Court : Kerala
..... of the powers conferred by sub-section(1) and clause (v) of sub-section (2) of section 3 of the environment (protection)act, 1986 (29 of 1986) read with sub-rule (4) of rule 5 of the environment (protection rules), 1986, the central government hereby makes the following further amendment to the notification of the government of india, in the ministry of environment and forests number s.o.1553(e) dated 14th september, 2006 after having dispensed with the requirement of notice under clause (a) of sub-rule (3) of the said rule 5 in public interest, namely:- in the said notification, in the schedule, for item 1 (a) and entries relating thereto, the ..... for the purpose of this case it is not necessary for us to enter into the issue as to whether direction of the national green tribunal in its order dated 13.01.2015 is inoperative or invalid, since we have already held that in view of the direction of the government of india, ministry of environment and forests dated 18.05.2012 read with the judgment of the apex court in deepak kumar's case (supra) now it is mandatory to obtain environmental clearance of mining lease for an area less than 5 hectares.63 ..... w.p(c).no.7109 of 2014 has been filed by the petitioner seeking a mandamus directing the respondents not to interfere in the business of the petitioner in mining sand with the help of mechanised devices.20. ..... the learned single judge after noticing the contentions of the parties by order dated 12.03.2014 referred the matter to division bench .....
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..... section 22 of the national green tribunal act, 2010 [for brevity "the act"] provides an appeal to the supreme court, on any one or more of the grounds specified in section 100 of the code of civil procedure, 1908. ..... (c).no.22051 of 2015-f ------------------------------------------- dated this the 27th day of july, 2015 judgment the writ petition is filed by the petitioner on the ground that the order obtained from the national green tribunal [for brevity "ngt"], produced at exhibit p6, is a fraud played on the tribunal, since the 6th respondent's brother had been consistently before this court on earlier occasions, alleging that the petitioner did not have the proper licenses. ..... in madras bar association (supra) also, the hon'ble supreme court was considering with an enactment, which sought to substitute the powers conferred under article 226 and 227 of the constitution, by constituting a national tax tribunal, which was set aside. ..... in such circumstance, this court would not speak on the merits of the matter and would leave the petitioner to the remedies either before the tribunal itself or before the hon'ble supreme court, while declining the exercise of extra-ordinary jurisdiction. ..... now, the tribunal's jurisdiction is sought to be invoked on the ground that the operations carried on by the petitioner is harmful to the environment.2. .....
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..... (c).nos.4783, 6338 and 6361 of 2014 -:8:- pursuant thereto, by an interim order passed on 27.9.2013 the national green tribunal, principal bench, new delhi restrained digging of brick earth or ordinary earth against the directives issued by the ministry of environment and forests in its office memorandum dated 24.6.2013 in any part of the country without obtaining environmental clearance from the competent authority. ..... the impact of the amendment to section 14 of the mines and minerals (development and regulation) act, 1957 by act 37 of 1986 with effect from 10.2.1987 also arises for consideration. ..... the state governments and uts also should take immediate steps to frame necessary rules under section 15 of the mines and minerals (development and regulation) act, 1957 taking into consideration the recommendations of moef in its report of march 2010 and model guidelines framed by the ministry of mines, government of india. ..... as per section 9 of the said act, the total quantity of sand that can be removed from a 'kadavu' (meaning a river bank or water body where removal of sand is carried out) or river bank giving due regard to the guidance of expert agencies like the centre for earth science studies (now ncess) and centre for water resources development and management (cwrdm), or other w.p. ..... by virtue of the said amendment, section 14 of the act applies to quarrying leases and mining leases and other mineral concessions granted in respect of minor minerals. .....
