Judgment Search Results Home > Cases Phrase: national environment tribunal act 1995 section 18 distribution of business amongst the benches Court: uk supreme court Page 1 of about 80 results (0.235 seconds)

A.P. Pollution Control Board Vs. Prof. M.V. Nayadu (Retd.) and Others

Court : Supreme Court of India

Reported in : AIR1999SC812; JT1999(1)SC162; 1999(1)SCALE140; (1999)2SCC718; [1999]1SCR235; 1999(1)LC426(SC)

..... as stated above and we reiterate that there is need to see that in the appellate authority under the water (prevention of pollution) act, 1974, the air (prevention of pollution) act, and the appellate authority under rule 12 of the hazardous wastes (management & handling) rules, 1989, under the notification issued under section 3(3) of the environment (protection) act, 1986 for national capital territory and under section 10 of the national environment tribunal act, 1995 and other appellate bodies, there are invariably judicial and technical members included. ..... again, under the national environmental tribunal act, 1995, which has power to award compensation for death or injury to any person (other than workmen), the said tribunal under section 10 no doubt consists of a chairman who could be a judge or retired judge of the supreme or high court and a technical member. ..... we finally come to the appellate authority under the national environment appellate authority act, 1997. ..... : air1996sc2715 , a three judge bench of this court referred to these changes, to the 'precautionary principle' and the new concept of 'burden of proof in environmental matters. ..... the division bench of the high court in its judgment dated 1.5.1998, held that the writ petitioners who filed the public interest cases could not be said to be having no locus standi to file the writ petitions. .....

Rojer Mathew Vs. South Indian Bank Ltd and Ors Chief Manager

Court : Supreme Court of India

..... the national environment tribunal act, 1995 and national environment appellate authority act ..... bench of this court revisited the challenge to the 1985 act and the power conferred on the parliament or the state legislatures by articles 323a(2)(d) and 323b(3)(d), as the case may be, to exclude the jurisdiction of all courts , except that of this court under article 136 in respect of 4 we do not want to say anything about vice-chairman and members dealt with in sub-sections (2), (3) or (3-a) because so far as their selection is concerned, we are of the ..... the commission should comprise the following members: (i) three serving judges of the supreme court of india nominated by the chief justice of india; (ii) two serving chief justices or judges of the high court nominated by the chief justice of india; (iii) two members to be nominated by the central government from amongst officers holding at least the rank to a secretary to the union government: one of them shall be the secretary to the department of justice who will be the ex- officio convener; and (iv) two independent expert members to be nominated by the union government in consultation with the ..... the house or either house of the legislature of a state, but excluding the matters referred to in article 329 and article 329-a; (g) production, procurement, supply and distribution of foodstuffs (including edible oilseeds and oils) and such other goods as the president may, by public notification, declare to be essential goods for the .....

M.k. Ranjitsinh Vs. Union Of India

Court : Supreme Court of India

..... parliament has enacted the wild life (protection)act 1972, the water (prevention and control of pollution) act 1974, the air (prevention and control of pollution) act 1981, the environment (protection) act 1986, the national green tribunal act 2010, amongst others. ..... the 2015 united nations environment programme report also outlined five human rights obligations related to climate change, including both mitigation and adaptation efforts.22 in 2018, the un special rapporteur on human rights and the environment emphasized that human rights necessitate states to establish effective laws and 21 un human rights office, understanding human rights and climate change. ..... at the same time, it has emerged in the course of the hearing that there is no basis to impose a general prohibition in regard to the installation of transmission lines for the distribution of solar power in an area about 99,000 square kilometres. ..... the chief executive of the ministry of business, innovation and employment,51 the appellant travelled to new zealand from kiribati, a small island country in the pacific ocean, and remained there after his permit expired. ..... 15 energy conservation act 2001, section 14(w). ..... bombay environmental action 17 (1995) 2 scc577 18 (2006) 6 scc371 19 | p age group,19 this court recognised that climate change posed a major threat to the environment.24. .....

The State of Meghalaya Vs. All Dimasa Students Union Hasao District Co ...

