Judgment Search Results Home > Cases Phrase: coastal aquaculture authority act 2005 Sorted by: old Page 1 of about 1,764 results (0.081 seconds)

Kollapudi Gangadhar Vs. The State of Andhra Pradesh, Rep. by its Publi ...

Court : Andhra Pradesh

..... /a.1 under section 482 cr.p.c seeking to quash the proceedings in c.c.no.107 of 2015 on the file of the iv additional judicial first class magistrate, nellore, for the offences punishable under section 420 ipc and sections 3 and 7 of the coastal aquaculture authority act, 2005 (for short, the act'). 2. ..... even the 2nd respondent herein is the competent authority and the procedure to be adopted to take cognizance of the offence under section 14 of the act for violation of section 13(1) of the act is by filing a complaint before the learned magistrate under section 200 cr.p.c. ..... however, it is made clear that the competent authority concerned under section 15 of the act can maintain a private complaint before the learned magistrate concerned to proceed against the accused persons concerned, who ever they may be, for the penal consequences under the act along with ipc by virtue of this order. 7. ..... a perusal of the record shows prima facie there is no application of the offence under section 420 ipc, it is otherwise even premature, more particularly for the reason that section 15 of the act says no court shall take cognizance unless there is a written complaint filed by the competent authority. ..... the above crime is registered on the report of the 2nd respondent-de facto complainant-assistant director of fisheries, nellore, being the competent authority, under section 15 of the act. .....

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. .....

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 .....

Karanam Radha Krishnaiah and Others Vs. Mandal Executive Magistrate an ...

Court : Andhra Pradesh

Reported in : 2001(2)ALD642; 2001(2)ALT329

..... formulation of clear-cut location guidelines and obtaining of approval from aquaculture authority under section 3(2)(v) of environment (protection) act to make them mandatory is the only ideal solution to avoid the re-occurrence of similar problems in future. 27. ..... no aquaculture farm has obtained authorisation from aquaculture authority. 12 ..... the petitioner prays for a consequential direction directing therespondents to remove all the bunds raised for practising aquaculture and demolish all structures, so that the tank is restored to its original depth and storage capacity ..... pollution control board, nellore accordingly submitted a detailed note on environmental problems due to formation of aquaculture ponds in krishnapatnam tank as observed during the visit of the area on 9-8-2000 along with the district collector ..... pollution control board to the effect that the acquaculture units are discharging large quantities of organic effluents, it is stated that the petitioners commenced the aquaculture without obtaining authorisation from the central aqua authority, chennai. ..... it is well known that vast stretches of india's coastal areas have come under siege while the bio-rich tropical forests and wetlands across the country are on the verge of decimation.37. ..... drawing of huge quantity of water in the coastal area may lead to salinisation of ground water due to intrusion. 15. ..... the supreme court noticed the damage so caused is higher than the earnings from the sale of coastal acquaculture produce. .....

Madireddy Padma Rambabu and ors. Vs. District Forest Officer, Kakinada ...

Court : Andhra Pradesh

Reported in : 2002(1)ALD728; 2002(3)ALT57

..... writ petitioners are those who have taken recourse to shrimp culture, prawn culture as also, aquaculture claimingthemselves to be freehold owners of agricultural lands contending that as no law is operating in the field prohibiting or regulating their activities, the revenue or the forest officers have been acting illegally and without jurisdiction in interfering therewith by either demolishing the tanks erected for that purpose ..... to such rights and privileges as are recognised or conferred on them by or under this act, and any other rights and privileges which may have accrued to them in the estate before the notified date against the principal or any other landholder thereof shall cease and ..... any other landholder and any other person whose rights stand transferred under clause (b) or cease and determine under clause (c), shall be entitled only to compensation from the government as provided in this act; (f) the relationship of landholder and ryot shall as between them, be extinguished; (g) ryots in the estate and person holding under them shall, as against the government, be entitled only ..... aquaculture industry/shrimp culture industry/shrimp culture ponds other than traditional and improved traditional may be set up/constructed outside the coastal regulation zone as defined by the crz notification and outside 1000 meter of chilka and pulicat lakes with the prior approval ofthe authority .....

Dr. T. Patanjali Sastry, President, Environment Centre Vs. Chairman, A ...

Court : Andhra Pradesh

Reported in : 2001(5)ALT315

..... intending to take recourse to aquaculture or pisci culture or shrimp culture must file requisite applications before the appropriate aquaculture authority provided their lands fell ..... under sections 27 - 34 and other provisions of the wild life (protection) act, 1972;(9) electricity connection shall be given for domestic use only and not for aquaculture or any activity connected therewith;(10) the d-form pattas granted to lease of land allowed in the area in favour of any assignee or lessee as ..... roads connecting main habitations and their maintenances by providing sufficient number of vents for the roads existing at the time of notification of kolleru wild life sanctuary u/s 18 of wild life (protection) act, 1972 without permitting new roads and culverts;(7) right to maintain existing water courses and drains necessary to avert submersion of agricultural lands surrounding kolleru lake;(8) other rights and conditions as specified ..... traditional may be set up/ constructed outside the coastal regulation zone as defined by the crz notification and outside 1000 metres of chilka and pulicat lakes with the prior approval of the authority as constituted by this court. ..... . it may be true that kolleru lake does not fall within the coastal regulation zone but admittedly a part of it is connected with sea and thus it cannot be said that the decision of the apex court in jagannath's case (4 supra .....