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..... the central government as noted above, by virtue of section 3 is entitled to subject to the provisions of this act, the central government shall have the power to take all such measures as it deems necessary or expedient for the purpose of protecting and improving the quality of the environment and preventing controlling and ..... reference to order of the national green tribunal dated 13.01.2015 has also been made by which the national green tribunal directed all the state governments not to grant mining permit ..... proviso to rule 12 inserted by notification dated 05.10.2015 cannot be said to be in accordance with the law laid down by the division bench of this court in all kerala river protection council's case as well as najeeb's case (supra) ..... there is no such law laid down by the division bench in all kerala river protection council's case or deepak kumar's case (supra) that in so far as permits are concerned at the time of renewal of permits subsequent to the judgment of the apex court in deepak kumar's case (supra) and the office memorandum dated 18.05.2012, they do not require ..... the division bench of this court in all kerala river protection council's case (supra) has elaborately considered the office memorandum dated 18.05.2012 and has held that the above order issued by the moef was not confined only to implementation of the judgment of the apex court in deepak kumar's case (supra) rather it introduced a mechanism for obtaining environmental clearance for lease area having .....
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..... in pursuance thereof, the government, in consultation with the registrar, high court of kerala and registrar, national green tribunal have taken necessary steps to provide all the necessary requisites sought by the tribunal to set up the bench. ..... " wp(c).4150 & 6218/15 4 in the above statement it has been stated that the state in its turn has taken all measures for setting up of the circuit bench at ernakulam and it is the time for the national green tribunal to start sitting at ernakulam at the earliest. ..... in the statement filed on behalf of the sixth respondent details of arrangements provided to set up the circuit bench of the national green tribunal have been enumerated ..... 4150 and 6218 of 2015 ---------------------------------------------- dated this the 9th july, 2015 judgement ashok bhushan, cj.these two writ petitions have been filed as public interest litigations seeking a direction to take immediate steps to commence sitting of the circuit bench of the national green tribunal at ernakulam.2. ..... 4150 of 2015 (r) --------------------------- appendix petitioner(s)' exhibits ----------------------- exhibit-p1: true copy of the notification of the central government (ministry of environment and forest) appeared in the gazette of india notifying the ngt act. ..... , exhibit-p11: true copy of representation preferred by the petitioner before the secretary, ministry of environment and forest dated811.2013. ..... secretary to government of india ministry of environment & forest, new delhi-100001.3. .....
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..... however, the order of the national green tribunal dated 27.09.2013 was noticed in paragraph 67, in which there was a categoric direction to all the chief secretaries of all the states/union territories to ensure strict adherence to the order of the ministry of environment and forests dated 24.06.2013 not to carry out any digging activities without obtaining environmental clearance certificates. ..... the division bench in all kerala wp(c).14495 of 2015 - 7 - river protection council (supra) specifically noticed those government orders issued by the government of kerala, wherein leases on lands for a period not exceeding one year was allowed without any environmental clearance from the ministry of environment and forests. ..... the operative portion of the judgment lists out the conclusions of the division bench in the following manner: (i) in case where quarrying/mining/lease which were existing on the date of issuance of notification dated 14.09.2006 or on the date of issue of the order dated 18.05.2012 by the government of india, ministry of environment and forests with regard to area less than 5 hectares no environmental clearance with regard to extraction of minor mineral is required. ..... (iii) by amendment of section 14 by act 37 of 1986 making section 4 applicable to minor minerals also the provision contained in section 4 shall be applicable to mining operations by a person holding mining lease or any wp(c).14495 of 2015 - 4 - other kind of mineral concession. .....
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..... submitted that in view of the division bench judgment which also considered the kerala minor mineral concession rules, 2015, no mining permit under rules 2015 can be granted except after obtaining environmental clearance from the state environment impact assessment committee. ..... order dated 10.01.2014 cannot be relied on by the parties in view of the restraint order issued by the national green tribunal dated 27.09.2013 till such time the restraint order continues. ..... (i) in case where quarrying/mining/lease which were existing on the date of issuance of notification dated 14.09.2006 or on the date of issue of the order dated 18.05.2012 by the government of india, ministry of environment and forests with regard to area less than 5 hectares no environmental clearance with regard to extraction of minor ..... any dispute that no one can be allowed to do mining operations unless all necessary permits including the environmental clearance as per 2015 rules are obtained and the division bench of this court in the aforesaid case has already issued directions to the district collector to take appropriate measures. ..... (iii) by amendment of section 14 by act 37 of 1986 making section 4 applicable to minor minerals also the provision contained in section 4 shall be applicable to mining ..... 20267 of2015-:4:- of environmental protection act, 1986 and kerala minor mineral concession rules, 2015 has laid down that mining operations after getting permit under 2015 rules have to be carried out only after .....