Court : Supreme Court of India

..... the aforesaid inaction has resulted in violation of the various enactments mentioned in schedule i of the national green tribunal act 2010 including the o f water ( p r e v e n t i o n p o l l u t i o n ) a i r (prevention and control of pollution) act, 1981 and the environment (protection) act 1986 apart from infringing the fundamental rights of the applicant under article 14 and 21 of the constitution of india. a n d 1 9 7 4 , c o n t r o l a c t , 65. ..... it also violates section 39(b) of the constitution which provides that the ownership and control of the material resources of the community should be so distributed so as to best subserve the common good and, therefore, the state cannot distribute the material resource of the community in any way it likes. ..... 5 all dimasa students union dima hasao district committee filed an original application no.73 of 2014 before national green tribunal, principal bench making serious complaints with regard to rat-hole mining operation, which has been going on in jaintia hills in the state of meghalaya for last many years without being regulated by any law. ..... this order has been criticised and appealed against by a small section of locals most of who are coal mine owners, transporters, politicians and administrators who have illegally 41 benefitted out of this unregulated mining and who want things to get back to business as usual. .....

Director General (Road Development) National Highways Authority of Ind ...

Court : Supreme Court of India

..... or after the commencement of the national green tribunal act, 2010, by the appellate authority under section 13 of the water (prevention and control of pollution) cess act, 1977 (36 of 1977); (e) an order or decision made, on or after the commencement of the national green tribunal act, 2010, by the state government or other authority under section 2 of the forest (conservation) act, 1980 (69 of 1980); (f) an order or decision, made, on or after the commencement of the national green tribunal act, 2010, by the appellate authority under section 31 of the air (prevention and control of pollution) act, 1981 (14 of 1981); (g) any direction issued, on or after the commencement of the national green tribunal act, 2010, under section 5 of the environment (protection) act, 1986 ..... the directions made by the pune bench of the national green tribunal, on an application by a registered organization, (the respondent in the appeal, the aam aadmi lokmanch, hereafter lokmanch ) are the subject matter of the appeals (ca69322015 by nhai; ca59712019; ..... (2) if the death, injury or damage caused by an accident or the adverse impact of an activity or operation or process under any enactment specified in schedule i cannot be attributed to any single activity or operation or process but is the combined or resultant effect of several such activities, operations and processes, the tribunal may, apportion the liability for relief or compensation amongst those responsible for such activities, operations .....

Municipal Corporation Of Gr. Mumbai Vs. Ankita Sinha

Court : Supreme Court of India

..... bhati, the learned additional solicitor general of india submitted that suo motu power is not exercisable by the ngt since the same has not been conferred on the forum under the ngt act, unlike the situation in the now repealed national environment tribunal act, 1995 (hereinafter referred to as the net act ). ..... (3) no application for adjudication of dispute under this section shall be entertained by the tribunal unless it is made within a period of six months from the date on which the cause of action for such dispute first arose: provided that the tribunal may, if it is satisfied that the applicant was prevented by sufficient cause from filing the application within the said period, allow it to be filed within a further period not exceeding sixty days.25.3 the section 14(1) of the ngt act deals with jurisdiction, and the jurisdictional provision page 50 of 77 conspicuously omits to ..... from the analysis of justice dipak misra (as his lordship then was) for the division bench, it can be inferred that the tribunal was given power under the statute to pass such other orders and give such directions to give effect to its orders or to prevent abuse of its process or to secure the ends of justice but in discharge of its functions the tribunal was 2 (2013) 15 scc341page 8 of 77 required to confine itself to within the statutory ..... environmental equity thus stands to ensure a balanced distribution of environmental risks as well as protections, including application of sustainable .....

M/s Indian Oil Corporation Limited Vs. V.b.r Menon

Court : Supreme Court of India

..... sub-section (1) of section 38 of the ngt act repeals the following enactments:- (i) the national environment tribunal act, 1995 (ii) the national environment appellate authority act, ..... the national environment tribunal act, 1995 was enacted to provide for strict liability for damages arising out of any accident occurring while handling any hazardous substance and for the establishment of a national environment tribunal for effective and expeditious disposal of cases arising from such accident, with a view to giving relief and compensation for damages to persons, property and the environment ..... however, the national environment tribunal, which had a very limited mandate, was ..... that no interference is warranted at the hands of this court in an appeal filed under section 22 of the national green tribunal act, 2010 (for short, the ngt act ). ..... the basis for filing of the original application as aforesaid before the ngt, chennai was the order passed by the principal bench of the ngt in the original application no.147 of 2016 wherein the principal bench of the ngt issued directions to install stage-i and stage-ii vapour recovery devices (vrd) at all fuel stations, distribution centers, terminals, railway loading/unloading facilities and airports in the national capital territory ..... whether the public sector and private sector omcs and/or ros (retail outlets) are required to obtain consent to establish and/or consent to operate for operation, establishment and carrying on the business of .....

