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 .....
Tag this Judgment!Court : Mumbai Nagpur
..... according to him, the present grievance in writ petition should be raised before the national green tribunal in view of provisions contained in section 14 of the national green tribunal act, 2010. ..... the environment (protection) act, 1986, vide its section 5a, provides for an appeal to the national green tribunal against directions issued under section 5 of the said act. ..... act, same also cannot be looked into by the tribunal constituted under the national green tribunal act, 2010 ..... the national green tribunal act, 2010 has received assent of the hon'ble president on 2.6.2010 and has been brought into force from 18.10.2010. 8 ..... manohar for the petitioners, in reply, relies upon the judgment of the division bench of this court in the case of indian oil corporation ltd ..... in brief reply, learned senior counsel shri aditya sondhi for respondent nos.3 and 4 invites our attention to the judgment of the seven judges bench of the hon'ble apex court in the case of l. ..... he has attempted to draw assistance from order dated 2.12.2013, passed by the division bench of the karnataka high court, in writ petition no.41532 of 2012. 5. ..... this is also seen in a judgment delivered by the division bench of this court reported at 2015 scc online bom 3699 (anil hoble .vrs ..... and others (supra), considers this aspect and other judgments of hon'ble supreme court taking similar view have been followed by the division bench in this judgment. 26. ..... the division bench judgment of this court in case of indian oil corporation ltd .....
Tag this Judgment!Court : Mumbai
..... the present petition, as well as writ petition no.3836/2014 instituted by the respondent no.8-contractor, this court, on 17 april 2014 made the following order: we are satisfied that the order passed by the national green tribunal, western zone, bench pune - (ngt) directly overrides the order passed by the division bench of this court on 8.1.2014 though this order was shown to the ngt and also the other orders passed by the apex court and the high court were brought to the notice of the ..... article 51-a of the constitution enjoins that it shall be the duty of every citizen of india, inter alia, to protect and improve the national environment including forests, lakes, rivers, wildlife and to have ..... been made to the moef for clearance which is still to be disposed of; (iv) the municipal corporation is ready and willing to ensure that in the course of carrying out the project, no dumping shall take place on wetlands / mangroves and that the culverts are widened and regularly maintained so as to obviate a danger to the environment; (v) the municipal corporation has moved the state government for leasing out an additional area belonging to the corporation on a concessional rent under section 92 of the mcgm act 1886 and (vi) the forest department may ..... view of the agreement amongst all the learned senior counsel for the parties, we direct that the order 08.01.2014 passed by the high court shall remain operative and all parties shall act in compliance and in accord with the above order .....
Tag this Judgment!Court : Mumbai Goa
..... solicitor general, submitted that in terms of the said judgment, all the petitioners are bound to approach the national green tribunal constituted under the national green tribunal act, 2010, by filing an appeal under section 16 of the national green tribunal act, 2010. mr. ..... khambatta, learned senior counsel appearing for the petitioner in writ petition no.685/2012, submitted that the mere fact that an appeal is provided under section 16 of the national green tribunal act, 2010, does not bar the jurisdiction of this court to entertain a writ petition. ..... nadkarni, learned advocate general appearing for the state of goa in all the writ petitions, submitted that the petitioners are entitled to personal hearing, considering the adverse civil consequences emanating from the impugned orders, having regard to the provisions of the environment (protection) act and the rules framed thereunder. 17. ..... in the case of madhav ramchandra nanivadekar (supra), the division bench of this court held that it was not obligatory on the part of the land acquisition officer to give personal hearing in an inquiry under section 5a of the land acquisition act, when the citizen did not demand such a personal hearing, although such an opportunity was offered to him. 29. ..... on 15th december, 1995, respondent no.1 granted permission for diversion of forest land for mining lease under section 2 of the forest conservation act, 1980, which was extended from time to time. .....
Tag this Judgment!Court : Mumbai Goa
..... b-249, the deputy collector and the sdo submitted a report to the gczma and despite the fact that the said construction had been carried out in gross violation of the environment protection act and the crz notification of the year 1991 no action was being taken. ..... he further submitted that a letter was sent on 26.8.2013 to the chief secretary of the government of goa requesting him to take action and ultimately on 25.11.2013 an application was filed by the petitioner to the national green tribunal, pune. ..... in the present case it is not disputed that the subject property is a part of the estate of the said augusta d'souza which is pending for distribution upon her death, wherein the brother of the petitioner alongwith his sister in law are also parties. ..... he has relied upon the judgment in ca 4941-2013 in the case of association for environment protection vs state of kerala, the judgment of this court in writ petition no. ..... it is not disputed that this petition is not a public interest litigation on the ground that there is a violation of crz regulations, 1991 caused by degradation of the environment to the public. ..... it is further pointed out that the license was applied before the coming into force of the crz regulations of 1991 and as such, the contention of the petitioner that the development is contrary to the crz regulations is misconceived. .....