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..... government order dated 10.01.2014 cannot be relied on by the parties in view of the restraint order issued by the national green tribunal dated 27.09.2013 till such time the restraint order continues. ..... state of haryana and others (supra) as well as the orders issued by the central government which were referable to environment protection act, 1986 recorded its conclusion in paragraph 82 which is extracted below: ..... thus have no doubt that if any of the conditions in the second proviso to section 3(1) exists all regulatory regime of the mines act come into operation and further more the mining permit itself is made subject to the aforesaid provisions. ..... the division bench had occasion to consider all aspects of the mining operations in the state by lease or mining permit as well as the consequences of the ..... in view of the law laid down by the division bench as above, no mining operations by mining permit is permissible without obtaining environmental clearance as required by notification dated 14.09.2006 read with the order of the central government dated 18.05.2012 ..... when it has been held by the division bench that no mining operation can be undertaken without obtaining environmental clearance subsequent to the date as mentioned above, no mining operation can be carried out by any permit holder without obtaining ..... as noted above all aspects of the mining operations in the state of kerala have been considered in detail by the division bench of this court in all kerala river protection .....
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..... the learned government pleader points out that the division bench has made clear that the government order dated 10.01.2014 cannot be relied on by the parties in view of the restraint order issued by the national green tribunal dated 27.09.2013 till such time the restraint order continues ..... (vii) interim order passed by the apex court on 27.01.2012 was intended by the supreme court to operate till the rules have been framed by the states taking into consideration the guidelines and recommendations of the ministry of environment and forests. ..... (i) in case where quarrying/mining/lease which were existing on the date of issuance of notification dated 14.09.2006 or on the date of issue of the order dated 18.05.2012 by the government of india, ministry of environment and forests with regard to area less than 5 hectares no environmental clearance with regard to extraction of minor mineral is required ..... (iii) by amendment of section 14 by act 37 of 1986 making section 4 applicable to minor minerals also the provision contained in section 4 shall be applicable to mining operations by a person holding mining lease or any other kind of mineral concession ..... (vi) the notification dated 14.09.2006 having been applied vide order dated 18.05.2012 of the government of india, ministry of environment and forests all mining operations for new project and new activities for an area less than 5 hectares after 18.05.2012 required environmental clearance carried through either a mining lease or mining .....
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..... it is also pointed out that, the unauthorised running of the unit was taken up by the aggrieved parties of the locality, by approaching the national green tribunal, southern zone, chennai, by filing application no.371/2013 (sz) (thc). ..... the writ petition stands dismissed accordingly, however without prejudice to the rights and liberties of the petitioners to pursue the matter before the national green tribunal, chennai, where the issue is pending. p.r. ..... after looking into the averments made, the tribunal is able to see a substantial question connected to and concerned with environment and ecology. ..... (c) no.1670 of 2015 --------------------------------------- dated this the 11th of february, 2015 judgment ext.p29 closure intention notice, followed by ext.p30 closure order passed under section 33a of the water (prevention and control of pollution) act, 1974, to stop all operations and processes in the industry with immediate effect and ext.p31 communication issued by the electricity board, whereby power supply was disconnected on 09.01.2015, pursuant to the direction given by the pollution control board based on ext.p13, are under challenge ..... (c) no.1670 of 2015 7 was never challenged by the petitioners and it was without getting any further consent, that the unit was being run quite unauthorisedly; thus in violation of all relevant provisions of law, causing much threat to the environment, on diverting the untreated serum to the water bodies. .....
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