, Section 2 & Mineral Concession Rules, 1960, Rule 630-A: [P.D. Dinakaran, C.J.& V.G. Sabhahit,J] Restriction on grant of prospecting

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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 … approval of the State Government shall be obtained before passing any order under this Sub-section.Emphasis was laid on Sub-section (5) of Section 11 of the Act. Section 14 of the Act dealing with Sections 5 to 13 not

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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 … shown in the list of dates and events, why if they were forest no action was taken under Section 5 (to enter and take possession) for 30 long years after 30th August, 1975. On the contrary the State

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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 … Haryana and Alwar in Rajasthan shall be authorised by the respective State Governments to take necessary action under Section 5 of the said Act in respect of cases where the project proponents fail to implement the conditions.2. The

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Aug 18 2008

A. Chowgule and Co. Ltd. Vs. Goa Foundation and ors.

Court : Supreme Court of India

Decided on : Aug-18-2008

Subject : Environment

Acts : Companies Act; Forest Conservation Act, 1980 - Sections 2 and 3; Forest (Conservation) Rules, 1981 - Rules 2, 2A, 4, 4(1), 5 and 6

Reported in : 2008(6)ALLMR(SC)483; 2008(4)AWC3638(SC); JT2008(9)SC175; 2008(11)SCALE482; 2008AIRSCW5922; 2008(6)Supreme128

matter with the Central Government so as to secure the necessary approvals postulated under Section 2 of the Forest Conservation Act, 1980 (hereinafter called the 'Act') and as such it was unnecessary to proceed with the writ petition. The High … certiorari for quashing the Memorandum of Lease dated 1st November 1989 and for several other reliefs. Respondent No. 5 herein, the Conservator of Forests, Goa filed an affidavit before the High Court pointing out that the 12

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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 … therefrom shall be forwarded to the Revenue Officer referred to in Section 50 or Section 51, as the case may be, and such Revenue Officer

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Oct 30 2002

K.M. Chinnappa and T.N. Godavarman Thirumalpad Vs. Union of India (Uoi ...

Court : Supreme Court of India

Decided on : Oct-30-2002

Subject : Environment

Acts : Wildlife (Protection) Act, 1972 - Sections 3, 35(1), 35(4) and 35(5); Environment (Protection) Act, 1986 - Sections 3; Mineral Concession Rules, 1960 - Rules 24B and 29; Mines and Minerals (Regulation and Development) Act, 1957; Forest Conservation Act, 1980 - Sections 2; Karnataka Municipalities Act, 1964 - Sections 349; Constitution of India - Articles 1, 6, 7, 14, 21, 47, 48, 48A and 51A; ;Constitution of India (42nd Amendment) Act, 1976; Forest Conservation Rules, 1981 - Rules 4, 5 and 6

Reported in : AIR2003SC724; 2003(2)ALLMR(SC)389; 2003(51)BLJR324; [2003(1)JCR105(SC)]; JT2002(9)SC200

the land in question from being forestland is clearly untenable in view of the Section 2(ii) of the Forest(Conservation) Act, 1980 (in short the 'Conservation Act'). 14. The seminal issue involved is whether the approach should be 'dollarfriendly' … describing himself as trustee. Wildlife First. 2. The said I.A. 670 of 2001 is an offshoot of I.A. 548 filed by learnedAmicus Curiae questioning the correctness of orders issued by the States ofKarnataka and Uttar Pradesh respectively

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