Tamil Nadu Polution Control Board Vs. Sterlite Industries (I) Ltd. .

Court : Supreme Court of India

..... made, on or after the the national green commencement of tribunal act, 2010, by the appellate authority under section 13 of the water (prevention and control of pollution) cess act, 1977 (36 of 1977); (e) an order or decision made, on or after the the national green commencement of tribunal act, 2010, by the state government or other authority under section 2 of the forest (conservation) act, 1980 (69 of 1980); (f) an order or decision, made, on or after the the national green commencement of tribunal act, 2010, by the appellate authority under section 31 of the air (prevention and control of pollution) act, 1981 (14 of 1981); (g) any direction issued, on or after the commencement of the national green tribunal act, 2010, under section 5 of the environment (protection) act, 1986 (29 of 1986 ..... from the above-extracted portion of the order it is evident that the bench, which decided the matter, taken by tdsat would encourage rampant violation of the orders without any penal consequence and the entire scheme of the trai act would become unworkable. ..... on 17.05.1995, the state moef also granted environmental clearance to the respondent. ..... on 22.05.1995. ..... followed on 16.01.1995. .....

State of Madhya Pradesh Vs. Centre for Environment Protection Research ...

Court : Supreme Court of India

..... on a combined reading of sections 3, 7, 10, 11 and 23 of the environment protection act, with particular reference to section 3(1), 3(2)(i)(a) and (b), 3(2) (iii, iv) and 3(2)(x) with section 20 of the 30 1981 act and sections 14, read with 2(c), and 2(m) of the ngt act and rules 115 and 116 of the 1989 rules, the learned tribunal had the power, authority and/or jurisdiction to direct the appellant state government to strictly implement the requirement of vehicles to possess and/or display a valid puc certificate, and also to direct the appellant state government and/or the other authorities concerned to take penal action in accordance with law, that ..... (2) by an order dated 3rd january, 2013 the high court transferred the aforesaid writ petition to the principal bench of the national green tribunal, delhi and the same was re-numbered as original application no.73 of 2012. ..... of madhya pradesh, are against an order dated 21st april, 2015 passed by the national green tribunal, central zonal bench, bhopal, allowing original application no.1/2013 (cz) filed by the respondents and directing that motor vehicles not complying with the requirement of displaying a valid pollution under control (puc) certificate would suffer the consequence of suspension and/or revocation of the registration certificate of the vehicle, and would also not be provided with fuel 2 by any dealer or petrol pump, as well as an order dated 3rd .....

Mp High Court Adv. Bar Assocn. Vs. Union Of India Ministry Of Environm ...

Court : Supreme Court of India

..... 4.the national environment tribunal act, 1995 was enacted to provide for strict liability for damages arising out of any accident page 11 of 37 occurring while handling any hazardous substance and for the establishment of a national environmental tribunal for effective and expeditious disposal of cases arising from such accident, with a view to giving relief and compensation for damages to persons, property and the environment. ..... filed under article 32 of the constitution of india, the petitioners who are the madhya pradesh high court advocates bar association and the district bar association, both with their registered offices at jabalpur, have raised a challenge to the vires of the national green tribunal act, 2010 (hereinafter referred to as the ngt act ), and pray for the following reliefs: - (a) issue an appropriate writ of certiorari or any other writ of similar nature directing that the bench of national green tribunal be set up at all the page 1 of 37 places where the principal seat of high court ..... (b) hold and declare that the proposed sitting up of bench of ngt at bhopal is not constitutionally and/or sustainable, (c) declare the provision of section 14 r/w 22 of the national green tribunal act, as unconstitutional insofar as they purport to exclude the writ jurisdiction of high court under article 226/227 of the constitution of india.2. .....