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. .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... respondent no.3, therefore, pleads that the present applicants have challenged the permissions/noc granted to them dated 7-12-1999 and 11-4-2000 respectively, and therefore, as per the provisions of section 14 sub-section 3 of national green tribunal act 2010, both these applications are hopelessly barred by limitation as the first cause of action arose on 11-4-2000, much beyond the time specified for limitation under section 14 of the ngt act. 9. ..... the abstract of such observations and actions as submitted by the applicants is as under: (i) paragraph 10 of the affidavit dated 13-3-2014: "i state that in light of the above 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". ..... in rauf ahmed vs state of chhattisgarh and others (appeal no.1 of 2003), a coordinate bench of this tribunal (central zone bench, bhopal) held that "the period of limitation cannot be extended by the tribunal, in view of the language used in section 16 of the ngt act, 2010. .....
Tag this Judgment!Court : Delhi
Reported in : 158(2009)DLT477
..... the following order was passed by this court:by order dated 29th september, 2005, the division bench of this court directed the union of india and all its concerned functionaries to take requisite steps for clearing the proposals related to the appointment of the chairman of the appellate authority under the national environment appellate authority act 1997 and other technical members and reconstitute the ..... in the scheme of the statement of objects and reasons to the neaa act appended to the bill, it is stated as under:clause (v) of sub-section (2) of section 3 of the environment (protection) act, 1986 empowers the central government to impose restrictions in the areas in which any industries, operations or class of industries, operations or processes shall not be carried out or ..... the number of tribunals that have been created by the union of india even subsequent to the neaa act, and given the fact that the chairpersons of many such tribunals have been extended the terms applicable to a sitting supreme court judge which includes providing the appropriate official accommodation, the excuse of shortage of accommodation only for the chairperson of the ..... section 6 states that in the absence of the chairperson, the functions of such chairperson shall be discharged by the vice-chairperson, section 10 of the act states that no act or proceedings of the neaa shall be questioned or shall be invalid merely on the ground of existence of any vacancy or defect in the establishment of the .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... out subject to certain safeguards under environment (protection) act, 1986 (29 of 1986); (i) an order made, on or after the commencement of the national green tribunal act, 2010, 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 communicated to him, may prefer an appeal to the tribunal; provided that the tribunal may, if it is satisfied that the appellant was not prevented by sufficient cause from filing the appeal within the said period allow it be filed under this section within ..... the distribution of flora and fauna in the given area represents the biological environment ..... bench of honble high court of kerala has already directed the owner of the land that the filling of the paddy land and wetlands should be done only in accordance with law and only after getting necessary statutory clearances from the .....
Tag this Judgment!Court : Delhi
..... it would be seen from a perusal of section 14 of the national green tribunal act, 2010 that before a matter can be brought to the tribunal, it should fulfill two requirements. ..... section 15(1) of the said act provides that the tribunal may, by an order, provide, (a) relief and compensation to the victims of pollution and other environmental damage arising under the enactments specified in the schedule 1, including accident occurring while handling any hazardous substance, (b) for restitution of property damaged and (c) for restitution of the environment for such area or areas, as the tribunal may think fit. ..... considering the provisions of environment protection act, 1986, the environment protection rules, 1986 and the noise pollution (regulation and control) rules, 2000 as also the definition of noise pollutants given in the air (prevention and control of pollution) act, 1981, it can hardly be disputed that these petitions involve a substantial question relating to environment including enforcement of legal rights relating to environment and such questions arise out of the implementation particularly of the environment (protection) act, 1986. .....
Tag this Judgment!Court : Delhi
..... it would be seen from a perusal of section 14 of the national green tribunal act, 2010 that before a matter can be brought to the tribunal, it should fulfill two requirements. ..... section 15(1) of the said act provides that the tribunal may, by an order, provide, (a) relief and compensation to the victims of pollution and other environmental damage arising under the enactments specified in the schedule 1, including accident occurring while handling any hazardous substance, (b) for restitution of property damaged and (c) for restitution of the environment for such area or areas, as the tribunal may think fit. ..... considering the provisions of environment protection act, 1986, the environment protection rules, 1986 and the noise pollution (regulation and control) rules, 2000 as also the definition of noise pollutants given in the air (prevention and control of pollution) act, 1981, it can hardly be disputed that these petitions involve a substantial question relating to environment including enforcement of legal rights relating to environment and such questions arise out of the implementation particularly of the environment (protection) act, 1986. .....
