Court : Sikkim
..... monasteries and other places ofworship. almost all the gompas (monasteries) and other religious institutions are responsible for a considerable degree of (unintentional) biodiversity conservation. natural landscapes have been consecrated as sacred forests, sacred lakes, sacred boulders, stones and sacred spaces around these monasteries. even lakes and mountains ..... interests of the local communities who are displaced or adversely affected by developmental projects. .. [emphasis supplied] (vi) although the decision in orissa mining corporation ltd. case (supra) was rendered in the context of the scheduled tribes and other traditional forest dwellers (recognition of forest rights) act, ..... zone from the boundaries of the wildlife sanctuaries and national parks. there is, therefore, no direction, interim or final, of this court prohibiting mining activities within 10 kms. of the boundaries of national parks or wildlife sanctuaries. [emphasis supplied] (xviii) the question that would then follow .....
Tag this Judgment!Court : Karnataka
..... that bad governance sets a bad example. that is what exactly happened in the present case. 165. the apex court in the case of pleasant stay hotel vs. palani hills conservation council and others reported in 1995 (6) scc 127, 139 observed as under:- acceptance thereof would mean giving judicial imprimatur to utter and flagrant breach of statutory provisions to which .....
Tag this Judgment!Court : Delhi
..... and advice of the council of ministers. 102. devji vallabhbhai tandel (supra) was a writ petition filed under article 32 of the constitution challenging the order of preventive detention under conservation of foreign exchange and prevention of smuggling activities act, 1974 (cofeposa) passed by the administrator of union territory of goa, daman and diu. as per the government of union territories .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1999SC1786; JT1999(2)SC604; 1999(2)SCALE381; (1999)4SCC43; [1999]2SCR323
..... resumed by the state of himachal pradesh vide notification dated 19.1,1990 issued under section 3 of the punjab resumption of jagir act, 1957. the principal chief conservator of forests was directed to take over management and possession of kutlehar forest from respondent no. 1 with the assistance of the collector. respondent no. 1 filed ..... of jura regalia or jura regia. royal rights and prerogatives of a sovereign are covered thereunder. in its secondary sense the word 'royalty' would signify, as in mining leases, that part of the reddendum, variable though, payable in cash or kind, for rights and privileges obtained. it is found in the clause of the deed ..... lease quoted above, which illustrates how inadequate and fallacious it is to envisage the royalties as merely the price of the actual tons of coal. the tonnage royalty is indeed only payable when the coal or coke is gotton and despatched : but that is merely the last stage. as preliminary and ancillary to that culminating act, liberties .....
Tag this Judgment!Court : Karnataka
..... state of karnataka, by its secretary to the forest, -:105. :- 2.3. ecology and environment, department, vidhana soudha, bangalore. the deputy conservator of forest, chitradurga division, chitradurga. the deputy director of mines and geology, chitradurga division, chitradurga. ... respondents (by prof: ravivarma kumar, advocate general along with sri. a.s. ponnanna, additional advocate general ..... for interpretation. the said entry 15 reads as follows: old, discarded, unserviceable or obsolete machinery, stores or vehicles, including waste products, except cinder, coal -:268. :- ash and such items as are included in any other notification issued under the act. applying the principles of noscitur a sociis, it was ..... imposed under mmdr act, relating to levy of fdt which is infact, relatable to entry 54 of list ii (i) in hingir-rampur coal company ltd., the orissa mining areas development fund act, 1952, which imposed a cess, was upheld due to certain reasons as -:329. :- narrated supra, but the .....
Tag this Judgment!Court : Karnataka
..... stay was granted. consequently, notification dated 16/08/2008 gazetted on 27/8/2008; letter dated 22/9/2008 issued by the deputy conservator of forest to all the lease holders of the mining leases and corrigendum dated 22/10/2008 stating that rate of tax should be read as 12% instead of 8% by treating iron ore ..... limitation is imposed under mmdr act, relating to levy of fdt which is infact, relatable to entry 54 of list ii (i) in hingir-rampur coal company ltd., the orissa mining areas development fund act, 1952, which imposed a cess, was upheld due to certain reasons as narrated supra, but the hon'ble supreme court recorded that ..... act, 1948 came for interpretation. the said entry 15 reads as follows: old, discarded, unserviceable or obsolete machinery, stores or vehicles, including waste products, except cinder, coal ash and such items as are included in any other notification issued under the act. ? applying the principles of noscitur a sociis, it was held that the expression oldoccurring .....
