Court : National Green Tribunal Principal Bench New Delhi
..... out subject to certain safeguards under environment (protection) act, 1986 (29 of 1986); (i) an order made, on or after the commencement of the national green tribunal act, 2010, refusing to grant environmental clearance for carrying out any activity or operation or process under the environmental (protection) act, 1986 (29 of 1986); (j) any determination of benefit sharing or order made, on or after the commencement of the national green tribunal act, 2010, by the national biodiversity authority or a state biodiversity board under the provisions of biological diversity act, 2002 (18 of 2003), may ..... within a period of thirty days from the date on which the order, or decision or direction, or determination is communicated to him, may prefer an appeal to the tribunal; provided that the tribunal may, if it is satisfied that the appellant was not prevented by sufficient cause from filing the appeal within the said period allow it be filed under this section within ..... the distribution of flora and fauna in the given area represents the biological environment ..... bench of honble high court of kerala has already directed the owner of the land that the filling of the paddy land and wetlands should be done only in accordance with law and only after getting necessary statutory clearances from the .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... respondent no.3, therefore, pleads that the present applicants have challenged the permissions/noc granted to them dated 7-12-1999 and 11-4-2000 respectively, and therefore, as per the provisions of section 14 sub-section 3 of national green tribunal act 2010, both these applications are hopelessly barred by limitation as the first cause of action arose on 11-4-2000, much beyond the time specified for limitation under section 14 of the ngt act. 9. ..... the abstract of such observations and actions as submitted by the applicants is as under: (i) paragraph 10 of the affidavit dated 13-3-2014: "i state that in light of the above and in view of the non-compliance of the board's directions by the mormugao municipal council, the respondent board vide directions dated 03-03- 2014, issued under section 5 of the environment (protection) act, 1986 rejected the application submitted by the mormugao municipal council, for renewal of the authorization in respect of the solid waste treatment plant located at sada, vasco". ..... in rauf ahmed vs state of chhattisgarh and others (appeal no.1 of 2003), a coordinate bench of this tribunal (central zone bench, bhopal) held that "the period of limitation cannot be extended by the tribunal, in view of the language used in section 16 of the ngt act, 2010. .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... so far as the procedural part is concerned, it may be stated that section 19 of the national green tribunal act 2010 gives flexibility to the tribunal in such matters. ..... the writ petition was thereafter registered as an application under section 14, 15, 16 read with section 18 of the national green tribunal act 2010. ..... apart from the legal position discussed herein above, it would be appropriate to refer section 19 of the national green tribunal act 2010. ..... the provision of section 19 of the national green tribunal act shows that only principles of natural justice need to be followed. ..... counsel shri ravi kadam would submit that the applicants failed to avail appellate remedy by filing an appeal before the national environment appellate authority and therefore, now the said certificate cannot be challenged. ..... , form i/form 1-a including terms of reference proposed by the project proponent, the expert appraisal committee for the concerned sector (in this case -mining) constituted by the ministry of environment and forests, government of india examines the proposal and finalizes the terms of reference including additional terms of reference, if am/ for the environmental impact assessment studies with specific reference to the project location and nature of proposed activities and their likely impacts on various environmental attributes. ..... and performance polymer business whereas jubilant life sciences industry will focus on production of pharmaceutical and life sciences products. .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... the applicants gathered knowledge about the impugned environment clearance certificate, granted to the chemical industry, in view of aforesaid facts, after collecting necessary information and it was more than clear that they did not file appeal against such environment clearance (ec) certificate within prescribed period of limitation, as provided under section 16 of the national green tribunal act ..... say that the period of limitation is circumscribed by the specific provision of the special enactment, namely, the national green tribunal act, 2010. ..... vs state of chhattisgarh and others (appeal no.1 of 2003), a coordinate bench of this tribunal (central zone bench, bhopal) held that "the period of limitation cannot be extended by the tribunal, in view of the language used in section 16 of the ngt act, 2010. ..... it also appears from order dated january 10th,2014, passed by the co-ordinate bench of this tribunal at principal bench, new delhi, that on basis of such affidavit, it is observed that under sub-clause 5(f) of the schedule appended to moef notification dated 14th september 2006, only "synthetic organic chemicals industry (dyes and dye intermediates; bulk drugs and intermediates excluding drug formulations; synthetic rubbers; basic organic ..... patil, was amongst leading members who attended gathering of 20,000 people, is indication of the fact that there was knowledge of environment clearance certificate in question granted by the respondent no.3, in favour of the respondent no.4. 18 .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... the applicants have filed the present application under section 14, 15, 17 and 18 of the national green tribunal act, 2010, basically challenging the proposed jalgaon bypass road of the national highway no.6 which has been proposed by respondent no.2 i.e. ..... the respondent-2 submits that the official gazette notification for the proposed project is of october 27th, 2011 which has also been admitted by the applicants and therefore, the application is hopelessly time barred as far as section 14 of national green tribunal act. ..... 15 of the national green tribunal act, 2010 relating to restitution/compensation etc. ..... 14, 15, 17 and 18 of national green tribunal act. ..... he further submits that the fertile land-agricultural production- food security are the essential components of the environment and therefore, any issue related to destruction of the fertile lands can definitely considered as a substantial question related to the (j) application no.38/2013 5 environment and therefore, the tribunal is competent to consider this particular application. ..... the application is likely to be heard on preliminary issue, pertaining to involvement of substantial environmental dispute, in as much as, we are not much concerned with the legality of acquisition of the lands for the purpose of construction of bypass road outside jalgaon city and that issue is being dealt with by the hon'ble high court of bombay bench at aurangabad, in writ petition, which is pending (wp no.469 of 2012). .