Judgment Search Results Home > Cases Phrase: biological diversity act 2002 Page 8 of about 10,665 results (0.066 seconds)

The Goa Foundation and Another Vs. The North Goa Planning and Developm ...

Court : Mumbai Goa

..... and reasons proceeded on footing that the said act of 1986 shows growing concern of the central government about the decline in the environmental quality as evidenced by increase in the pollution, loss of vegetal coverage and biological diversity and excessive concentration of chemicals in the atmosphere ..... at the said meeting, the effect of the notification of the government of india concerning the coastal area classification and development regulations framed under section 3(1) and 3(2) of the environment protection act and rules 5(3) of environment (protection) rules, 1986 was also considered and it was deliberate to follow the set back line of 10 metres along the river and creeks. ..... was challenged before the apex court in special leave petition and thereafter on 04.02.2002 at the request of the learned counsel, the above writ petition was adjourned sine ..... it is further the contention of the petitioners that on 19.02.1991, crz notification was issued under the environment protection act, 1986 whereby the areas within 500 metres of the high tide line on the sea coast and within 100 metres from the banks of the tidal rivers were declared as ..... the functionaries and officers of kolkata municipal corporation (for short, the corporation ) have been extremely vigilant and taken steps for enforcing the provisions of the kolkata municipal corporation act, 1980 (for short, the 1980 act ) and the rules framed thereunder for demolition of illegal construction raised by respondent no.7. .....

Bikash Roy and ors. Vs. State of Assam and ors.

Court : Guwahati

..... and for the necessity of conserving the biological diversity and for preserving the water quality etc.7. ..... respondents therein to complete the acquisition proceeding of the land measuring 60 bighas 7 lechas including the water tank, under the provisions of the assam state acquisition of lands belonging to religious or charitable institutions of public nature act, 1959 (in short, 'the 1959 act') and also for settlement of the land under the possession of the writ petitioners in the said writ petition in terms of the government policy as well as the provision contained in section 15 of the said ..... to the satra in the district of kamrup including the land measuring 60 bighas 7 lechas in fatashil area in guwahati city and for settlement of the same in terms of the government policy and the provision of section 15 of the 1959 act, contending that about 280 families including the petitioners are occupying the said land as tenants under the satra and though the draft statement prepared and published under section 20(2) of 1959 ..... prt.188/95/104 dated 04.2.2002 and reminders thereof.sir,in inviting a reference to the subject quoted above, i am directed to say that the matter of acquisition of land of auniati satra under the assam state acquisition of lands belonging to religious or charitable institutions of public nature act, 1959 (as amended) (hereafter referred to as the act) is pending for a long time. .....

Bombay Environmental Action Group and Another Vs. State of Maharashtra ...

Court : Mumbai

Reported in : 1999(1)BomCR455

..... the objects and reasons of the act indicates that the decline in the environmental quality has been evidenced by increasing pollution, loss of vegetal cover and biological diversity, excessive concentrations of harmful chemicals in the ambient atmosphere and in food chains, growing risk of environmental accidents and threats to life support systems and, therefore, word community is ..... a draft or final regional plan or draft, interim or final development plan or draft or final town planning scheme, as the case may be, prepared under the maharashtra regional and town planning act, 1966 or any other law for the time being in force or within the agricultural zone of any of such plans or schemes and the development control regulations or rules framed under such ..... of a draft or final regional plan or draft interim or final development plan or draft or final town planning scheme, as the case may be, prepared under the maharashtra regional and town planning act, 1966 or any other law for the time being in force, or the agricultural zone of any of such plans or schemes and the development control regulations or rules framed under such ..... are apprised of gross violation of fundamental rights by a group or a class action or when basic human rights are invaded or when there are complaints of such acts as shock the judicial conscience that the courts, especially this court, should leave aside procedural shackles and hear such petitions and extend its jurisdiction under all available provisions .....

