Judgment Search Results Home > Cases Phrase: national environment tribunal act 1995 section 18 distribution of business amongst the benches Page 1 of about 210 results (0.428 seconds)

The Court on its own motion Vs. National Highway Authority of India, N ...

Court : Mumbai Nagpur

..... to a pertinent query to shri mandlekar, learned counsel for the intervenor, as to whether there is some provision in the national green tribunal act or the rules framed therein, analogous to the powers of hon'ble chief justice which permits the matter from any of the benches to be transferred to the principal seat or from any of the benches to another bench, the learned counsel has not been in a position to point out any such ..... after the permission is granted by the government of india, ministry of environment under section 2 of the forest conservation act, 1980 there should be no impediment with nhai to proceed further with the project of four-laning of the stretch between mansar and khawasa. ..... it was further observed that after the permission was granted by the ministry of environment under section 2 of the forest conservation act, 1980, there should be no impediment with nhai to proceed further with the project of four-laning of the stretch between mansar and khawasa. ..... on receipt of the said compliance, the ministry of environment and forest, government of india would consider the issue for grant of formal approval under section 2 of the forest (conservation) act, 1980 and pass orders in that regard within a period of three weeks ..... on receipt of the said report, ministry of environment and forest was directed to consider the issue of grant of formal approval under section 2 of the forest (conservation) act, 1980 and pass an order in this regard within a period of three weeks .....

Vellore Citizens Welfare Forums Vs. Union of India rep. by its Secreta ...

Court : Chennai

..... section 38 of the national green tribunal act, 2010, repeals the following enactments: (i) national environment tribunal act, 1995 (ii) national environment appellate authority act, 1997 32. ..... he also submitted on instructions that the union of india is prepared to create an additional bench of the national green tribunal at chennai, so as to handle the volume of work that will arise after the transfer of the claim petitions pending before the loss of ecology authority to the tribunal. ..... but an assurance has been given on behalf of the central government that an additional bench of the national green tribunal would be constituted at chennai, if the pending cases are transferred from loea. ..... (vi) in view of the huge volume of claims now getting transferred to the national green tribunal, the central government shall constitute, at least one additional bench at chennai, as undertaken by the learned additional solicitor general, for the present. ..... (iii) all the claims pending investigation/enquiry on the file of the loea shall stand transferred to the chennai bench of the national green tribunal. ..... therefore, while creating one or more additional benches and having all the pending cases transferred from the loss of ecology authority to the national green tribunal, the government of india shall also consider the absorption of the staff working in the loss of ecology authority, to the extent necessary. 81. .....

A.P. Pollution Control Board Vs. Prof. M.V. Nayadu (Retd.) and Others

Court : Supreme Court of India

Reported in : AIR1999SC812; JT1999(1)SC162; 1999(1)SCALE140; (1999)2SCC718; [1999]1SCR235; 1999(1)LC426(SC)

..... as stated above and we reiterate that there is need to see that in the appellate authority under the water (prevention of pollution) act, 1974, the air (prevention of pollution) act, and the appellate authority under rule 12 of the hazardous wastes (management & handling) rules, 1989, under the notification issued under section 3(3) of the environment (protection) act, 1986 for national capital territory and under section 10 of the national environment tribunal act, 1995 and other appellate bodies, there are invariably judicial and technical members included. ..... again, under the national environmental tribunal act, 1995, which has power to award compensation for death or injury to any person (other than workmen), the said tribunal under section 10 no doubt consists of a chairman who could be a judge or retired judge of the supreme or high court and a technical member. ..... we finally come to the appellate authority under the national environment appellate authority act, 1997. ..... : air1996sc2715 , a three judge bench of this court referred to these changes, to the 'precautionary principle' and the new concept of 'burden of proof in environmental matters. ..... the division bench of the high court in its judgment dated 1.5.1998, held that the writ petitioners who filed the public interest cases could not be said to be having no locus standi to file the writ petitions. .....

Kollidam Aaru Pathukappu Nala Sangam Vs. 1.The Union of India, Rep.by ...

Court : Chennai

..... the national green tribunal was constituted in terms of the provisions of the national green tribunal act, 2010, with the object of providing for the establishment of a tribunal for the effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources, including enforcement of any legal right relating to environment ..... have also pointed out that the right of appeal under section 22 of the national green tribunal act, 2010 is subject to a very serious restriction namely that it should pass the same test as stipulated in section 100 of the civil procedure code namely the existence of a substantial question of ..... both the matters were taken up together by a division bench of the andhra pradesh high court, the high court held that after the decision of the supreme court in l.chandrakumar, section 17 of the administrative tribunals act did not survive and that consequently the administrative tribunals cannot exercise contempt jurisdiction under section 17 ..... moreover, in a federal constitution, the distribution of legislative powers between parliament and the state legislature involves limitation on legislative powers and therefore, this requires an authority other than parliament to ascertain whether such limitations ..... judicial review acts as the final arbiter not only to give effect to the distribution of legislative powers between parliament and the state legislatures, it is also necessary to show any transgression by .....

Sri Shivananda Sharma, Vs. Smt. Shantha Nagesha Rao,

Court : Karnataka

..... the other contention of the learned counsel for the appellants-defendants is that under section 14 of the national green tribunal act, 2010, the tribunal shall have the jurisdiction over all civil cases where a substantial question relating to environment (including enforcement of any legal right relating to 36 environment), is involved and such question arises out of the implementation of the enactments specified in schedule i. ..... hence, it is contended that the trial court, inspite of bar under the water (prevention and control of pollution) act, 1974 as well as with regard to the jurisdiction as provided in the national green tribunal act, 2010 in respect of where substantial question relating to environment (including enforcement of any legal right relating to environment) is involved and such question arises out of the implementation of the enactment specified in the schedule 1, the trial court ought not to have granted the relief.16. ..... no doubt, both the counsels relied upon several judgments regarding jurisdiction, the division bench of this 38 court in the judgment in union of india and others vs. ..... this court would like rely upon the judgment of the national green tribunal principal bench, new delhi in kehar singh vs. ..... the counsel also relied upon the judgment of the division bench of this court in union of india and others vs. .....

