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Judgment Search Results Home > Cases Phrase: national environment tribunal act 1995 section 18 distribution of business amongst the benches Court: jharkhand

Nov 16 2016 (HC)

Ms R D S Bricks Through Its Proprietor Sunil Kumar Singh Vs. The State ...

Court : Jharkhand

..... learned counsel for the state has also pointed out that all these activities came within the definition of the 'substantial questions relating to environment', as defined in section 2(m) of the national green tribunal act, 2010, which fall within the jurisdiction of the national green tribunal to adjudicate the matter. ..... it is also pointed by learned counsel for the state that schedule-1 of the national green tribunal act contains environment (protection) act, 1986, and the notification dated 29.3.2012 declaring the area up to five kilometers from the boundary of the protected dalma wildlife sanctuary as eco-sensitive zone, has been issued under the environment (protection) act. ..... keeping in view the provisions and scheme of the national green tribunal act, 2010 (for short the ngt act ) particularly sections 14, 29, 30 and 38(5), it can safely be concluded that the en- vironmental issues and matters covered under the ngt act, sched- ule i should be instituted and litigated before the national green tribunal (for short ngt ). ..... it is further pointed out that the composition of the national green tribunal, as prescribed 7 under section 4 of the national green tribunal act, consists of chairman, judicial members and several expert members, and it is for the expert members to see whether brick kilns run by the appellants, ought to have been permitted within the dalma eco-sensitive zone or not. .....

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Nov 16 2016 (HC)

Ms Dinkar Bricks Through Its Proprietor Sunil Kumar Singh Vs. The Stat ...

Court : Jharkhand

..... learned counsel for the state has also pointed out that all these activities came within the definition of the 'substantial questions relating to environment', as defined in section 2(m) of the national green tribunal act, 2010, which fall within the jurisdiction of the national green tribunal to adjudicate the matter. ..... it is also pointed by learned counsel for the state that schedule-1 of the national green tribunal act contains environment (protection) act, 1986, and the notification dated 29.3.2012 declaring the area up to five kilometers from the boundary of the protected dalma wildlife sanctuary as eco-sensitive zone, has been issued under the environment (protection) act. ..... keeping in view the provisions and scheme of the national green tribunal act, 2010 (for short the ngt act ) particularly sections 14, 29, 30 and 38(5), it can safely be concluded that the en- vironmental issues and matters covered under the ngt act, sched- ule i should be instituted and litigated before the national green tribunal (for short ngt ). ..... it is further pointed out that the composition of the national green tribunal, as prescribed 7 under section 4 of the national green tribunal act, consists of chairman, judicial members and several expert members, and it is for the expert members to see whether brick kilns run by the appellants, ought to have been permitted within the dalma eco-sensitive zone or not. .....

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Nov 16 2016 (HC)

Ms G S Enterprises Through Its Partner Sunit Ghosh Vs. The State of Jh ...

Court : Jharkhand

..... learned counsel for the state has also pointed out that all these activities came within the definition of the 'substantial questions relating to environment', as defined in section 2(m) of the national green tribunal act, 2010, which fall within the jurisdiction of the national green tribunal to adjudicate the matter. ..... it is also pointed by learned counsel for the state that schedule-1 of the national green tribunal act contains environment (protection) act, 1986, and the notification dated 29.3.2012 declaring the area up to five kilometers from the boundary of the protected dalma wildlife sanctuary as eco-sensitive zone, has been issued under the environment (protection) act. ..... keeping in view the provisions and scheme of the national green tribunal act, 2010 (for short the ngt act ) particularly sections 14, 29, 30 and 38(5), it can safely be concluded that the en- vironmental issues and matters covered under the ngt act, sched- ule i should be instituted and litigated before the national green tribunal (for short ngt ). ..... it is further pointed out that the composition of the national green tribunal, as prescribed 7 under section 4 of the national green tribunal act, consists of chairman, judicial members and several expert members, and it is for the expert members to see whether brick kilns run by the appellants, ought to have been permitted within the dalma eco-sensitive zone or not. .....

