Court : National Green Tribunal Principal Bench New Delhi
..... 26 of the national green tribunal act 2010 by initiating proceedings against the ministry of environment and forest (respondent) for non compliance of order passed by this tribunal on august 2, 2013 in proceeding of appeal no.61 of 2012. ..... 26 of the national green tribunal act 2010 or other penal action is called for ..... whether it is within the domain of this tribunal to direct the respondent to grant the environment clearance in favour of the applicant as sought by him ? 8 ..... it follows, therefore, that this tribunal cannot give any direction to the respondent to issue the environment clearance in favour of the applicant. 12. ..... the said order dated 16th august 2010 rendered by the moef was challenged by the applicant by filing appeal no.61 of 2012 before the national green tribunal, new delhi ..... ravikiran govekar, aig, ntca and filed with honble tribunal on 25-10-2013 has not been submitted by the respondents in the honble tribunal thereby further aggravating the contempt proceedings against them. ..... the applicant has come out with a case that the directions passed by the tribunal on august 2, 2013, have been breached in as much as the respondent failed to finalize the tcp (tiger conservation plan) within period of two (2) months from the date of that order ..... secondly, he further seeks directions against the respondent to grant environment clearance within period of three (3) months for the mining lease as claimed by him in that appeal. 2 ..... we may make it amply clear that section 14 of the n.g.t. .....
Tag this Judgment!Court : Supreme Court of India
..... order or direction ordering the respondent to pay compensation under section 15 of the national green tribunal act 2010 to the environmental relief fund for its failure to take timely action closing the violating mines in the state of goa which has lead to environmental degradation.3. ..... in that context, the division bench further observed that the purpose and object of the environment protection act and the rules framed there under must be given its full effect, that if there is no check on the environment hazard at the time of carrying out the mining activities, it could lead to degradation of the environment, that carrying out impact assessment within specific period would assist in ascertaining the adverse effect of the project activity which is sought to be pursued by the project proponent, that any activity carried out in respect of specific projects such ..... the division bench of the high court having made a detailed analysis of the grievance of the second respondent as a local resident, the relevant provisions of the statute as well as the environment impact assessment (eia) notification dated 27.01.1994, took the view that the clearance granted in favour of the appellant in the order dated 25.11.2005 for the expansion of saniem sacorda iron ore mine was initially for a period of two years as per the eia notification of 1994 and that such clearance can be valid only for a period of five years as is stipulated .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... no.172/2012 praying in that application that appropriate action be initiated against the respondent-authority in terms of section 26 read with section 28 of the national green tribunal act, 2010 for non-compliance of the judgment dated 27th august, 2012. ..... now, therefore, in exercise of the powers conferred by section 5 of the environment (protection) act, 1986 (central act 29 of 1986), delegated to the gczma; the gczma hereby directs shri rudresh naik to make good the geological and ecological loss at site, by back filling the cut portion and the cavity formed in the property bearing survey no. ..... protection of environment being the paramount concern/duty of this tribunal while setting aside the impugned order dated 11th april, 2012, we direct the petitioner to deposit a sum of rs.1 lakh without prejudice to his rights, and the contentions raised and submissions advanced within a period of three weeks from the date of this order before respondent no.2. ..... the bench of this tribunal vide its order dated 18th december, 2012, after noticing that the member-secretary of the respondent did not comply with the order of the tribunal, observed that the authority did not act in a prudent manner and rather exhibited their inaction to the rule of law. ..... the partnership firm is carrying on the business of tourism, like conducting boat cruises in the rivers of goa. ..... in the legend of this map, no development slope as well as orchards have been shown, amongst other areas. .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... the commencement of the national green tribunal act, 2010, granting environmental clearance in the area in which any industries, operations or processes or class of industries, operations and processes shall not be carried out or shall be carried out subject to certain safeguards under the environment (protection) act, 1986; ********* may, within a period of thirty days from the date on which the order or decision or direction or determination is communicated to him, prefer an appeal to the tribunal: provided that the tribunal may, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the ..... the limitation provided under section 16 of the national green tribunal act, 2010 (for short the ngt act) ..... section 80 and section 87-b of the code of civil procedure, 1908; section 77 of the railways act, 1890; section 15 of the bombay rent act, 1947; section 213 of the succession act, 1925; section 5-a of the prevention of corruption act, 1947; section 7 of the stamp act, 1899; section 108 of the companies act, 1965; section 20(1) of the prevention of food adulteration act, 1954; section 55 of the wild life protection act, 1972 (as amended in 1956); section 10a of medical council act, 1965 (as amended in 1993) and similar other provisions have therefore, been ..... scc 791, a three-judge bench considered the scheme of the central excise act, 1944 and held that high court has no power to condone delay beyond the period specified in section 35h thereof. .....
