Court : National Green Tribunal Principal Bench New Delhi
..... f.30-6-2001-x-3 dated 8th december, 2006 empowered the officers of mpfdc on par with the officers of the forest department for exercising powers under indian forest act, 1927. ..... no forest area is worked without getting the working plan prepared and approved by the moef, government of india as per the national working plan code, 2004 and as per the provisions made under section 2 (iv) of the forest (conservator) act, 1980. ..... (iv) further, before undertaking the forestry operations in the areas allotted to them, the mpfdc is required to obtain permission from the central government in moef under section 2 (iv) of the fc act and no forest is to be worked without getting the working plan approved by the government of india. ..... therefore the question of loss of biodiversity does not arise and no forest area is worked without getting the working plan approved by the competent authority as per the orders of the honble supreme court dated 22nd september, 2000 passed in t.n. ..... the records placed before us by the respondent mpfdc make it clear that no activity related to harvesting and regeneration of forest is taken up by the mpfdc without the approval of the working plan by the central government. ..... (iii) (i) as enunciated in the national forest policy of 1988, no development of forest can take place without the active co-operation of the local people. .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... 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 ..... is reduced, in part because less radiant energy is absorbed (more is reflected), in part because atmospheric turbulence (surface roughness) is greater above a forest than above a grassland and hence can evaporate water more rapidly from forests, and in part because the roots of trees generally penetrate to deeper layers of soil than the roots of pastures, and hence have access to more ..... , we direct that an extra effort should be made by the state government of himachal pradesh, for ensuring prevention and control of forest fires, particularly in the himalayan region, as they are the direct source of deposition of black carbon and suspended particulate matter on ..... without degrading the environment or by minimising the adverse effects thereupon by applying stringent safeguards, it is possible to carry on developmental activities applying the principle of sustainable development, in that eventuality, development has to go on because one cannot lose sight of the need for development of industry, irrigation resources, power projects ..... in some sections, even survival of the .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... in exercise of powers under provisions of sub-section (1) of section 29 of forest act, 1927, the state declared area between 711.3 to 742 miles, falling within mainpuri district, alongside nh-91 as protected forest. ..... he further stated that action under the indian forest act 1927 has been initiated because already eight (8) trees were found cut and fallen. ..... (i) whether noc dated 21.12.2012 has been granted in violation of the provisions of the forest (conservation) act, 1980 and without following relevant guideline issued by the goi? ..... in our opinion, the noc granted by the district magistrate, mainpuri is illegal in as much as the same was issued without prior grant of the clearance under the fc act and without even awaiting for report of the district forest officer. ..... once the land alongside nh-91 is declared as protected forest, it is manifestly clear that any use thereof for non-forestry purpose is impermissible without permission granted by the competent authority. ..... there cannot be two opinions about the fact that already a part of protected forest was converted for non-forestry use without prior permission of the competent authority. 17. ..... needless to say, arpan kumar was very well aware that without obtaining clearance under the fc act from the forest department the installation of petrol pump(outlet) in his land could not be legally undertaken. 13. .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... 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 ..... after the application of the applicant for obtaining membership was rejected vide order dated 8th july, 2008 after a lapse of nearly two years, the board, in exercise of the powers vested in it under section 33a of the water act, directed to close down the industrial unit of the applicant, vide its order dated 10th august, 2010, and in the event of failure to comply with the said order, it was stated that, it being a criminal ..... permit to be carried on, on the demised premises any obnoxious trade or business whatsoever or use the same or permit the same to be used for any religious purpose or any purpose other than for the industrial purposes as aforesaid without the previous consent in writing of the lessor and the local municipal authority and subject to such terms and conditions as the lessor / local municipal authority may impose and will not do or suffer to be done, on the ..... indisputably, there are cases where the board has issued directions under section 33a of the water act without strictly complying with the procedure prescribed under rule 34 of the water .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... the applicant has stated the petition on the ground that even though the land in question it is a revenue land and not notified as a forest, permission under section 2 of the forest (conservation) act, 1980 is mandatory as the land has sufficient number of trees to qualify to be declared as a forest in terms of the orders of hon'ble supreme court in the case of t.n. ..... 3, whether any permission to use the aforesaid land for construction of the hotel as required under section 2 of the forest (conservation) act, 1980, had been sought from the competent authority. ..... 2, 4 and 5 may kindly be directed to not to permit use of forest land for other than forest purpose contrary to section 2 of the forest (conservation) act of 1980 (iv). ..... 12.12.1996 the hon'ble supreme court directed each state government to constitute an expert committee for identification of 'forest' fixing certain guidelines without influenced by the fact of ownership or on whose name the said land exists in government record. ..... such necessary directions shall be taken in consultation with the respondent no.4, the divisional forest officer, jabalpur who shall also ensure regular patrolling in the area by the forest guard for the aforesaid purpose and the expenses to be borne by mptdc. ..... it is alleged that part of the aforesaid dumna forest land was allotted for the establishment indian institute of information technology and data management (in short 'iiit dm') some portion of the land also came to be allotted to respondent no .