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... the main contention of learned counsel for contesting respondents, is that since the applicant has preferred civil appeal no.10843/2013, under section 22 of the national green tribunal act, 2010, before the hon'ble supreme court, which is pending for disposal, the issues cannot be agitated by way of present application unless and until the hon'ble supreme court records any finding about non-compliance of the conditions, resultant damage caused to environment or otherwise. ..... in our opinion, when the judgment of this tribunal in appeal no.2/2013, is subjudice before the hon'ble supreme court in civil appeal no.10843/2013, filed under section 22 of the national green tribunal act, 2010, the observations of this tribunal, made in our earlier judgment in appeal no.2 of 2013, upon which the applicant desires to lay foundation of his claim, are yet to be finally approved/disapproved by the apex court on merits. ..... according to the respondent no.5, revival of ec cannot be challenged by circumventing appellate jurisdiction under the guise of filing application under section 14 of the national green tribunal act, 2010. ..... the application is filed under section 14(1) of the national green tribunal act, 2010. ..... this bench of the ngt held it as barred by limitation and as such this bench dismissed the same vide judgment dated november 25th, 2013. 5. .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... drawing our attention to section-11(1) and 11(2) of the national environment appellate authority act, 1997, under which the appeal was filed, it is submitted that, only a person or an association of person, who are likely to be affected by the grant of ec to the proponent, can file an appeal. ..... in its reply scania raised preliminary objection with regard to the locus-standi of the appellants and contended that the present appeal having been filed under the national environment appellate authority act, 1997, the mandatory requirement of the said act has to be considered. ..... though the said act has been repealed and national green tribunal act, 2010 has come into force, the appeal having been filed under the neaa act, 2009, has to be disposed of under the provisions of the said act. 19. ..... the corum of the bench consists of a former judge of the high court and an expert member, who possesses the scientific know-how and also expertised knowledge in the subject. ..... ms agnihotri further submitted that the appellant being a busy body should not be permitted to sit in judgment over the scientific analysis relating to the safety of the project, more so because, competent government authorities possessing sound technical knowledge have taken a decision after due consideration of all the materials available. 15. ..... cricket association of bengal (1995) 2 scc 161, state of u.p. .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... has been filed under section 18 of the national green tribunal act, 2010 highlighting the problems arising out of ..... the objection with regard to the jurisdiction of the tribunal in dealing with the aforesaid question of regulating the activity of running of the business of the marriage gardens is concerned, we have confined ourselves to the issue with regard to the water, air and noise pollution in terms of the provisions of the water act, 1974, air act, 1981 and the ep act and rules, 1986 with special reference to the provisions contained in the rules with regard to the operation of dg sets and compliance of noise levels and ambient air quality standards as a result of running of such dg sets and the ..... the city of bhopal resulting in pollution of the environment with particular reference to non-observance of the municipal solid waste (management and handling) rules, 2000 (in short referred to as msw rules) as well as violation of the provisions of the environment (protection) act, 1986 (in short referred to as ep act) and the rules made thereunder as also the water (prevention and control of pollution) act, 1974 (in short referred to as water act) and the air (prevention and control of pollution) act, 1981(in short referred to as air act ..... the iec activities amongst the students and youth in consultation with the ..... consideration before this tribunal on 21st february, 2014 and the tribunal and passed the following orders : - in regard to noise pollution, the principal bench of ngt .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... it is contended the limitation act, is not applicable to the proceedings before the ngt, in view of specific provisions of limitation period, envisaged under section 14 and 16 of the national green tribunal act, 2010. ..... the hon'ble principal bench of this tribunal, held that "commencement of limitation is to be reckoned and computed from the date when the impugned order of ec is put on the website so as to make it downloadable without hindrances or from the day it is put on the public notice board or from the date when the project proponent uploads the order on the website, publishes it in the newspapers, or the order is displayed by the local bodies along with concerned department of the state government". ..... that this hon'ble tribunal be pleased to direct the mcgm, sra, state government and the mpcb to initiate criminal action against the respondent nos.10, 11 (landlord and developer), concerned officers of the sra for knowingly and willingly proceeding with the unauthorized development work in violation of the eia notification and the provisions of environment (protection) act, 1986 without due diligence as per u/s. .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... appeal to national green tribunal:- any person aggrieved, by an order or decision of the state government or other authority made under section 2, on or after the commencement of the national green tribunal act, 2010, may file an appeal to the national green tribunal established under section 3 of the national green tribunal act, 2010, in accordance with provisions of that act. 11 ..... the pccf again reported that the transportation of the bauxite stock could adversely affect the environment in the area for which the request of the appellant be not ..... 1 because the proposal was found detrimental to the cause of environment in the area and thus got rejected by the state government ..... rather ,the minerals stored on the surface will have a negative impact on the environment in the long ..... contended further that lifting of the mined material from the site of the mine and transportation thereof is beneficial to the environment. ..... the removal of the dumped bauxite mineral is likely to cause soil erosion and due to use of heavy machinery and excessive movement of heavy vehicles needed for transportation of the minerals may cause adverse impact on the environment ..... the lifting and transportation of the mineral by the appellant will not cause any adverse impact on the ecology and environment ..... any case, such action will not adversely affect the environment and ecology. ..... transport this balance material approximately 8000 trips of heavy trucks will be needed, which is going to adversely affect the environment. .....
Tag this Judgment!