Rojer Mathew Vs. South Indian Bank Ltd and Ors Chief Manager

Court : Supreme Court of India

..... the national environment tribunal act, 1995 and national environment appellate authority act ..... bench of this court revisited the challenge to the 1985 act and the power conferred on the parliament or the state legislatures by articles 323a(2)(d) and 323b(3)(d), as the case may be, to exclude the jurisdiction of all courts , except that of this court under article 136 in respect of 4 we do not want to say anything about vice-chairman and members dealt with in sub-sections (2), (3) or (3-a) because so far as their selection is concerned, we are of the ..... the commission should comprise the following members: (i) three serving judges of the supreme court of india nominated by the chief justice of india; (ii) two serving chief justices or judges of the high court nominated by the chief justice of india; (iii) two members to be nominated by the central government from amongst officers holding at least the rank to a secretary to the union government: one of them shall be the secretary to the department of justice who will be the ex- officio convener; and (iv) two independent expert members to be nominated by the union government in consultation with the ..... the house or either house of the legislature of a state, but excluding the matters referred to in article 329 and article 329-a; (g) production, procurement, supply and distribution of foodstuffs (including edible oilseeds and oils) and such other goods as the president may, by public notification, declare to be essential goods for the .....

Vijay Kumar Dubey, Advocate Vs. State of Chhattisgarh and ors.

Court : Chhattisgarh

Reported in : 2003(1)MPHT33(CG)

..... (f) national environment tribunal act, 1995. 6.2. ..... its ideals and institutions, the national flag and the national anthem; (b) to cherish and follow the noble ideals which inspired our national struggle for freedom; (c) to uphold and protect the sovereignty, unity and integrity of india; (d) to defend the country and render national service when called upon to do so; (e) to promote harmony and the spirit of common brotherhood amongst all the people of india transcendingreligious; linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women; (f) to value and preserve the rich heritage of our composite ..... culture; (g) to protect and improve the natural environment .....

Rohit Choudhury Vs. Union of India Through the Secretary Ministry of E ...

Court : National Green Tribunal Principal Bench New Delhi

..... this tribunal is required to decide the controversies applying section 20 of the national green tribunal act, 2010 which casts onerous duty upon this tribunal to consider, if any, precautionary measures can be adopted for eradication of pollution applying the principle of sustainable development. ..... he has approached this tribunal invoking jurisdiction under section 14(1) of the national green tribunal act, 2010, inter-alia, praying for appropriate directions to the authorities to safe guard kaziranga and its ecology. ..... 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 of publication of the notification the expansion of industrial area, township, infrastructural facilities and such other activities which would lead to pollution and congestion shall not be allowed within ..... and ors (1995) 3 scc 434. .....

M.k. Ranjitsinh Vs. Union Of India

Court : Supreme Court of India

..... parliament has enacted the wild life (protection)act 1972, the water (prevention and control of pollution) act 1974, the air (prevention and control of pollution) act 1981, the environment (protection) act 1986, the national green tribunal act 2010, amongst others. ..... the 2015 united nations environment programme report also outlined five human rights obligations related to climate change, including both mitigation and adaptation efforts.22 in 2018, the un special rapporteur on human rights and the environment emphasized that human rights necessitate states to establish effective laws and 21 un human rights office, understanding human rights and climate change. ..... at the same time, it has emerged in the course of the hearing that there is no basis to impose a general prohibition in regard to the installation of transmission lines for the distribution of solar power in an area about 99,000 square kilometres. ..... the chief executive of the ministry of business, innovation and employment,51 the appellant travelled to new zealand from kiribati, a small island country in the pacific ocean, and remained there after his permit expired. ..... 15 energy conservation act 2001, section 14(w). ..... bombay environmental action 17 (1995) 2 scc577 18 (2006) 6 scc371 19 | p age group,19 this court recognised that climate change posed a major threat to the environment.24. .....

M/S. Laxmi Suiting Vs. State of Raj. and ors

Court : Rajasthan Jodhpur

..... (wp no.47599/2011 (gm-res-pil) and wp no.25255/2012 (gm-res-pil) decided on 8.7.2013) respectively transferring the cases contemplated under section 14 of the act to the learned tribunal, in similar 8 circumstances, the learned counsel has drawn the attention of this court as well to the amendments obligated to the legislations catalogued in schedule-iii of the act and also to the corresponding insertions in the related legislations to contend that having regard to the avowed purpose of the national green tribunal act, 2010, the instant proceedings ought to be transferred to the learned tribunal equipped with the necessary expertise to settle the disputes involved therein. ..... ) established under section 3 of the national green tribunal act, 2010 (for short, hereafter referred to as the act .). ..... the recital following 10 the preamble amongst others demonstrates that in order to eventuate the resolutions adopted in the aforestated conferences and to fructify the comprehension of right to healthy environment as an integrant of life envisaged under article 21 of the constitution of india, the national green tribunal has been set up to settle the disputes involving multi- disciplinary issues relating to environment. ..... the writ petitions hitherto pending before the learned single bench have been listed in terms of the order dated 23.9.2013. .....