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 : Karnataka
..... this petition coming on for orders this day, the chief justice, made the following: order learned counsel appearing for the respondent no.2 has contended, at the outset, that the grievance as suggested in this writ petition squarely falls within the jurisdiction of the national green tribunal ( the tribunal ) by virtue of section 16 w.p.no.2635/2017 - 3 - of the national green tribunal act, 2010 ( the act of 2010 ), particularly clause (g) thereof. ..... we may also indicate that under section 14 of the act of 2010, the tribunal has the jurisdiction over all civil cases, where a substantial question relating to environment is involved; and such question arises out of the implementation w.p.no.2635/2017 - 4 - of the enactments specified in schedule i. ..... the said clause (m) of section 2 of the act of 2010, reads as under: substantial question (m) environment shall include an instance where,- relating to (i) there is a direct violation of a specific statutory environmental obligation by a person by which,- the gravity of damage (a) the community at large other than an individual or group of individuals is affected or likely to be affected by the environmental consequences; or (b) environment or property is substantial; or (c) the damage to public health is broadly measurable; (ii) the environmental consequences relate to a specific activity or a point source of pollution; thus, it is but clear that the issues sought to be raised the to in this petition would well .....
Tag this Judgment!Court : Supreme Court of India
..... 1-4 had filed an application before the tribunal under section 14(1) read with section 14(3) of the national green tribunal act, 2010 complaining about degradation of environment on account of unauthorized construction on plot of land falling within crz(iii)(no development zone - in short ndz).4. ..... in the first place, merely because remedy of appeal is provided against the decision of the tribunal before this court that does not mean that this court must reappreciate the entire evidence on record and specially when the same has already been analysed by the tribunal, unless the appellant is able to demonstrate that the finding recorded by the tribunal suffers from error apparent on the face of the record or is perverse. ..... the tribunal recorded that finding on the basis of the contents of the registered sale deed dated 3rd august, 1992 executed in favour of the appellant by the original owner of the plot, the house property revenue records, settlement of land records, no objection certificate given by the panchayat, inspection report dated 2nd may, 2012, and also the contents of the affidavit filed by the appellants. ..... secondly, the applicants had failed to comply with the procedure prescribed under rule 13 of the national green tribunal (practices and procedure) rules, 2011. ..... this appeal arises from the final judgment and order passed by the national green tribunal (western zone) bench, pune dated 29th may, 2015 in application no.51/2014 and dated 14th december, 2015 in m.a. .....
Tag this Judgment!Court : Supreme Court of India
..... (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;37. ..... (a) where the person to be served is a company, if the document is addressed in the name of the company at its registered office or at its principal office or place of business and is either- (i) sent by registered post, or (ii) delivered at its registered office or at the principal office or place of business; (b) where the person to be served is an officer serving government, if the document is addressed to the person and a copy thereof is endorsed to this head of the department and also to the secretary to the government, as the case may be, in-charge of the department in which for the time being the business relating to the department in which the officer is employed ..... (4) any notification prohibiting the manufacture, import, stocking, distribution, sale and use of carry bags, plastic sheets or like, or cover made of plastic sheets and multilayered packaging and single-use plastic, including polystyrene and expanded polystyrene, commodities, issued after this notification, shall come into force after the expiry of ten years, from the date of its publication52. ..... 6 order dated 28.01.2019 in appeal diary no.05/2018 before the ngt, principal bench, new delhi. ..... 03.12.2018) either challenging the validity of impugned government order, or seeking its implementation, were dismissed by coordinate benches of the court. .....
Tag this Judgment!Court : Madhya Pradesh
..... 3 w.p.no.2509/13 (ii) the petitioner ought to have approached to the national green tribunal under the provisions of national green tribunal act, 2010 as the subject matter falls within the jurisdiction of the aforesaid tribunal. ..... pet bottles after use are thrown here and there by the consumers and are not only harmful for the environment but also for the animals/cattles who eventually eat it and the result is that it is either harmful or hazardous for their life. ..... the learned additional advocate general further submitted that the petitioner not being engaged in the liquor business is neither a trader not a manufacturer of liquor and therefore cannot challenge the policy on the ground that the same is violative of article 19(1)(g) of the constitution and thus this public interest litigation being a sponsored petition at the behest of some-one deserves to be dismissed as none of his fundamental rights are infringed or violated giving cause to approach this court. ..... that, identical matters were considered by the division bench of high court of karnataka at bangalore in writ petition no.12847/2013 and on 24.4.2013, the writ petition was dismissed. ..... country spirit rules, 1995, a provision has been made under rules 4, 10 and 11 for examination of such bottle and if bottle used for packaging of alcoholic beverage is not according to the standards, the commissioner has power to reject the bottles. .....
Tag this Judgment!Court : Supreme Court of India
..... keeping in view the provisions and scheme of the national green tribunal act, 2010 (for short the ngt act) particularly sections 14, 29, 30 and 38(5), it can safely be concluded that the environmental issues and matters covered under the ngt act, schedule 1 should be instituted and litigated before the national green tribunal (for short ngt). ..... henceforth shall be dealt with and disposed of by the concerned bench of the high court, in line with the various orders passed by this court, so as to ensure proper functioning of the relief and rehabilitation programme, working of the expert bodies and utmost medical care and treatment to the gas victims.2) we request the chief justice of the madhya pradesh high court to ensure that the case is dealt with by a bench presided over by the chief justice himself or a bench presided over by the senior most judge of that court or any other ..... months from today.17) we also direct the state government and the monitoring committee to evolve a methodology of common referral system amongst the various medical units under the erstwhile bmhrc and bgtrrd to ensure that the gas victims are referred to appropriate centres for proper diagnosis and treatment in terms of the nature and degree of injury suffered by each one of them.18) we also direct that the monitoring committee, with the aid of the advisory committee, nireh and the specialized doctors of bmhrc, issues .....
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