Court : National Green Tribunal Principal Bench New Delhi
..... , 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 thirty days from the date on which the order, or decision or direction, or determination is ..... lakes, reservoir, tanks, backwaters, lagoon, creeks, estuaries and manmade wet land and zone of direct influence on wet lands that is to say the drainage area or catchment region of the wet lands as determined by the authority, but does not include many river channels, paddy fields and the coastal wet land covered under the notification of the government of india in the ministry of environment and forest, s.o. ..... 3917 of 2005 of the honble kerala high court, (annexure a3), the 4th respondent namely the kozhencherry education trust, the previous owner had no permission to reclaim the paddy land and even subsequent to that date also, no permission was issued by any competent authority to the 4th respondent to reclaim the paddy land in controversy and contrarily, the competent authorities found that the reclamation of paddy land by the 4th respondent was illegal and ordered to ..... provision shall be provided as per national building code of india 2005. .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... the conveyor belting system was installed in the year 1992, still the crz regulations would be inapplicable inasmuch as the notification would only be applicable from the date the coastal zone management plan was finalized, which was in the year 1996 and, thus, the same would have no application in relation to years 1991 and 1992. ..... scc 785, the supreme court of india stressed upon the need for recording reasons and for the authority to act fairly. ..... november, 2009 and 1st january, 2010 shall be the basis for proceeding further with the enquiry, however with specific liberty to the authority to make any additional or fresh grounds that it may deem fit, within two weeks from the date of pronouncement of this order. ..... records are voluminous and it may not be practical to furnish the copies of all such records, in that event the authority must provide an inspection of documents to the applicants and supply copies of such documents as the applicants may ask for, ..... the applicants were, that despite the fact that in the para 15 of the impugned order, the authority came to the conclusion that loading of iron ore has been going on prior to the year 1991, and the jetties in question were in existence prior to 1991, still the authority has erroneously arrived at the conclusion that jetties have been unauthorisedly extended to an area above 65 sq.m, which ..... awasthi (2005) 6 scc 321, the supreme court compared ..... claimant dated 21st december, 2009 and a copy of the plan dated 29th september, 2005. .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... in this regard the appellant had relied upon the letter of the additional industry commissioner, state of gujarat, dated 8.2.2008, authored by the additional industrial commissioner, gandhi nagar, stating that there was no need to obtain any crz certificate from the forest and environment department ..... it also aids the appellate or revisional authority or the supervisory jurisdiction of the high court under article 226 or the appellate jurisdiction of this court under article 136 to see whether the authority concerned acted fairly and justly to mete out justice to the aggrieved person. 22 ..... if such grounds are not dealt with in the order passed by the authority, neither the party nor the appellate authority would be able to comprehend as to why their contentions have been rejected, as the reasons are harbinger between the mind of the maker of the order, to the controversy in question and the decision or conclusion arrived ..... we may now refer to certain judgments on the point that an administrative authority is also required to record reasons as to show proper application of mind and the orders being in conformity with the basic rule of ..... 2005(8) scc 296 while dealing with the order of the high court which had not provided for reasons in support of its order, the supreme court held that high court was in error in not recording reasons as it denied an opportunity to the affected parties before the appellate court and also referred to the necessity of providing reasons by the authority. .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... order passed by it ex-parte; (i) pass an interim order (including granting an injunction or stay) after providing the parties concerned an opportunity to be heard, on any application made or appeal filed under this act; (j) pass an interim order requiring any person to cease and desist from committing or causing any violation of any enactment specified in schedule i (k) any other matter which may be prescribed. ..... 7th december, 1999, issued by the goa coastal zone management authority was the subject matter of challenge in writ petition no.152 of 2005. ..... and in view of the non-compliance of the board's directions by the mormugao municipal council, the respondent board vide directions dated 03-03- 2014, issued under section 5 of the environment (protection) act, 1986 rejected the application submitted by the mormugao municipal council, for renewal of the authorization in respect of the solid waste treatment plant located at sada, vasco". ..... thc)/2013 (national green tribunal, (wz) pune (protection) act 1986 rejected the application submitted by the municipal council for renewal of authorization in respect of solid waste treatment plant located sada, ..... protection) act, 1986, rejected the application for renewal of authorization due ..... the tribunal shall have, for the purposes of discharging its functions under this act, the same powers as are vested in a civil court under the code of civil procedure, 1908 (5 of 1908), while trying a suit, in respect of the following matters, namely - (a) .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... with this object in mind, we proceed to pass the following directions, particularly in relation to vehicular pollution: (i) at the entry point to the climb, near vashishta, there shall be common check posts/barriers to be provided by the authorities concerned, more particularly, by the department of tourism, the border roads organisation (for short the bro), the police, the pollution control board and the directorate of weights and measures of the state government of himachal ..... scc 226), the court held as under: there are ample powers conferred by article 32 read with article 142 to make orders which have the effect of law by virtue of article 141 and there is mandate to all authorities to act in aid of the orders of this court as provided in article 144 of the constitution. ..... the legislature enacted various laws like the air (prevention and control of pollution) act, 1981, water (prevention and control of pollution) act, 1974 and the wildlife (protection) act, 1972, the forest (conservation) act, 1980, the indian forest act, 1927 and the biological diversity act, 2002 and other legislations with the primary object of giving wide dimensions to the laws relating to protection and improvement ..... in the near future, contamination of underground and surface fresh water supplies is likely near coastal areas (ref: law relating to environmental pollution and protection, 5th edition, vol.i, by ..... india (2004) 12 scc 118; in re: noise pollution (2005) 5 sc 733; milkmen colony vikas samiti v. .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... , tentatively containing inter-alia the district-wise details of the location and boundary of (i) each plot of land that may be defined as forest for the purpose of the forest (conservation) act, 1980; (ii) the core, buffer and eco-sensitive zone of the protected areas (iii) important migratory corridors for wildlife and (iv) the forest land diverted for non-forest purpose in the past ..... the location and boundary of (i) each plot of land that may be defined as forest for the purpose of the forest (conservation) act, 1980; (ii) the core, buffer and eco-sensitive zone of the protected areas constituted as per the provisions of the wildlife (protection) act, 1972; (iii) the important migratory corridors for wildlife; and (iv) the forest land diverted for non-forest purpose in the past ..... the court also made it clear that the order dated 30th april 2004 has to be read in context of the notification dated 26th april 2005 issued by the ministry of environment and forest and in cases, state government has got clearance to carry out non-forest activities from the ministry of environment and forest, they ..... the various 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. ..... the court in its order dated 27th april 2005 has emphasized that the court was required to pass the order dated 30th april 2004 on the application .....
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