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Nov 16 2016 (HC)

Ms Sona Bricks Through Its Proprietor Bipendra Singh Vs. The State of ...

Court : Jharkhand

..... learned counsel for the state has also pointed out that all these activities came within the definition of the 'substantial questions relating to environment', as defined in section 2(m) of the national green tribunal act, 2010, which fall within the jurisdiction of the national green tribunal to adjudicate the matter. ..... it is also pointed by learned counsel for the state that schedule-1 of the national green tribunal act contains environment (protection) act, 1986, and the notification dated 29.3.2012 declaring the area up to five kilometers from the boundary of the protected dalma wildlife sanctuary as eco-sensitive zone, has been issued under the environment (protection) act. ..... keeping in view the provisions and scheme of the national green tribunal act, 2010 (for short the ngt act ) particularly sections 14, 29, 30 and 38(5), it can safely be concluded that the en- vironmental issues and matters covered under the ngt act, sched- ule i should be instituted and litigated before the national green tribunal (for short ngt ). ..... it is further pointed out that the composition of the national green tribunal, as prescribed 7 under section 4 of the national green tribunal act, consists of chairman, judicial members and several expert members, and it is for the expert members to see whether brick kilns run by the appellants, ought to have been permitted within the dalma eco-sensitive zone or not. .....

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Nov 16 2016 (HC)

Pawan Kumar Singh Vs. The State of Jharkhand and Ors

Court : Jharkhand

..... learned counsel for the state has also pointed out that all these activities came within the definition of the 'substantial questions relating to environment', as defined in section 2(m) of the national green tribunal act, 2010, which fall within the jurisdiction of the national green tribunal to adjudicate the matter. ..... it is also pointed by learned counsel for the state that schedule-1 of the national green tribunal act contains environment (protection) act, 1986, and the notification dated 29.3.2012 declaring the area up to five kilometers from the boundary of the protected dalma wildlife sanctuary as eco-sensitive zone, has been issued under the environment (protection) act. ..... keeping in view the provisions and scheme of the national green tribunal act, 2010 (for short the ngt act ) particularly sections 14, 29, 30 and 38(5), it can safely be concluded that the en- vironmental issues and matters covered under the ngt act, sched- ule i should be instituted and litigated before the national green tribunal (for short ngt ). ..... it is further pointed out that the composition of the national green tribunal, as prescribed 7 under section 4 of the national green tribunal act, consists of chairman, judicial members and several expert members, and it is for the expert members to see whether brick kilns run by the appellants, ought to have been permitted within the dalma eco-sensitive zone or not. .....

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Nov 16 2016 (HC)

Amitava Sen Vs. The State of Jharkhand and Ors

Court : Jharkhand

..... learned counsel for the state has also pointed out that all these activities came within the definition of the 'substantial questions relating to environment', as defined in section 2(m) of the national green tribunal act, 2010, which fall within the jurisdiction of the national green tribunal to adjudicate the matter. ..... it is also pointed by learned counsel for the state that schedule-1 of the national green tribunal act contains environment (protection) act, 1986, and the notification dated 29.3.2012 declaring the area up to five kilometers from the boundary of the protected dalma wildlife sanctuary as eco-sensitive zone, has been issued under the environment (protection) act. ..... keeping in view the provisions and scheme of the national green tribunal act, 2010 (for short the ngt act ) particularly sections 14, 29, 30 and 38(5), it can safely be concluded that the en- vironmental issues and matters covered under the ngt act, sched- ule i should be instituted and litigated before the national green tribunal (for short ngt ). ..... it is further pointed out that the composition of the national green tribunal, as prescribed 7 under section 4 of the national green tribunal act, consists of chairman, judicial members and several expert members, and it is for the expert members to see whether brick kilns run by the appellants, ought to have been permitted within the dalma eco-sensitive zone or not. .....

