Judgment Search Results Home > Cases Phrase: coastal aquaculture authority act 2005 Court: us supreme court Page 1 of about 440 results (0.143 seconds)

S. Jagannath Vs. Union of India and Others

Court : Supreme Court of India

Reported in : AIR1997SC811; 1997(1)Crimes189(SC); JT1997(1)SC160; 1997(5)SCALE406; (1997)2SCC87; [1996]Supp9SCR848

..... must be borne by the individual entrepreneur of the commercial aquaculture farms in keeping with the polluter pays principle* no commercial coastal aquaculture activity should be undertaken even beyond 500 m htl unless a comprehensive and scientific environmental impact assessment (eia) study has been conducted by the entrepreneur, and the environment management plan (emp) approved by the respective state department of environment pollution control board, shore development authority, and also by the ministry of environment and forests. ..... effluent' includes any liquid, gaseous or solid substance which is discharged from any premises used for carrying on any [industry operation or process, or treatment and disposal system], other than domestic sewage.section 25 of the water act provides that no person shall, without the previous consent of the state board establish any industry, operation or process, or any treatment and disposal system which is likely to discharge sewage or trade effluent into a stream or well ..... mehta has taken us through the notification dated february 19, 1991 issued by the government of india under section 3 of the environment (protection) act, 1986 (the act)(crz notification) and has vehemently contended that setting up of shrimp farms on the coastal stretches of seas, bays, estuaries, creeks, rivers and backwaters upto 500 metres from the high tide line (htl) and the line between the low tide line (ltl) and the htl is totally .....

Cal. Coastal Comm'n Vs. Granite Rock Co.

Court : US Supreme Court

..... prime agricultural land shall be maintained in agricultural production, 30241; that all other lands suitable for agricultural use shall not be converted to nonagricultural use except in specified circumstances, 30242; that conversions of coastal commercial timberlands in units of commercial size to other uses shall be limited to providing for necessary timber processing and related facilities, 30243; that the location and amount of new development should maintain and enhance ..... finally, any lingering doubt that exercise of coastal act authority over federal lands is an exercise of land use authority preempted by federal laws is removed by the fact that that is not only the view of the federal agencies in charge of administering those laws, see brief for united states as amicus curiae, but also was the original view of california, which until 1978 excluded from the coastal act in language exactly mirroring that of the ..... the cca gives land use as well as environmental regulatory authority to the coastal commission, the state statute also gives the coastal commission the ability to limit the requirements it will place ..... protected for recreational use and development, 30221; that commercial recreational facilities shall have priority over private residential, general industrial, or general commercial development, but not over agriculture or coastal-dependent industry, 30222; that oceanfront land suitable for coastal-dependent aquaculture shall be protected for that use, page 480 u. s. .....

Baby Manji Yamada Vs. Union of India (Uoi) and anr.

Court : Supreme Court of India

Reported in : AIR2009SC84; 2008(4)KLT306(SC); 2008(13)SCALE76; 2008AIRSCW6964

..... compliance of policy decisions, guidelines or instructions aimed at mitigating hardships to and ensuring welfare of the children and to provide relief to such children, or take up the issues arising out of such matters with appropriate authorities; and (k) such other functions as it may consider necessary for the promotion of child rights and any other matter incidental to the above functions 2) the commission shall not inquire into any matter which is pending ..... other place of residence or institution meant for children, under the control of the central government or any state government or any other authority, including any institution run by a social organisation; where children are detained or lodged for the purpose of treatment, reformation or protection and take up with these authorities for remedial action, if found necessary;(j) inquire into complaints and take suo motu notice of matters relating to, - (i) deprivation and ..... it is to be noted that the commissions for protection of child rights act, 2005 (hereinafter for short 'the act') has been enacted for the constitution of a national commission and state commissions for protection of child rights and children's courts for providing speedy trial of offences against children or of ..... policy decisions, guidelines or instructions aimed at mitigating hardships to and ensuring welfare of the children and to provide relief to such children, or take up the issues arising out of such matters with appropriate authorities.14. .....

