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. .....
Tag this Judgment!Court : Karnataka
..... bench of this court, after referring to the principles evolved in various international conferences and to the concept of sustainable development , inter alia, held that the precautionary principle and polluter-pays principle have now emerged and govern the law in our country, as is clear from articles 47, 48-a and 51-a(g) of our constitution and that, in fact, in the various environmental statutes including the environment (protection) act ..... the "cauvery calling" project and "rally for rivers" have received the support and commendations of several organizations such as the united nations environment program (unep), the united nations ..... distributed by isha outreach s nurseries for planting in the year 2019-20 because of the impetus provided by the ..... the principles noticed in vellore citizens' welfare forum case [(1996) 5 scc647 the same have been explained in more detail with a view to enable the courts and the tribunals or environmental authorities to properly apply the said principles in the ..... the trust is registered with the income tax department as per section 12aa and section 80g of the income tax act, 1960 and this court by an order dated 11.6.2020 has allowed the ..... the green school movement with the objective of building both environmental awareness and involvement amongst ..... sharma, ias retd, md of small farmers agri business consortium, ministry of agriculture, govt.of india.6) mr.b.muthuraman ..... the state of forest report 1995 published by the forest survey of india when compared with the .....
Tag this Judgment!Court : Karnataka
..... this petition coming on for orders this day, the chief justice, made the following: order learned counsel appearing for the respondent no.2 has contended, at the outset, that the grievance as suggested in this writ petition squarely falls within the jurisdiction of the national green tribunal ( the tribunal ) by virtue of section 16 w.p.no.2635/2017 - 3 - of the national green tribunal act, 2010 ( the act of 2010 ), particularly clause (g) thereof. ..... we may also indicate that under section 14 of the act of 2010, the tribunal has the jurisdiction over all civil cases, where a substantial question relating to environment is involved; and such question arises out of the implementation w.p.no.2635/2017 - 4 - of the enactments specified in schedule i. ..... the said clause (m) of section 2 of the act of 2010, reads as under: substantial question (m) environment shall include an instance where,- relating to (i) there is a direct violation of a specific statutory environmental obligation by a person by which,- the gravity of damage (a) the community at large other than an individual or group of individuals is affected or likely to be affected by the environmental consequences; or (b) environment or property is substantial; or (c) the damage to public health is broadly measurable; (ii) the environmental consequences relate to a specific activity or a point source of pollution; thus, it is but clear that the issues sought to be raised the to in this petition would well .....
Tag this Judgment!Court : Karnataka
..... the first contention raised in the statement of objections is that the writ petition involves environmental issues and the matters covered under the national green tribunal act, 2010 (for short the ngt act ) and, therefore, it was submitted that this court ought not to have entertained the writ petitions. ..... condition (gc) reads thus: general condition (gc): any project or activity specified in category b will be treated as category a if located in whole or in part within 10 km from the boundary of: (i) protected areas notified under the wildlife (protection) act, 1972; (ii) critically polluted areas as identified by the central pollution control board from time to time; (iii) eco-sensitive areas as notified under section 3 of the environment (protection) act, 1986, such as, mahabaleshwar panchgani, matheran, pachmarhi, dahanu, doon valley, and (iv) inter-state boundaries and international boundaries: ..... therefore, even if writ petition no.2336/2020 is not treated as a public interest litigation in view of the fact that some of the members of the petitioner may be personally affected on account of 2nd stage development project, this court is of the considered view that this petition (wp.no.2336/2020) can always be entertained by the green bench, as a writ petition filed under article 226 of the constitution of india. ..... he also relied on another decision of the apex court 2 (1995) 2 scc577- 34 - in the case of bihar eastern gangetic fishermen co- operative society ltd. .....
Tag this Judgment!Court : Karnataka
..... the first contention raised in the statement of objections is that the writ petition involves environmental issues and the matters covered under the national green tribunal act, 2010 (for short the ngt act ) and, therefore, it was submitted that this court ought not to have entertained the writ petitions. ..... condition (gc) reads thus: general condition (gc): any project or activity specified in category b will be treated as category a if located in whole or in part within 10 km from the boundary of: (i) protected areas notified under the wildlife (protection) act, 1972; (ii) critically polluted areas as identified by the central pollution control board from time to time; (iii) eco-sensitive areas as notified under section 3 of the environment (protection) act, 1986, such as, mahabaleshwar panchgani, matheran, pachmarhi, dahanu, doon valley, and (iv) inter-state boundaries and international boundaries: ..... therefore, even if writ petition no.2336/2020 is not treated as a public interest litigation in view of the fact that some of the members of the petitioner may be personally affected on account of 2nd stage development project, this court is of the considered view that this petition (wp.no.2336/2020) can always be entertained by the green bench, as a writ petition filed under article 226 of the constitution of india. ..... he also relied on another decision of the apex court 2 (1995) 2 scc577- 34 - in the case of bihar eastern gangetic fishermen co- operative society ltd. .....