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

Court : Mumbai

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

..... the statement of objects and reasons preceding the said act, 1986 shows growing concern of the central government about the decline in environmental quality as evidenced by increase in the pollution, loss of vegetal cover and biological diversity, excessive concentrations of chemicals in the ambient atmosphere and in food chains, growing risks of environmental accidents and threats ..... 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 ..... 148 contravenes provisions of the said notification of 1991 as also provisions of the air craft act, 1934 read with the rules framed thereunder (c) whether change of user from garden/playground to ..... pursuant to the authority given to the central government under the act, 1986, various guidelines have been issued from time to time by the central government keeping in mind the above observations of the supreme courtin the case ..... from moef and maharashtra coastal zone management authority and after obtaining requisite permission/license/approval from the competent authority under the pro-visions of the air craft act, 1934 read with the rules framed there-under. ..... he contended, after relying upon various sections of the act and the rules, that there is a dichotomy between permission to be obtained for constructing helipad and also per-mission for the purposes of landing .....

Buildarch and anr. Vs. Union of India (Uoi) and ors.

Court : Mumbai

Reported in : (2000)102BOMLR20

..... . he referred to the statement of objects and reasons of the environment (protection) act, 1986 which show the growing concern of the central government about the decline in environmental quality as evidenced by the increase in pollution, loss or vegetal cover and biological diversity, excessive concentrations of harmful chemicals in the ambient atmosphere and in food chains, growing risks of environmental accidents and threats to ..... ') particularly with regard to annxure-1, clause 6(2) crz-ii of the regulations.2. the above notification dated 19.2.1991 has been issued by the central government in exercise of power 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 regulating activities in the crz ..... would not only dilute the provisions of the environment (protection) act, 1986, but also reduce them into mere teasing illusion,69 ..... specific powers to the central government for issuing directions in writing to any person or officer of any authority in connection with the act which such person shall be bound to comply with ..... considering the overall legislative policy behind the act, we are in agreement with the ..... . under this act, sections 3, 4 and 5 invest the central government with plenary powers to take all such measures as it deems necessary or expedient for the purpose of protecting and improving the quality of environment and preventing .....

Jackson and Company Vs. Union of India (Uoi) and anr.

Court : Delhi

Reported in : AIR2005Delhi334; 121(2005)DLT674; 2005(82)DRJ298

..... quality has been evidenced by increasing pollution, loss of vegetal cover and biological diversity, excessive concentrations of harmful chemicals in the ambient atmosphere and in the food ..... it is required to be noted that the legislature has provided section 3(1) which reads as under:-subject to the provisions of this act, the central government shall have the power to take all such measures as it deems necessary or expedient for the purpose of protecting and improving the quality of the environment and ..... authority in exercise of powers conferred by sections 6 and 25 of the environment (protection) act, 1986 (hereinafter referred to as the act) made the rules known as the environment (protection) rules, 1986 (hereinafter referred to as ..... opinion, in view of what is stated hereinabove, it is not possible to say that the act is not authorizing the state to make rules calling upon the manufacturers to provide a device for preventing ..... according to learned counsel for the petitioners, in view of section 6 of the act, it is difficult to understand the act of the state in compelling the manufacturer to provide acoustic enclosure on all the dg sets, as there may not be need of such a rigorous control if the farmer is using a diesel generator set in his farm ..... exercise of the powers conferred under sections 6 and 25 of the act the rule making authority, made the rules, known as the environment (protection) second amendment rules, 2002 (hereinafter referred to as the amended rules). .....

Ajit D. Padival Vs. Union of India and ors.

Court : Gujarat

Reported in : (1996)1GLR382

..... it was submitted that the biological diversity of the area, topographic or climate feature of the area ought to have ..... the learned advocate for the petitioner submitted that resolution passed by the assembly is not the legislative act and before passing the resolution, it was the duty of the concerned department to inform the legislature with the necessary details ..... it to say that at this stage that there is an exemption certificate and person seeking benefit has to act according to conditions laid down in the certificate or the conditions that may be laid down from time to ..... the resolution passed by the legislative assembly in exercise of powers conferred by the said section 26a(3) of wild life (protection) act, 1972, the government of gujarat issued a notification which is produced on the record by respondent no. ..... , it also appears that on 27th july, 1993, in exercise of powers conferred by section 26-a(1)(b) of the wild life protection act, a fresh notification was issued by the forest and environment department declaring an area of 94.87 sq. ..... the duty of the government when any permission is granted to see that licensee acts in accordance with law and is not committing breach of any provisions of law ..... , : 1952crilj1503 , at page 326, is as follows:.the rule is that an unamended act must be read as if the words of amendment had been written into the act except where that would lead to an inconsistency...these observations have been reaffirmed recently by the supreme court in .....