M. Nizamudeen Vs. Chemplast Sanmar Limited and ors.

Court : Supreme Court of India

Reported in : 2010(2)SCALE792

..... rajeev dhavan, learned senior counsel would submit that the application made on may 27, 2002 was abandoned by chemplast because the statutory designated authority, in its inspection held in the month of june 2005, declared the relevant area to be crz and the district coastal zone management committee and tnsczma had examined the earlier application for the port area alone. ..... are crz-iii areas where handling of hazardous substance is prohibited; that vcm is hazardous substance notified under the notification of moef issued on november 27, 1989 and handling of a substance includes transfer, as per section 2(d) of environment (protection) act, 1986; that chemplast did not seek any permission in respect of the pipelines in the crz on both sides of uppanar river, rather existence of uppanar river itself was suppressed in the proposals made; that 1996 plan ..... role to play insofar as it relates to controlling of pollution for the purpose of ensuring effective implementation of the notifications of 1991 and 1994, as also of the management plans, the central government should consider setting up under section 3 of the act, state coastal management authorities in each state or zone and also a national coastal management authority. .....

Surinder Singh Brar and ors. Vs. Union of India and ors.

Court : Supreme Court of India

..... or controlled by the state;(vi) the provision of land for carrying out any educational, housing, health or slum clearance scheme sponsored by government or by any authority established by government for carrying out any such scheme, or with the prior approval of the appropriate government, by a local authority, or a society registered under the societies registration act, 1860 (21 of 1860 ), or under any corresponding law for the time being in force in a state, or a co- operative society within the meaning of any ..... kuldip singh kehlon, who is one of the appellants in the appeal arising out of slp (c) nos.13518-13521/2011 filed an application under the right to information act, 2005 (rti act) and sought information on various issues which had direct bearing on the acquisition of their land. ..... kgo (la)/lao/2006/1296dated, chandigarh, the 16/1/06subject: acquisition of remaining land in village manimajra, ut, chandigarh.this refers to the minutes of the meeting held on 29.12.2005 under the chairmanship of the finance secretary-cum-secretary, information technology, chandigarh administration, chandigarh, wherein it was decided to acquire 50 acres of land adjoining to the present i.t ..... out of the remaining land of phase-ii, 135 acres was transferred to the chandigarh housing board (for short, the board) vide order dated 15.11.2005/1.12.2005 issued by the finance secretary, chandigarh administration for development of residential and other infrastructural facilities in the it park. .....

Municipal Corporation of Delhi Vs. Association of Victims of Uphaar Tr ...

Court : Supreme Court of India

Reported in : 2011(4)KLT137(SN)(C.No.147); 2011AIRSCW6418; 2012(1)LW593; AIR2012SC100; 2012(2)SCJ751

..... lastly it was contended by mcd that when in exercise of its statutory powers of regulating the constructions of buildings within its jurisdictional area or in complying with the request of the licensing authority for any report as per cinematograph rules, it acts bona fide and in accordance with the relevant rules and bye-laws, in the absence of malafides, it can not be made liable even if there were any errors or irregularities ..... further opined that the ratio of kasturi lal is available to those rare and limited cases where the statutory authority acts as a delegate of such functions for which it cannot be sued in a court of law. ..... they therefore, sought adequate compensation for the victims of the tragedy and punitive damages against the theatre owner, dvb, mcd, fire force and the licensing authority for showing callous disregard to their statutory obligations and to the fundamental and indefeasible rights guaranteed under article 21 of the constitution of india, of the theatre going public, in failing to provide safe premises, ..... a welfare state is not shaken.the court further held:the determination of vicarious liability of the state being linked with the negligence of his officers, if they can be sued personally for which there is no dearth of authority and law of misfeasance in discharge of public duty having marched ahead, there is no rationale for the proposition that even if the officer is liable, the state cannot be sued.5. ..... has enacted the disaster management act, 2005. .....

V.S. Achuthanandan Vs. R. Balakrishna Pillai and ors.

Court : Supreme Court of India

..... 1999 to october 2003, when the high court pronounced its order acquitting all the accused and the matter was taken up to this court by the present appellant initially by way of special leave petition in 2005, leave was granted in 2006 and it was kept pending till this date, we feel that all the three accused have undergone agony of these proceedings for nearly two decades, we are of the opinion ..... as rightly pointed out, there were procedural irregularities and omissions by the board authorities in the manner of dealing with tenders submitted by k.p.poulose and kuriakose, which ultimately eliminated kuriakose from the scene, keeping k.p.poulose as the sole tenderer, qualified by pre-qualification committee of the board and ..... section 16 of the electricity (supply) act, 1948, the constituting authority is the state government. ..... as rightly pointed out, the board being a statutory authority, ought to have waited for a reply from the other tenderers to ascertain whether they actually received notices and reason for their inability ..... the board is empowered with the authority to award contracts and has discretion to accept and being an authority constituted under the statute and a pubic undertaking is not expected to accept tenders at exorbitant rates with financial implications causing loss to ..... same manner, though the appellant challenged the order of the high court acquitting all the accused before this court even in 2005, it has reached its finality only in 2011 by the present order. .....

