Court : National Green Tribunal Principal Bench New Delhi
..... the indian rhino, elephant and wide species of flora and fauna available in the kaziranga national park. he has approached this tribunal invoking jurisdiction under section 14(1) of the national green tribunal act, 2010, inter-alia, praying for appropriate directions to the authorities to safe guard kaziranga and its ecology. according to the ..... has advanced to such a stage where the level of pollution can be reduced considerably. this tribunal is required to decide the controversies applying section 20 of the national green tribunal act, 2010 which casts onerous duty upon this tribunal to consider, if any, precautionary measures can be adopted for eradication of pollution applying the principle ..... vacate and further direct the defaulting units to restore the environment that has been damaged due to their overt and illegal act, to its original position. 7. after receiving notice from this tribunal, a reply has been filed on behalf of moef (r-1) admitting the fact that in the year 1996 a .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... locus standi to challenge the present order. secondly, the prayers raised in the appeal cannot be brought under the jurisdiction of this tribunal as per section 16 of the national green tribunal act. 94. the impugned ec has been issued by government of india after analyzing the pros and cons of the project. the eia ..... the neaa act, 1997, the ngt act, 2010 came into force. speaking of the appellate jurisdiction, section 16 of the ngtact, 2010 reads as follows: 16. tribunal to have appellate jurisdiction:- any person aggrieved by.- (a) **** (b) **** (c) **** (d) **** (e) **** (f) **** (g) **** (h) an order made, on or after the commencement of the national green tribunal act, 2010, ..... are not maintainable before the tribunal for lack of jurisdiction has to be rejected as devoid of merits. vi) equally so is the other contention that the appellants cannot maintain the appeals since none of the appeals is preferred by a person aggrieved. the ngt act, 2010 came into force by the repealing the .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... appreciation for the assistance rendered by the learned counsel appearing for the parties, particularly the advocate general of himachal pradesh, who had assured the tribunal that the government was very keen to protect the environment and ecology of this eco-sensitive area and was quite willing to take various effective ..... proportionality could be applied as facets of the said balanced approach. irretrievable damage to the environment is not acceptable. the legislative intent behind the act of 1986 evidently demonstrates this principle. it is a general legislation for environmental protection, as there were uncovered gaps in areas of major ..... ambit, the protection and preservation of environment, ecological balance free from pollution of air and water, sanitation, without which life cannot be enjoyed. any contra acts or actions would cause environmental pollution. environmental, ecological, air, water pollution, etc. should be regarded as amounting to violation of article 21. therefore, .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... further to implement provisions of the municipal solid wastes (management and handling) rules, 2000 (in short msw rules). the writ petition has been transferred to this tribunal in keeping with directions of the apex court in wp (c) no. 50/1998 titled as bhopal gas peedith mahila udyog sangathan and ors. vs union ..... if responsible bodies are responsive to duties. cappilletti holds good for indian when he observes. 21. the provisions of section 154 and 168 of the punjab municipality act, 1911 also indicate legal obligation cast on the municipality/municipal committee. section 154 reads as follows: section 154. removal and deposit of offensive matters. the ..... relocation of hada rori . the respondents have failed to implement municipal solid wastes (management and handling) rules, 2000 and discharge their duties under the punjab municipal act, 1911. 24. so also, the respondents have failed to ensure that fundamental right available to the citizens of the township in the matter of protection of .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... contend that he has the right to carry on the business of stone crushing, free of restrictions and limitations. restrictions may be imposed by law that is in force or which may be enacted by the state in the interest of general public. the restrictions, inter alia, and in particular relate to technical qualifications of carrying on ..... , 2011, the applicant has challenged the correctness and legality of these orders, inter alia, but primarily on the following grounds: (a) the guidelines do not have the force of law and are, therefore, incapable of being made the basis for declining the consent by the board, which exercises its powers in terms of section 21 of the ..... as inclusive of what ought to have been spelt out by the framers of the guidelines. the tribunal shall have to supply the gaps which are necessary for attaining the object and purpose not only of the guidelines but the air act itself. hence, reading into such institutions where effective human activity is carried on in its normal .