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 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
..... it is also contended that there are crz and other violations noticed during the inspection which are subject matter of proceedings under sections 14 and 15 of the national green tribunal act of 2010 filed by the petitioners before such tribunal. ..... as already stated herein above, the environment degradation, if any, is under consideration before the national green tribunal and not examined in the present petition. 17. ..... it is an admitted position that as far as the alleged crz violations are concerned effecting the environment, proceedings have been initiated under the green tribunal act, which are pending for consideration. ..... in case, there was a pond on the subject site, it would have been the duty of the authorities to develop the same which would, on one hand, have prevented ecological disaster and on the other, provided a better environment for the benefit of the public at large. 9. ..... as has been pointed out hereinabove, it is always an endeavour of the court to ensure that ponds for the benefit of the public are protected to maintain the environment and ecological balances. 13. ..... they need to be protected for a proper and healthy environment which enables people to enjoy a quality life which is essence of the guaranteed right under article 21 of the constitution. ..... there is nothing on record to show that such relocation would affect the environment. .....
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. .....
Tag this Judgment!Court : Mumbai Goa
..... the learned senior counsel further points out that the environmental clearance issued in favour of the respondent no.5 was, in fact, challenged by the petitioners before the national green tribunal which dismissed the appeal preferred by the petitioners. ..... in case, there was a pond on the subject site, it would have been the duty of the authorities to develop the same which would, on one hand, have prevented ecological disaster and on the other, provided a better environment for the benefit of the public at large. 9. ..... the learned counsel further points out that this act on the part of the respondent no.5 would lead to degradation of environment at the site, as natural source of water in the pond would be gravely jeopardized. ..... as has been pointed out hereinabove, it is always an endeavour of the court to ensure that ponds for the benefit of the public are protected to maintain the environment and ecological balances. 10. ..... they need to be protected for a proper and healthy environment which enables people to enjoy a quality life which is essence of the guaranteed right under article 21 of the constitution. ..... the learned counsel has, thereafter, taken us through the photographs produced on record to point out that the existing pond was being filled up by the respondent no.5 which, according to him, is contrary to the provisions of the town and country plan act, which inter alia provides that for filling up any low lying land permission is required to be obtained. .....
Tag this Judgment!Court : Mumbai Goa
..... reported in 1995 stpl (le) 20811 sc, it has been held in para 22 that question of malafides in a given case may not be relevant at all if the ingredients which establish the commission of the offence or the misconduct (as that case arose out of a prosecution under section 5(2) r/w section 5(1)(a) of the prevention of corruption act, 1947) exist and in that case the prosecution cannot fail merely because there was an animus of the complainant or the prosecution against the accused. ..... it is submitted that on the basis of an application made by the petitioner aleixo, the national green tribunal (ngt), pune bench has passed certain order directing demolition of private shacks. ..... verna, by which offences punishable under sections 323, 504, 506 r/w section 34 of ipc and section 8 of the goa children's act, 2003 (for short, act of 2003) and section 3 and 25 of the arms act have been registered against the applicants. 3. ..... in so far as the ground, about the petitioner having taken up public cause for protection of environment and having obtained some orders for demolition of the private shacks and the complaint being an outcome of the general animosity arising against the petitioner aleixo, is also in our view, not sufficient to quash the fir/complaint. ..... it is submitted on behalf of the petitioners that the petitioner aleixo is taking up matters in public interest in general and for protection of environment in particular. .....
Tag this Judgment!Court : Mumbai Goa
..... the respondent nos.1 to 4, thereafter, filed an appeal before the learned tribunal on 06/01/2015, challenging the crz clearance dated 09/12/2014 and the environmental clearance dated 12/04/2013, by invoking the provisions of section 16 of the national green tribunal act, 2010 (n.g.t. ..... the contention of shri shivan dessai, the learned counsel appearing for the petitioner that only a challenge to the environmental clearance issued under the regulations of 2006, which are also issued under section 3 of environment protection act, would lie to the learned tribunal, cannot be accepted for the reasons stated herein below. 13. ..... the learned counsel further points out that the crz clearance, which has been challenged in the said appeal, is not a direction in terms of section 5 of the environment protection act and as such, the learned tribunal has no jurisdiction to proceed to examine the challenge to the said clearance. ..... the learned counsel further points out that the crz clearance has been issued based on the notification issued under section 3 of the environment protection act, which deals with all environment issues and as such, any clearance granted under the environment protection act, can be challenged before the learned tribunal. .....
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