Tag this Judgment!Court : Delhi
..... it would be seen from a perusal of section 14 of the national green tribunal act, 2010 that before a matter can be brought to the tribunal, it should fulfill two requirements. ..... section 15(1) of the said act provides that the tribunal may, by an order, provide, (a) relief and compensation to the victims of pollution and other environmental damage arising under the enactments specified in the schedule 1, including accident occurring while handling any hazardous substance, (b) for restitution of property damaged and (c) for restitution of the environment for such area or areas, as the tribunal may think fit. ..... considering the provisions of environment protection act, 1986, the environment protection rules, 1986 and the noise pollution (regulation and control) rules, 2000 as also the definition of noise pollutants given in the air (prevention and control of pollution) act, 1981, it can hardly be disputed that these petitions involve a substantial question relating to environment including enforcement of legal rights relating to environment and such questions arise out of the implementation particularly of the environment (protection) act, 1986. .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... the commencement of the national green tribunal act, 2010, granting environmental clearance in the area in which any industries, operations or processes or class of industries, operations and processes shall not be carried out or shall be carried out subject to certain safeguards under the environment (protection) act, 1986; ********* may, within a period of thirty days from the date on which the order or decision or direction or determination is communicated to him, prefer an appeal to the tribunal: provided that the tribunal may, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the ..... the provisions of this section came to be interpreted by a bench of this tribunal which has stated the law beyond ambiguity that once there is a delay beyond 90 days, then the tribunal will have no jurisdiction to condone the same unless and until the communication of the order impugned in the appeal is shown not to have been received so late that it falls beyond the period of ..... the said appellant carries on the business of stone crushing, located in district yamuna nagar of the state of haryana and falls under the jurisdiction ..... all the appellants are carrying on the business of stone crushing under different names and styles in the state ..... when it started its business in the year 1996, the appellant had obtained a no objection certificate (for short the noc) from hspcb on 9th ..... is of utmost importance and must prevail over a private business interest. .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... so far as the procedural part is concerned, it may be stated that section 19 of the national green tribunal act 2010 gives flexibility to the tribunal in such matters. ..... the writ petition was thereafter registered as an application under section 14, 15, 16 read with section 18 of the national green tribunal act 2010. ..... apart from the legal position discussed herein above, it would be appropriate to refer section 19 of the national green tribunal act 2010. ..... the provision of section 19 of the national green tribunal act shows that only principles of natural justice need to be followed. ..... counsel shri ravi kadam would submit that the applicants failed to avail appellate remedy by filing an appeal before the national environment appellate authority and therefore, now the said certificate cannot be challenged. ..... , form i/form 1-a including terms of reference proposed by the project proponent, the expert appraisal committee for the concerned sector (in this case -mining) constituted by the ministry of environment and forests, government of india examines the proposal and finalizes the terms of reference including additional terms of reference, if am/ for the environmental impact assessment studies with specific reference to the project location and nature of proposed activities and their likely impacts on various environmental attributes. ..... and performance polymer business whereas jubilant life sciences industry will focus on production of pharmaceutical and life sciences products. .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... drawing our attention to section-11(1) and 11(2) of the national environment appellate authority act, 1997, under which the appeal was filed, it is submitted that, only a person or an association of person, who are likely to be affected by the grant of ec to the proponent, can file an appeal. ..... in its reply scania raised preliminary objection with regard to the locus-standi of the appellants and contended that the present appeal having been filed under the national environment appellate authority act, 1997, the mandatory requirement of the said act has to be considered. ..... though the said act has been repealed and national green tribunal act, 2010 has come into force, the appeal having been filed under the neaa act, 2009, has to be disposed of under the provisions of the said act. 19. ..... the corum of the bench consists of a former judge of the high court and an expert member, who possesses the scientific know-how and also expertised knowledge in the subject. ..... ms agnihotri further submitted that the appellant being a busy body should not be permitted to sit in judgment over the scientific analysis relating to the safety of the project, more so because, competent government authorities possessing sound technical knowledge have taken a decision after due consideration of all the materials available. 15. ..... cricket association of bengal (1995) 2 scc 161, state of u.p. .....
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