Tag this Judgment!Court : Mumbai
..... the directions were required to be issued by the goa state pollution control board on 28th july, 2014 under section 5 of the environment (protection) act, 1986 (for short the said act of 1986 ? ..... sheet no.56, chalta no.6 of city survey of panaji at the earliest to overcome the issues of waste processing within the jurisdiction of respondent no.4, however the respondent no.4 is unable to proceed with activities on account of the order passed by national green tribunal (western zone), pune. ? ..... board shall serve copies of the reports to the petitioners; (v) the first of such reports shall be filed before the end of january 2016; (vi) if the construction of the court complex on merces land is not completed on or before 15th january 2018 and if the nuisance caused by the garbage dump continues till then, it will be open to the petitioners to file a fresh petition seeking appropriate reliefs; (vii) the high court administration to consider whether the muddemal and other record can be shifted to the new building instead of shifting ..... in pil no.6 of 2009, a division bench at goa by order dated 26th august, 2009 directed the government of goa to allot a land admeasuring 20,000 square meters at merces (for short merces land ..... he pointed out the order dated 26th august, 2009 passed by a division bench of this court at goa in a pil which directed the state government to provide a plot of land admeasuring about 20,000 square meters at merces, panaji and accordingly the plot has been allotted. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... with coming into force of this provision, it can be seen that, the civil courts jurisdiction over the civil cases/ suits involving substantial questions relating to environment (including enforcement of any legal right relating to environment) and arising out of the implementation of enactments specified in schedule i to the national green tribunal act, 2010 is taken over by the tribunal by virtue of section 14 of the said act. 26. ..... section 2(1)(c) of the national green tribunal act, 2010 defines environment as under: (c) environment includes water, air and land and the interrelationship, which exists among and between water, air and land and human beings, other living creatures, plants, microorganism and property. 21. ..... moreover, a bar to the jurisdiction of the civil courts in respect of the claim, which may be adjudicated upon by the tribunal is expressed in section 29 of the national green tribunal act, 2010 in the following words: 29. ..... however, the civil cases/ suits not involving any substantial question relating to environment and not arising out of the implementation of enactments specified in schedule i to the national green tribunal act, 2010 i.e. ..... section 14 of the national green tribunal act, 2010 reads as under: 14. ..... answer to question-c lies in the provisions of the code of civil procedure,1908 read in conjunction with provisions of national green tribunal act, 2010. .....
Tag this Judgment!Court : Mumbai
..... with coming into force of this provision, it can be seen that, the civil courts jurisdiction over the civil cases/ suits involving substantial questions relating to environment (including enforcement of any legal right relating to environment) and arising out of the implementation of enactments specified in schedule i to the national green tribunal act, 2010 is taken over by the tribunal by virtue of section 14 of the said act. 26. ..... section 2(1)(c) of the national green tribunal act, 2010 defines environment as under: (c) environment includes water, air and land and the inter-relationship, which exists among and between water, air and land and human beings, other living creatures, plants, microorganism and property. 21. ..... moreover, a bar to the jurisdiction of the civil courts in respect of the claim, which may be adjudicated upon by the tribunal is expressed in section 29 of the national green tribunal act, 2010 in the following words:- 29. ..... however, the civil cases/ suits not involving any substantial question relating to environment and not arising out of the implementation of enactments specified in schedule i to the national green tribunal act, 2010 i.e. ..... section 14 of the national green tribunal act, 2010 reads as under: 14. ..... answer to question-c lies in the provisions of the code of civil procedure, 1908 read in conjunction with provisions of national green tribunal act, 2010. .....
Tag this Judgment!Court : Mumbai Goa
..... the main grievance of the learned senior counsel appearing for the petitioner is that the petitioner had raised a specific ground that the appeal preferred by the respondents no.1 to 4 is barred by limitation in terms of section 16 of the national green tribunal act, 2010 (for short act of 2010 ..... alvares, learned counsel appearing for the respondent no.4 that the permissions issued under the crz notification merge with the environment clearance, has also not been decided by the tribunal. ..... the learned senior counsel has taken us through the provisions of the act of 2010 to point out that as there is material on record to suggest that the said respondents had knowledge of the subject environment clearance the appeal was time barred ..... norma alvares, learned counsel appearing for the respondent no.4 has pointed out that it is the case of the respondents that there was a fraud committed by the petitioner whilst obtaining the environment clearance, as well as the crz permissions. ..... the learned senior counsel, however, points out that it is the case of the respondents that the orders under the crz notification have merged with the environment clearance and consequently, the appeal itself is within ..... the learned senior counsel further points out that it is the case of the petitioner that the challenge to the environment clearance and the challenge to the crz clearance, are separate and independent and, consequently, the periods of limitation to challenge such orders are on different fields .....
Tag this Judgment!Court : Mumbai Goa
..... briefly, the facts of the case in the above writ petition as pointed out by the petitioner, are that the respondents no.1 to 4 filed an application before the respondent no.7 under section 18(1), read with sections 14, 15, 16, and 17 of the national green tribunal act, 2010. ..... under section 14(1), the tribunal has original jurisdiction over all civil cases where a substantial question relating to environment is involved and such questions which arise in the implementation of the enactments specified in schedule i. ..... in the view that we have taken, no appeal from the decision of a tribunal will directly lie before the supreme court under article 136 of the constitution; but instead, the aggrieved party will be entitled to move the high court under articles 226/227 of the constitution and from the decision of the division bench of the high court the aggrieved party could move this court under article 136 of the constitution. ? 13. ..... (2) no civil court shall have jurisdiction to settle dispute or entertain any question relating to any claim for granting any relief or compensation or restitution of property damaged or environment damaged which may be adjudicated upon by the tribunal, and no injunction in respect of any action taken or to be taken by or before the tribunal in respect of the settlement of such dispute over any such claim for granting any relief or compensation or restitution of property damaged or environment damaged shall be granted by the civil court. ? 10. .....
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