Tag this Judgment!Court : Supreme Court of India
..... entry 23 of list ii to the extent the parliamentary legislation covers the subject-matter. the legislative powers of the state with 354 (1982) 1 scc125355 coal mines act 356 western coalfields ltd (supra) [28].. 165 part i respect to other subjects under list ii, including taxes on lands and buildings, will ..... , where both the union and the states have certain duties and responsibilities. these responsibilities take the form of development of infrastructure, facilitation of exploration and mining activities, conservation of 300 supreme court of india, record of proceedings, civil appeal no.4056-4064/1999 (14 march 2023) 54. 301 national mineral policy 2019 ..... to be scientific and judicious. the mmdr act enumerates rules and regulations to ensure that the exploration, extraction, and exploitation of minerals follow standards of conservation and sustainability. the indian state is the trustee of all natural resources, including minerals.279 therefore, it is a constitutional duty of the state to .....
Tag this Judgment!Court : Jharkhand
..... of any violations thereof.45. the impugned order however does not contain any findings as to any such action taken by either indian bureau of mines or various other authorities under the forest conservation act, environment protection act, 1986 or by state pollution control board.46. it is submitted that the provisions of such acts have to be ..... in the case of sandur manganese & iron ores ltd 9 vs. state of karnataka & ors. [(2010) 13 scc1 as also judgment rendered in the case of bharat coking coal ltd. vs. state of bihar & others [(1990) 4 scc557.12. learned senior counsel for the petitioner submits that it is equally well settled that m.m.d.r ..... of tamil nadu vs. hind stone & others reported in [(1981) 2 scc205 union of india & others vs. indian charge chrome & another [(1999) 7 scc314, chairman cum managing director, coal india ltd. & others vs. ananta saha & others [(2011) 5 scc142 and in the case of commissioner of municipal corporation, simla vs. prem lata sood & others [(2007) 11 scc40. .....
Tag this Judgment!Court : Jharkhand
..... of any violations thereof.45. the impugned order however does not contain any findings as to any such action taken by either indian bureau of mines or various other authorities under the forest conservation act, environment protection act, 1986 or by state pollution control board.46. it is submitted that the provisions of such acts have to be ..... in the case of sandur manganese & iron ores ltd 9 vs. state of karnataka & ors. [(2010) 13 scc1 as also judgment rendered in the case of bharat coking coal ltd. vs. state of bihar & others [(1990) 4 scc557.12. learned senior counsel for the petitioner submits that it is equally well settled that m.m.d.r ..... of tamil nadu vs. hind stone & others reported in [(1981) 2 scc205 union of india & others vs. indian charge chrome & another [(1999) 7 scc314, chairman cum managing director, coal india ltd. & others vs. ananta saha & others [(2011) 5 scc142 and in the case of commissioner of municipal corporation, simla vs. prem lata sood & others [(2007) 11 scc40. .....
Tag this Judgment!Court : Jharkhand
..... of any violations thereof.45. the impugned order however does not contain any findings as to any such action taken by either indian bureau of mines or various other authorities under the forest conservation act, environment protection act, 1986 or by state pollution control board.46. it is submitted that the provisions of such acts have to be ..... in the case of sandur manganese & iron ores ltd 9 vs. state of karnataka & ors. [(2010) 13 scc1 as also judgment rendered in the case of bharat coking coal ltd. vs. state of bihar & others [(1990) 4 scc557.12. learned senior counsel for the petitioner submits that it is equally well settled that m.m.d.r ..... of tamil nadu vs. hind stone & others reported in [(1981) 2 scc205 union of india & others vs. indian charge chrome & another [(1999) 7 scc314, chairman cum managing director, coal india ltd. & others vs. ananta saha & others [(2011) 5 scc142 and in the case of commissioner of municipal corporation, simla vs. prem lata sood & others [(2007) 11 scc40. .....
Tag this Judgment!