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Nov 16 2016 (HC)

Arun Kumar Vs. The State of Jharkhand and Ors

Court : Jharkhand

..... learned counsel for the state has also pointed out that all these activities came within the definition of the 'substantial questions relating to environment', as defined in section 2(m) of the national green tribunal act, 2010, which fall within the jurisdiction of the national green tribunal to adjudicate the matter. ..... it is also pointed by learned counsel for the state that schedule-1 of the national green tribunal act contains environment (protection) act, 1986, and the notification dated 29.3.2012 declaring the area up to five kilometers from the boundary of the protected dalma wildlife sanctuary as eco-sensitive zone, has been issued under the environment (protection) act. ..... keeping in view the provisions and scheme of the national green tribunal act, 2010 (for short the ngt act ) particularly sections 14, 29, 30 and 38(5), it can safely be concluded that the en- vironmental issues and matters covered under the ngt act, sched- ule i should be instituted and litigated before the national green tribunal (for short ngt ). ..... it is further pointed out that the composition of the national green tribunal, as prescribed 7 under section 4 of the national green tribunal act, consists of chairman, judicial members and several expert members, and it is for the expert members to see whether brick kilns run by the appellants, ought to have been permitted within the dalma eco-sensitive zone or not. .....

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May 19 2009 (HC)

Central Coalfields Ltd. Vs. the State of Bihar and anr.

Court : Jharkhand

Reported in : 2009(57)BLJR2139; (2009)IVLLJ774Jhar

..... the provisions under section 2(k)(i) and under section 2(m)(i) and (ii) of the factories act, 1948 is not at all applicable but instead it is covered under the inclusive definition under section 2(j) of the mines act, 1952 as well as under section 2(h) of the coal nationalization act since the water treatment plant is installed for ancillary purposes for its use in syal-d colliery and hence it falls within the definition of section 2(j) of the mines act. ..... by virtue of section 3 of the coal nationalization act, the right, title and interest of owners in relation to the coal mines specified in the schedule is to transfer to and vested absolutely in the central government free from encumbrance from the appointed date i.e. ..... in other words, we have to interpret the word 'precincts' in the exemption notification to mean the surrounding region or area, as defined in collin's english dictionary or the surroundings or environs of a place as defined in new shorter oxford english dictionary. ..... hence the view taken by the tribunal is, with due respect to it, clearly erroneous.however, at para-23 and 24 it held as under:23. ..... madan lal agrawal) wherein a bench of three hon'ble judges settled the conflicting law and judgments on the issue. .....

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Jul 07 2003 (HC)

Employer in Relation to the Management of Central Mine Planning and De ...

Court : Jharkhand

Reported in : [2003(3)JCR647(Jhr)]

..... the industrial tribunal went beyond the scope of reference; (b) section 25f of the industrial disputes act could not have been made applicable in view of section 2(oo) (bb) and (c) the petitioner, not being an industry and being an institute which provides technical know-how and expertise is exempted from the applicability clause because it cannot be said to be an industry for purpose of business ..... systems in various coal mining environments' was assigned by undp to india and the executing agency of the said project was the department of coal, government of india, the said department of coal in turn appointed the petitioner as the implementing agency/executing agency and an agreement to that effect was executed for the said project in march 1986 and initially the project was to be ..... the termination ofthe concerned workman with effect from30.6.1992, an advise was given to the effectthat for purposes of completing the work inrajmahal and wardha, workmen should berequisitioned from amongst the ..... the production, supply or distribution of goods or services with a view to satisfy human wants or wishes (not being wants or wishes which are merely spiritual or religious in nature), whether or not,-- (i) any capital has been invested for the purpose of carrying on such activity; or (ii) such activity is carried on with a motive to make any gain or profit, and includes- (a) any activity of the dock labour board established under section 5a of the dock workers (regulation of employment) act .....

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