Court : National Green Tribunal Principal Bench New Delhi
..... made, on or after the commencement of the national green tribunal act, 2010, refusing to grant environmental clearance for carrying out any activity or operation or process under the environmental (protection) act, 1986 (29 of 1986); (j) any determination of benefit sharing or order made, on or after the commencement of the national green tribunal act, 2010, by the national biodiversity authority or a state biodiversity board under the provisions of biological diversity act, 2002 (18 of 2003), may within a period of ..... shall not be permitted, the environmental fall out of this project, if at all any, can be duly mitigated, through balanced and nuanced measures, creating an enabling process to promote the environmentally sound development project that benefit local livelihoods and economy, than leaving the once fertile paddy lands fallow and abandoned causing more grave environmental problems. ..... a paddy land, which is not cultivable, cannot be left unutilized and would not ensure to benefit of either the state, the parties or the public and not at all advance the avowed objective of preserving the environment and maintaining ..... may be noted that it is the owners of the paddy fields (who apparently had no benefits out of the land) that sold it by their own for non- agricultural activities. 86 ..... fallow land by its ecosystem services would sustain a larger section of the people than the meager benefits of a few people for their comforts is only an unduly speculative and biased approach. .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... handed over to the mpfdc, the executive committee of such vss have to be converted into forest development committees and they are eligible for benefit sharing as per the existing rules and regulations of mpfdc. ..... the local communities in the forest management and has taken up the csr activities for the benefit of people, particularly those villagers who are mostly tribals residing in the vicinity of the transferred forest areas and also whether the working plan approved by the moef deals with the provisions of sharing benefits with the local communities who are organized into jfm committees / van samrakshan samiti (in short ..... india various state governments have issued orders / notifications on participatory approach of forest management and constitution of jfm committees in their respective states duly providing modalities on constitution of committees, duties and responsibilities, benefit sharing mechanism etc. ..... 2005 was issued by the state forest department on the mechanism of sharing the benefits with the jfm committees (placed at annexure r-4/14 of the reply). ..... guidelines further state that the benefits particularly with reference to the yield that is obtained by felling the existing coppice growth from the handed over forest areas, shall be shared with the vss which are converted ..... of any such operations not only leads to loss of revenue to the state exchequer but the local communities will also be deprived of their rightful share of benefits they would have otherwise earned. .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... but even then, the expected economic and environmental benefits need to be considered against the expected environmental damage apprehended by the applicant and that is where the need for deriving a balance arises. ..... the environment and ecology at large shall be benefited by construction of this road due to reduced pollution level in the city of pune. ..... ouster from land or deprivation of some benefit of different nature relatively would come within the compartment of smaller public interest or certain inconveniences. ..... these services or benefits would be adversely affected by any encroachment of the flood plains. .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... provided that where all the legal representatives of the deceased have not joined in any such application for compensation or relief or settlement of dispute, the application shall be made on behalf of, or, for the benefit of all the legal representatives of the deceased and the legal representatives who have not so joined shall be impleaded as respondents to the application: provided further that the person, the owner, the legal representative ..... project proponent is in consonance with the principles of sustainable development and precautionary measures; i) whether the environmental flows fixed by the authority is in accordance with the fixed standards or not; ii) whether the cost benefit analysis have been properly conducted while applying for grant of fc; iii) whether the impacts of deforestation on wildlife ecology and environment have been considered or not. ..... filed by other hydropower proponents and stated that following errors are made routinely: (1) future benefits are not discounted to present values; (2) gross revenues are shown as benefits; (3) environment costs are not calculated in money terms and not taken into account; (4) decline in generation due to recession of glaciers is not taken into account; and (5) long term viability ..... environmental impact assessment/environmental management plan, in september 2009, thdc organized a public hearing at which the findings of all the relevant studies and the associated mitigation measures were shared with project-affected people. .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... ; a letter or message containing information or news;; the successful conveying or sharing of ideas and feelings: there was a lack of communication between pamela and her parents. ..... ordinarily a litigant does not stand to benefit by lodging an appeal late. 2. ..... as already noticed, communication of the order has to be by putting it in the public domain for the benefit of the public at large. ..... the action of communicating is precisely sharing of knowledge by one with another of the thing communicated. ..... a litigant does not stand to benefit by resorting to delay. .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... ; a letter or message containing information or news;; the successful conveying or sharing of ideas and feelings: there was a lack of communication between pamela and her parents. ..... as already noticed, communication of the order has to be by putting it in the public domain for the benefit of the public at large. ..... the action of communicating is precisely sharing of knowledge by one with another of the thing communicated. .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... however, the common contention is that the applicants who have even moved applications for obtaining consent of the board are not entitled to derive any benefit under section 25(7) of the act inasmuch as there was inordinate delay in filing of applications, that too incomplete ones, and they have been causing ..... these provisions are read in conjunction, the scheme of the act becomes quite apparent that the legislature never intended to give any benefit to a person who has not complied with the statutory conditions or is a pollutant or offender under the provisions of the water ..... in view of the above discussion, we are of the considered view that the applicants are not entitled to the benefit or advantage of the deeming fiction of law contemplated under section 25(7) of the water act inter alia but specifically for the ..... the legislature behind enacting the water act is to prevent and control water pollution and restoring the wholesomeness of water for the benefit of the public at large and in the interest of environment. ..... thus, the argument advanced is that the benefit contemplated under section 25(7) supra accrues in favour of the applicants and they are entitled to operate the industry irrespective of the fact that they have not been granted consent to operate ..... cetp has adequate capacity to treat the additional waste water and the industries have primary treatment facility including ro facilities and consent of the board and they have paid their share in the cost of the cetp. .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... such inaction on the part of the appellant, despite the benefit of being granted interim stay, even reflects on the conduct of the appellant. ..... as far as the plea of discrimination is concerned, the appellant cannot drive any benefit even if the allegations were taken to be correct. ..... in the impugned order, the board had specifically noticed that during the hearing, all the reports on noise pollution as well as averments made in writ petition no.3802/2003 were shared with the owner of the unit. ..... 3802 of 2003 were shared with the owner of the unit. .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... , it does not do so in a cavilling spirit or in a confrontational mood or with a view to tilting at executive authority or seeking to usurp it, but its attempt is only to ensure observance of social and economic rescue programmes, legislative as well as executive, framed for the benefit of the have-nots and the handicapped and to protect them against violation of their basic human rights, which is also the constitutional obligation of the executive. ..... interest shared by citizens generally in affairs of local, state or national government.' 8. .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... it has also been held by the court that in the case of a social benefit oriented legislation like the consumer protection act, the provisions of the act have to be considered as broadly as possible in favour of the consumer in order to achieve the purpose of the enactment but without doing violence to the language. ..... in that sense, it is even a beneficial legislation as it is intended to provide benefits to the society by ensuring prevention and control of air pollution. ..... benefit of all and happiness of all. 21. .....
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