R (on the Application of Faulkner) (Fc) and Others Vs. Secretary of St ...

Court : UK Supreme Court

..... in a case where there has been a failure to review the lawfulness of detention speedily, as required by article 5(4), there may well be some respects in which a public authority could have acted differently; but, as i have explained, the absence of a speedy decision does not affect the question whether the prisoner can be released under the relevant provisions. ..... he relied upon section 40(5) of the constitutional reform act 2005 ("the 2005 act"), which provides: "the court has power to determine any question necessary to be determined for the purposes of doing justice in an appeal to it under any enactment. ..... they include niedbala v poland (2001) 33 ehrr 48, migon v poland (application no 24244/94) (unreported, bailii: [2002] echr 523) 25 june 2002, hl v united kingdom (2005) 40 ehrr 32, fodale v italy (2008) 47 ehrr 43, galliani v romania (application no 69273/01) (unreported) 10 june 2008 and mitreski v former yugoslav republic of macedonia (application no 11621/09) (unreported, bailii: [2010] echr 376) 25 march 2010. ..... referring to para 76 of its judgment in the case of nikolova v bulgaria (2001) 31 ehrr 3, and to its judgments in the cases of hl v united kingdom (2005) 40 ehrr 32 and fodale v italy (2008) 47 ehrr 43, to all of which it will be necessary to return, the court stated expressly that it "cannot find it established that the supreme court would have ordered the applicant released had .....

The Secretary, Kerala State Coastal Management Authority Vs. Dlf Unive ...

Court : Supreme Court of India

..... appellate jurisdiction civil appeal nos.117-120 of 2018 the secretary, kerala state coastal management authority .appellant versus dlf universal limited (formerly known as adelie builders and developers ..... sub-committee report of 31.8.2010 giving in principle approval/recommendation to the project and recommending imposition of fine is stated to be based on cess report of may, 2005, which was based on htl, which was subsequently found on superimposition, to involve land reclamation and resulted in a three member committee report dated 21.7.2014.24. ..... factor was a notification dated 14.9.2006 issued by the ministry of environment and forests in furtherance of the environment protection in exercise of power conferred by sub-section (1) and clause (v) of subsection (2) of section 3 of the environment protection act, 1986 (hereinafter referred to as the said act ) read with clause (d) of sub-rule (3) of rule 5 of the environment protection rules, 1986. ..... projects required prior environmental clearance from the central government as applicable or as the case may be the state environment impact assessment authority (for short seiaa ) duly constituted by the central government under sub-section (3) of section 3 of the said act. ..... as noticed above, if the appellant had acted with promptitude at the relevant time, we are sure that the correct picture would have been page 35 of 39 available whether for ..... thus, no answer to say that it does not have an enforcement mechanism and thus, cannot act.44. .....

In Re Interplay Between Arbitration Agreements Under The Arbitration A ...

Court : Supreme Court of India

..... electronic record shall be attributed to the originator (a) if it was sent by the originator himself; (b) by a person who had the authority to act on behalf of the originator in respect of that electronic record; or (c) by an information system programmed by or on behalf of the ..... this indicates that article 5 of the model law emphasizes on arbitral tribunal being the first instance to determine all issues relating to matters of law or construction as well as issues of jurisdiction and scope of authority.67 it 65 manuel a gomez, article 5: extent of court intervention in ilias bantekas (eds) uncitral model law on international commercial arbitration: a commentary 89 (2020) 66 digest of case law on the model law on international commercial arbitration (2012 ..... court had examined the question of stamp duty in an underlying contract with an arbitration clause and in the context had drawn a distinction between the first and second part of section 7(2) of the arbitration act, albeit the observations made and quoted above with reference to existence and validity of the arbitration agreement being apposite and extremely important, we would repeat the same by reproducing para 29 thereof : (scc ..... jurisdiction to entertain the request, the existence of a valid arbitration agreement, the existence or otherwise of a live claim, the 141 (2005) 8 scc61886 part h existence of the condition for the exercise of his power and on the qualifications of the arbitrator or arbitrators ..... ..... coastal ..... coastal .....