Court : Rajasthan Jodhpur
..... (wp no.47599/2011 (gm-res-pil) and wp no.25255/2012 (gm-res-pil) decided on 8.7.2013) respectively transferring the cases contemplated under section 14 of the act to the learned tribunal, in similar 8 circumstances, the learned counsel has drawn the attention of this court as well to the amendments obligated to the legislations catalogued in schedule-iii of the act and also to the corresponding insertions in the related legislations to contend that having regard to the avowed purpose of the national green tribunal act, 2010, the instant proceedings ought to be transferred to the learned tribunal equipped with the necessary expertise to settle the disputes involved therein. ..... ) established under section 3 of the national green tribunal act, 2010 (for short, hereafter referred to as the act .). ..... the recital following 10 the preamble amongst others demonstrates that in order to eventuate the resolutions adopted in the aforestated conferences and to fructify the comprehension of right to healthy environment as an integrant of life envisaged under article 21 of the constitution of india, the national green tribunal has been set up to settle the disputes involving multi- disciplinary issues relating to environment. ..... the writ petitions hitherto pending before the learned single bench have been listed in terms of the order dated 23.9.2013. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... the question as to whether the national green tribunal has jurisdiction under the national green tribunal act, 2010, to declare the notification issued by the moef dispensing with the statutory procedure under the environment (protection) rule, 1986 and the office memorandums issued in other states in violation of the notifications issued by the moef, to be invalid and inoperative being beyond the power of the ..... 2015) had an occasion to consider the application filed by the national green tribunal bar association under sections 14 and 15 read with sections 18(1) and 18 (2) of the national green tribunal act, 2010, alleging rampant illegal sand mining in the yamuna riverbed in violation of the directions issued by the supreme court in deepak kumar v/s state of haryana ((2012) 4 scc629 and the direction issued for mining of mineral for less than 5 hectares in para 29 of the judgment, in which it was ..... adequate training and information on safety, environment and health aspects; (xi) undertake to ensure minimum losses to the agriculture crops and undertake to contribute suitably for compensation to the loss / damage to the crops; (xii) maintain the bench height and slope as per the metalliferous mines regulation, 1961, as amended from time to time; (xiii) maintain the overall slope of mine below 45 degrees ..... do not take away the right of the person to carry on business or his industrial unit, but only impose a new obligation to take environmental clearance under the environmental laws. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... ) particularly sections 14, 29, 30 and 38(5).it can safely be concluded that the environmental issues and [6].matters covered under the ngt act, schedule i should be instituted and litigated before the national green tribunal (for short ngt . ..... a division bench of the high court of allahabad by the impugned judgment has held that the petitioner in the said writ petitions has an alternate remedy by way of petitions before the u.p.public service tribunal (the tribunal).and had permitted the writ petitioner therein to approach the tribunal and directed the tribunal to entertain any such petition to be filed by the writ petitioner without raising any objection as to limitation. ..... -(1) 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 environment).is involved and such question arises out of the implementation of the enactments specified in schedule i. ..... [2].undisputed facts are that petitioner company is involved in the business of tyre pyrolysis having its unit situated at mandore industrial area, nagaur road, jodhpur. ..... petitioner has specifically pleaded that after obtaining consent to establish and subsequently consent to operate, the company commenced its business strictly in accordance with the terms mentioned in the consent to operate and [3].never violated any of the conditions mentioned therein. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... uoi & ors & 18 other connected writ petitions 3 by the court: learned counsels for the parties submit that identical writ petitions have already been transferred by the division bench of this court upon a reference made by this court to national green tribunal under the provisions of the national green tribunal act, 2010 and they further submit that the present writ petitions may also be transferred to the national green tribunal in terms of the division bench order of this court dated 01.10.2013 in a batch of 58 writ petitions viz. ..... not only the environment includes water, air and land as defined and their inter-relationship alongwith human beings, other living creatures, plants, micro-organism and property, the substantial question relating to environment includes amongst others the eventualities set out in clauses (i) and (ii) of section 2(m) of the act. ..... as adverted to hereinabove, we are thus of the unhesitant opinion that substantial questions relating to environment and arising out of the implementation of the enactments amongst others the act of 1974 is involved in the proceedings in hand warranting transfer of the cases to the learned tribunal. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... having referred to the above-quoted mandate of the hon ble supreme court, the co-ordinate bench of this court has said and ordered,- not only the text of the above quoted extract would evince a mandate by their lordships to transfer matters covered by the provisions of the act to the learned tribunal whether pending prior to the coming into force of the act or instituted thereafter, in order to avoid conflict of orders by it and the high courts, but also in the interest of expeditious and specialized justice in the field of environment to all concerned. ..... not cause environmental harm and is sustainable; any activity which fails the muster of the settled principles may be proscribed forthwith; (v) the state may be directed to immediately start the process of distributing the compensation amount to the affected person for the loss and damage of land and crop as computed and quantified by the national productivity council for the last 15 years.a further study may be conducted to assess the loss and damage to the land and crop of additional 15 years as the industry is running for last 3 decades. ..... after having heard the petitioner as also the learned counsel for the parties, on the question as to whether the matter is required to be transferred to the ngt established under section 3 of the ngt act; and having given anxious consideration to the rival submissions, we are clearly of the view that this matter is required to be transferred to the ngt following the decisions above-referred .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... having referred to the above-quoted mandate of the hon ble supreme court, the co-ordinate bench of this court has said and ordered,- not only the text of the above quoted extract would evince a mandate by their lordships to transfer matters covered by the provisions of the act to the learned tribunal whether pending prior to the coming into force of the act or instituted thereafter, in order to avoid conflict of orders by it and the high courts, but also in the interest of expeditious and specialized justice in the field of environment to all concerned. ..... not cause environmental harm and is sustainable; any activity which fails the muster of the settled principles may be proscribed forthwith; (v) the state may be directed to immediately start the process of distributing the compensation amount to the affected person for the loss and damage of land and crop as computed and quantified by the national productivity council for the last 15 years.a further study may be conducted to assess the loss and damage to the land and crop of additional 15 years as the industry is running for last 3 decades. ..... after having heard the petitioner as also the learned counsel for the parties, on the question as to whether the matter is required to be transferred to the ngt established under section 3 of the ngt act; and having given anxious consideration to the rival submissions, we are clearly of the view that this matter is required to be transferred to the ngt following the decisions above-referred .....
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