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... department. we have also gone through the various orders and directions issued by the honble high court, bombay, nagpur bench. this bench of the national green tribunal has already delivered a judgment in one of the similar application no.135/13 (wz). 17. since 1996, the honble supreme court of india has ..... issues concerning forest and wildlife conservation, the central empowered committee (cec) was set up as an authority under section 3 (3) of the environment (protection) act, 1986 to adjudicate on forest and wildlife related issues. despite its wide impact and implication on forest management and governance most environment, human rights and activists ..... measures for the sound forest management activities. the applicant further submits that the state government is collecting funds under section 6 of the maharashtra forest department act 1983. inspite of collection of such funds, there is no proper utilization thereof for protection of the forests. 5. the applicant further submits that the .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... and registration of u.k. v. spackman lord wright observed that it was not desirable to attempt to force it into any procrustean bed? and mentioned that one essential requirement was that the tribunal should be impartial and have no personal interest in the controversy, and further that it should give a ..... ambit, the protection and preservation of environment, ecological balance free from pollution of air and water, sanitation, without which life cannot be enjoyed. any contra acts or actions would cause environmental pollution. environmental, ecological, air, water pollution, etc. should be regarded as amounting to violation of article 21. therefore, hygienic ..... environment. environment is a term of wide connotation and takes in its ambit everything relating to nature. the definition of environment in the environmental (protection) act of 1986 has been very widely defined and substantiates such approach. 73. in the present case, applicant-industries are causing serious pollution in the stream .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... (chairperson) 1. the national green tribunal act, 2010 (for short the ngt act ) came into force on 18th october, 2010. as per the act, under section 16(g) any direction issued on or after commencement of the act under section 5 of the environment (protection) act, 1986 (for short the act ) is appealable before this tribunal. the appeal can be filed by ..... not on any definite finding which could form basis for passing of such a prohibitory order like the impugned order. 29. an administrative authority and tribunal are obliged to give reasons and absence whereof could render the order liable to judicial chastise. the order passed by the authority should give reasons for ..... for examining fair opportunity and proper application of mind by the authority concerned. 23. in the present case, as it appears from the record before this tribunal, there were three main allegations against the appellant. a. the mud bunds constructed by the appellant were illegal and likely to cause damage to the mangrove .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... education and registration of u.k. v. spackman lord wright observed that it was not desirable to attempt to force it into any procrustean bed and mentioned that one essential requirement was that the tribunal should be impartial and have no personal interest in the controversy, and further that it should give a full and ..... the action under review. this court with approval stated: 11. the orderly functioning of the process of review requires that the grounds upon which the administrative agency acted be clearly disclosed and adequately sustained. 12. in exercise of the power of judicial review, the concept of reasoned orders/actions has been enforced equally by ..... while exercising its power in terms of the notifications of 1991 and/or 2011: (1) it must serve a notice to show cause, containing comprehensively all the acts/omissions/commissions which the affected party has committed, rendering it liable for any action in terms of the notification. (2) the affected party should submit its .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... not required to take environmental clearance for municipal solid waste project under eia notification of 2006. the validity and correctness of this letter was challenged before this tribunal in application no. 86/2013, a petition filed by rayons-enlighting humanity, a society, in application no. 99/2013 by the invertis university (the same ..... the hon'ble supreme court of india has already stayed operation of the directions contained in para 49 of the judgment dated 18th july, 2013 of the tribunal, and the matter is subjudice before that court, in these applications before us we, would not deal with any contention or matter that directly or indirectly ..... authorization as provided under the msw rules and as they have not obtained the consent under air (prevention and control of pollution) act, 1981 and water (prevention and control of pollution) act, 1974, they cannot legally continue to operate the plant without obtaining the authorization and consent. it was also contended that the leachates .....
Tag this Judgment!