Tag this Judgment!Court : Karnataka
..... the bench having examined the provisions of section 4 of the 1974 act and apex court decision in techi tagi tara supra, repelled the challenge to the validity of said guidelines. ..... he stands out amongst the candidates considered as he possesses special knowledge and practical experience in maximum areas in respect of matters relating to environmental pollution and has work experience in the following fields.1) sustainable mining, environment management plan, reclamation and rehabilitation of mines.2) control/mitigation related to air, water and noise pollution.3) preparation of disaster management plan4) environment impact assessment.5) management and standard operating procedure for laboratories.6) preparation of "carrying capacity study" report.7) coastal zone management studies ..... the apex court while dealing with a challenge to the order passed by the national green tribunal (for short the ngt) had recorded its dissatisfaction about the manner in which appointments were made to the state pollution control boards. ..... . after general elections to the legislative assembly in may 2023, a registered & recognized national political party that was in opposition earlier, returned to power, is a matter of public record .....
Tag this Judgment!Court : Karnataka
..... the bench having examined the provisions of section 4 of the 1974 act and apex court decision in techi tagi tara supra, repelled the challenge to the validity of said guidelines. ..... he stands out amongst the candidates considered as he possesses special knowledge and practical experience in maximum areas in respect of matters relating to environmental pollution and has work experience in the following fields.1) sustainable mining, environment management plan, reclamation and rehabilitation of mines.2) control/mitigation related to air, water and noise pollution.3) preparation of disaster management plan4) environment impact assessment.5) management and standard operating procedure for laboratories.6) preparation of "carrying capacity study" report.7) coastal zone management studies ..... the apex court while dealing with a challenge to the order passed by the national green tribunal (for short the ngt) had recorded its dissatisfaction about the manner in which appointments were made to the state pollution control boards. ..... . after general elections to the legislative assembly in may 2023, a registered & recognized national political party that was in opposition earlier, returned to power, is a matter of public record .....
Tag this Judgment!Court : Karnataka
..... the bench having examined the provisions of section 4 of the 1974 act and apex court decision in techi tagi tara supra, repelled the challenge to the validity of said guidelines. ..... he stands out amongst the candidates considered as he possesses special knowledge and practical experience in maximum areas in respect of matters relating to environmental pollution and has work experience in the following fields.1) sustainable mining, environment management plan, reclamation and rehabilitation of mines.2) control/mitigation related to air, water and noise pollution.3) preparation of disaster management plan4) environment impact assessment.5) management and standard operating procedure for laboratories.6) preparation of "carrying capacity study" report.7) coastal zone management studies ..... the apex court while dealing with a challenge to the order passed by the national green tribunal (for short the ngt) had recorded its dissatisfaction about the manner in which appointments were made to the state pollution control boards. ..... . after general elections to the legislative assembly in may 2023, a registered & recognized national political party that was in opposition earlier, returned to power, is a matter of public record .....
Tag this Judgment!Court : Karnataka
..... the bench having examined the provisions of section 4 of the 1974 act and apex court decision in techi tagi tara supra, repelled the challenge to the validity of said guidelines. ..... he stands out amongst the candidates considered as he possesses special knowledge and practical experience in maximum areas in respect of matters relating to environmental pollution and has work experience in the following fields.1) sustainable mining, environment management plan, reclamation and rehabilitation of mines.2) control/mitigation related to air, water and noise pollution.3) preparation of disaster management plan4) environment impact assessment.5) management and standard operating procedure for laboratories.6) preparation of "carrying capacity study" report.7) coastal zone management studies ..... the apex court while dealing with a challenge to the order passed by the national green tribunal (for short the ngt) had recorded its dissatisfaction about the manner in which appointments were made to the state pollution control boards. ..... . after general elections to the legislative assembly in may 2023, a registered & recognized national political party that was in opposition earlier, returned to power, is a matter of public record .....
Tag this Judgment!Court : Karnataka
..... the bench having examined the provisions of section 4 of the 1974 act and apex court decision in techi tagi tara supra, repelled the challenge to the validity of said guidelines. ..... he stands out amongst the candidates considered as he possesses special knowledge and practical experience in maximum areas in respect of matters relating to environmental pollution and has work experience in the following fields.1) sustainable mining, environment management plan, reclamation and rehabilitation of mines.2) control/mitigation related to air, water and noise pollution.3) preparation of disaster management plan4) environment impact assessment.5) management and standard operating procedure for laboratories.6) preparation of "carrying capacity study" report.7) coastal zone management studies ..... the apex court while dealing with a challenge to the order passed by the national green tribunal (for short the ngt) had recorded its dissatisfaction about the manner in which appointments were made to the state pollution control boards. ..... . after general elections to the legislative assembly in may 2023, a registered & recognized national political party that was in opposition earlier, returned to power, is a matter of public record .....
Tag this Judgment!