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... the provisions of section 17 of the air act state the functions, which the state boards are expected to perform, subject to the provisions of the air act and without prejudice to the performance of its functions, if any, under the water (prevention and control of pollution) act, 1974. ..... the principles were further stated in this very book as under: liberal construction was recently adopted in interpreting section 123 (c) of the railways act 1989 which defines untoward accident to include accidental falling of a passenger from a train carrying passengers. ..... for prevention and control of the same, the pollution control boards were constituted by assigning them such powers and functions as are necessary for achievement of the above objectives. ..... the division bench also issued further directions in modification of the directions issued by the learned single judge which were not warranted in the facts of the case. 9. ..... fine dust accumulated in the crushing area should be periodically cleaned and the dumps should be covered with tarpaulin to arrest erosion by wind. 5. ..... the indian courts have also permitted departure from the rule of literal construction so as to avoid the statute becoming meaningless. .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... the fac and thereafter such clearances shall be placed before this court for approval , as such the proposal seeking prior approval of the central government under the forest (conservation) act, 1980, for diversion of forest land required for construction of kotlibhel-a and kotlibhel-1b projects along with the recommendations of the fac on these proposals were placed before the honble supreme court which ..... and kotlibhel 1b, following three proposals seeking prior approval of central government under the forest (conservation) act, 1980 for diversion of forest land for construction of hydropower projects in ganga river basin were received by the moef: (a) diversion of 658.282 ha of forest land for construction of 530 mw capacity kotlibhel hydro-electric power project (stage-ii) on lease for 30 years in favour of nhpc, in ..... in the present case was substantially based on the study made by indian institute of technology, roorkee (for short iitr) and wildlife institute of ..... (2)without prejudice to the provisions contained in section 16, an application for grant of relief or compensation or settlement of dispute may be made to the tribunal by i) the person who has sustained the injury; or ii) the owner of the property ..... economist and a former professor of indian institute of management, bangalore and lives ..... undoubtedly, in indian context, the concept of cia is an emerging subject area and due to lack of available data base, a lot of constraints are posed in conducting cia; and in the instant .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... deer, wild buffalo, elephants, tigers and gangetic dolphins, it is the only park of its kind with a viable low land grass land-ecosystem in south asia, in exercise of the powers conferred by sub-section(1) and clause(v) of sub-section (2) of section 3 of the environment (protection) act, 1986 read with clause (d) of sub-rule (3) and sub-rule (4) of rule 5 of the environment (protection) rules, 1986, notified that on and from the date ..... tribunal to the notification dated 5th july, 1996 issued by the moef, it is submitted that the latter on being satisfied that anthropogenic activities cause air, water and land pollution thereby endangering forest, genepool reserves, vegetation and living creatures and that those activities should not be carried out at close proximity so that our natural resources can be protected, and on being further satisfied ..... units are existing since the year 1984/1993/1994 on the basis of valid permissions issued by the director, kaziranga national park / director/divisional forest officer, eastern assam wildlife division, bokakhat and / or agreement executed by divisional forest officer, eastern assam wildlife division, bokakhat and that they are running stone crusher units on the basis of consent issued by the pollution control ..... , and is concerned about the ecology of the area and future of the indian rhino, elephant and wide species of flora and fauna available in the kaziranga national ..... are directly released through surface drains without any treatment .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... time to time. 8. now, therefore, pending detailed scrutiny of each of these 139 cases, including that of yours, and taking an appropriate decision thereon in each case, after following due procedure, it is hereby directed under section 5 of the environment (protection) act, 1986 that the environment clearance accorded in respect of each of these 139 cases by moef be kept in abeyance with immediate effect and until further orders ..... stated that the two conditions mentioned in the notice had been violated and they related to the following: (i) no change in mining technology and scope of working shall be made without prior approval of the ministry of environment and forests, and (ii) no change in the calendar plan including excavation, quantum of mineral, iron ore and waste shall be made. 34 ..... the central government, in exercise of the powers vested in it under section 5 of the act, issued an order directing that the environmental clearance recorded in respect of each of the 139 cases be kept in abeyance with immediate effect and until further orders, pending detailed scrutiny of each ..... . explains the expression public interest as the general welfare of the public that warrants recommendation and direction; something in which the public as a whole has a stake or an interest that justifies ..... which the appellant claims to have received for mining from the indian bureau of mines, the period is valid upto 2027 ..... manager (pj), indian oil ..... which had even been tabled before the indian parliament. b .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... holders who were found violating the provisions of water (prevention and control of pollution) act, 1974 and air (prevention and control of pollution) act, 1981 as well as the ml conditions and forest act and even revoking their licence if repeatedly found violating the provisions of law. ii ..... we direct that a meeting may be convened immediately at the highest level under the chairmanship of the chief secretary to the government of madhya pradesh involving the officials of the state forest department, national tiger conservation authority, officer in-charge of regional office, moef, bhopal, principal secretaries, environment and mines and minerals, government of madhya pradesh, chairman, state pollution control ..... mls were sanctioned in the 'forest land' after obtaining permission of the central government under section 2 of the forest (conservation) act 1980. ..... placed at annexure r-2 of the affidavit) are not under operation and prosecution against the following 8 units which were found operating without obtaining consent from the mppcb and also against the concerned mining officer for allowing lease holders to continue mining operations without obtaining consent from mppcb, has been launched. i. ..... these dolomite mines are doing open cast mining as per the mining plan approved by the indian bureau of mines (ibm). ..... section 3 of the environment (protection) act, 1986 gives powers to the central government to take all measures which if feels are necessary for protecting and improving the .....
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