Perambaduru Murali Krishna and ors. Vs. State of Andhra Pradesh and or ...

Court : Andhra Pradesh

Reported in : 2003(1)ALD597; 2003(1)ALT127

..... those observations were made while adverting to the question as to whether the provisions of the state legislations including that of the state of tamil nadu regulating the coastal aquaculture industries set up in the coastal areas were required to be in conformity and in consonance with crz notification issued by the government of india under section 3(3) of the environment (protection) act, 1986. ..... of ontario, air 1937 pc 82, while comparing the unlimited powers possessed by the legislature in a unitary state with that of federal legislature, which does not possess such absolute authority and whose authority is limited by a constitutional document and where the power is divided up between different legislatures in accordance with the class of the subject matter submitted for legislation, the privy council observed that 'the problem to be a complex one'. ..... union of india, : [1969]3scr254 , it has been observed by the supreme court that 'the executive authority in the state cannot acquire new rights against the citizens by making treaties with foreign powers. ..... the category-wise reservation is required to be provided by the state government and the local authorities in favour of the persons with disabilities in the public posts under their control.25. in s. .....

Prof.i.Elangovan Vs. the Government of Tamil Nadu

Court : Chennai

..... the privy council held that the dominion could not merely by making promises to foreign countries clothe itself with legislative authority inconsistent with the constitution which gave it birth, and as the impugned laws related to property and civil rights in the province a subject of exclusive provincial legislative power under ..... defined in section 2(k) of the act to mean a corporation established by or under a central, provincial or state act, or an authority or a body owned or controlled or aided by the government or a local authority or a government company as defined in section 617 of the companies act, 1956 (1 of 1956) and includes departments of a government therefore, each department of the government has to be treated as an establishment, and the government is bound to reserve not less than 3% vacancies in an establishment in posts identified in accordance with section 32 of the act. ..... adverting to the question as to whether the provisions of the state legislations including that of the state of tamil nadu regulating the costal aquaculture industries set up in the costal areas were required to be in conformity and in consonance with crz notification issued by the government of india under section 3(3) of the environment (protection) act, 1986. ..... state of andhra pradesh and others, 2005 1 pdd (cc) 231, a division bench of the andhra pradesh high court was concerned with the state rule which did not provide for 1:1:1 reservation for visually handicapped, hearing handicapped .....

Pulavarthy Ankaraju and ors. Vs. the Special Chief Secretary to Govt.,

Court : Andhra Pradesh

..... relation thereto as prescribed in form iv, if any, granted, is subject to the following conditions, (a) shrimp culture farm/shrimp culture ponds shall restart operation/be set up/constructed only after obtaining authorisation/ approval from the aquaculture authority; (b) the farm shall not deviate from the approved design and operation; (c) the farm shall not cause salinisation of soil or drinking water or wells; (d) the farm shall not cause increased sedimentation and health ..... . aquaculture industry/shrimp culture industry/shrimp culture ponds other than traditional and improved traditional may be set up/constructed outside the coastal regulation zone as defined by the crz notification and outside 1000 meter of chilka and pulicat lakes with the prior approval of the authority as constituted by this court ..... the petitioners, on coming to know of the permission being granted to the respondents 6 to 20, made an application under right to information act, 2005, on 22.02.2010 for copies of the orders under which permission has been granted to the respondents 6 to 20 for conversion of their agricultural lands into fish tanks. ..... . aquaculture (quality control) act, 2006 have to be raised ..... the supreme court in s.jagannath's case (2 supra), and observed that the state is under a constitutional obligation to ensure the enforcement of the citizens' right to pollution free environment under the existing legislations like the environmental protection act and the coastal zone regulations .....

High Court of Punjab and Haryana at Vs. M/S. Atma Tube Products Ltd. a ...

Court : Punjab and Haryana

..... coastal aquaculture authority act ..... in fact, the suggested recours.would substantially nullify the effect of the amendment made in section 378 by act no.25 of 2005 crm-790-ma-2010 final - 63 - and will re-introduce the unamended provision whereunder all appeals against acquittal used to be maintainable before the high ..... 2010 final - 68 - it deserves to be mentioned that there was no clash between section 378(1) as amended by act no.25 of 2005 and any other provision till the code was further amended by act no.5 of 2009. ..... to which no appeal shall lie from any judgement or order of a criminal court except as provided for by this code or by any other law for the time being in force .the code of criminal procedure (amendment) act, 2005:2005. ..... draftsman has inconversantly slipped up while drafting the proviso to section 372, when he overlooked section 378(1) as amended by act no.25 of 2005. ..... (100).the following table demonstrates the after-effects of the 2005 and 2009 amendments on appeals before different courts:- order state s victim will file passed by appeal lies appeal before before court where crm-790-ma-2010 final - 61 - accused will file ..... here to dissect section 378 of the code as amended in 2005 which reads as under :- 378. ..... the no right to appeal [1861].to the unconditional right to appeal [1898].followed by a conditional right to appeal [1973 code].and again unconditional right to appeal in some of the cases to be filed in the court of session [2005].in favour of the state. .....