Sterlite Industries (India) Ltd. Vs. Union of India and ors.

Court : Supreme Court of India

..... 10th september 1986 and a declaration may also be made under section 35(4) of the said act declaring the gulf of munnar as a marine national park.we have, therefore, no doubt that the gulf of munnar is an ecological sensitive area and the central government may in exercise of its powers under clause (v) of sub-section (1) of rule 5 of the environment (protection) rules, 1986 prohibit or restrict the location of industries and carrying on processes and operations to preserve the biological diversity of the gulf of ..... that had the ministry of environment and forests, government of india, applied its mind fully before granting the environment clearance and had the tnpcb applied its mind fully to the consents under the air act and the water act and considered all possible environmental repercussions that the plant proposed to be set up by the appellants would have, the environmental problems now created by the plant of the appellants would have ..... tnpcb as well as the state of tamil nadu, relying on the affidavit filed on behalf of the state of tamil nadu on 29.10.2012 submitted that the gulf of munnar consisting of 21 islands in 4 groups was notified under section 35(1) of the wildlife (protection) act, 1972 on 10th september 1986 as this group of islands consisted of territorial waters between them and the proposal to declare gulf of munnar as a marine national park under section 35(4) of the .....

Sterlite Industries (i) Ltd. Etc. Etc. Vs. Union of India and ors. Etc ...

Court : Supreme Court of India

..... in exercise of its powers under clause (v) of sub-section (1) of rule 5 of the environment (protection) rules, 1986 prohibit or restrict the location of industries and carrying on processes and operations to preserve the biological diversity of the gulf of munnar ..... of environment and forests, government of india, applied its mind fully before granting the environment clearance and had the tnpcb applied its mind fully to the consents under the air act and the water act and considered all possible environmental repercussions that the plant proposed to be set up by the appellants would have, the environmental problems not created by the plant of the appellants ..... of tamil nadu, relying on the affidavit filed on behalf of the state of tamil nadu on 29.10.2012 submitted that the gulf of munnar consisting of 21 islands in 4 groups was notified under section 35(1) of the wildlife (protection) act, 1972 on 10th september 1986 as this group of islands consisted of territorial waters between them and the proposal to declare gulf of munnar as a marine national park under section 35(4) of the said ..... by the common judgment, the high court also declared that the employees of the appellant-company would be entitled to compensation under section 25fff of the industrial disputes act, 1947 and directed the district collector, tuticorin, to take all necessary and immediate steps for the re-employment of the workforce of the appellant-company in some other companies/factories/organizations so as .....

Noble M Paikada Vs. Union Of India

Court : Supreme Court of India

..... (v) the biological diversity of the area which, in the opinion of the central government ..... deemed to have acquired all valid rights, approvals, clearances, licences and the like vested with the previous lessee for a period of two years; and whereas, sub-section (3) of section 8b of the mmdr act provides that notwithstanding anything contained in any other law for the time being in force, it shall be lawful for the new lessee to continue mining operations on the land, in which mining operations were being ..... read thus: (a) pass an order quashing newly inserted clause 6 of the impugned notification dated 28.03.2020 as being violative of article 14 and 21 of the constitution of india, ultra vires the provisions of the epa act, 1986, the eia notification dated 14.09.2006, and in further violation of the judgment passed by the hon ble supreme court in the deepak kumar case (supra); (b) pass an appropriate order quashing the impugned notification dated ..... , control and abatement of environmental pollution; civil appeal nos.1628-29 of 2021 page 14 of 32 (xi) establishment or recognition of environmental laboratories and institutes to carry out the functions entrusted to such environmental laboratories and institutes under this act; (xii) collection and dissemination of information in respect of matters relating to environmental pollution; (xiii) preparation of manuals, codes or guides relating to the prevention, control and abatement of environmental pollution; (xiv) such other matters .....