Court : National Green Tribunal Principal Bench New Delhi
..... union of india and others (2012) 8 scc 326, the writ petition was transferred to the central zone bench of the national green tribunal (ngt) at bhopal to deal with it under the national green tribunal act, 2010 and the case is registered as original application no. ..... iii we direct that the state government and the forest department shall examine the following directions and take decisions and implement them to avoid such conflicts with the local communities in future and make them to participate in the activities of the mpfdc since it is very critical to have an effective human resource development environment in the corporation for ensuring successful implementation of their action plan/programmes.. ..... (iv) further, before undertaking the forestry operations in the areas allotted to them, the mpfdc is required to obtain permission from the central government in moef under section 2 (iv) of the fc act and no forest is to be worked without getting the working plan approved by the government of india. ..... (3) the government resolutions on the concept of jfm have been notified in the gazette of madhya pradesh in 1991, 1995, 2000 and 2001 but no role has been envisaged for the mpfdc in the above resolutions. .....
Tag this Judgment!Court : Supreme Court of India
..... these two appeals are filed under section 22 of the national green tribunal act, 2010 (for short the ngt act ) assailing the judgment and final order dated 18.1.2021 in the oa no.83/2019. ..... meter should obtain an ec from the state environment impact assessment authority (seiaa) of the ministry of environment, forest and climate change (moefcc).4 ..... lonkar nitin representing the original applicant before the national green tribunal. ms. ..... and for this they approached the pcmc for a lay out order, which as noted earlier was essential to obtain an ec from the seiaa of the ministry of environment, forest and climate change (moefcc). ..... under the impugned judgment, the ngt held that further construction cannot be made without environment impact assessment, but protected the constructions already made by the appellant, m/s sai baba sales pvt ..... principles relating to legitimate expectation, lord diplock observed that for a legitimate expectation to arise, the decision of the administrative authority must affect such person either (a) **** **** **** **** **** (b) by depriving him of some benefit or advantage which either: (i) he has in the past been permitted by the decision maker to enjoy and which he can legitimately expect to be permitted to continue to do until some rational ground for withdrawing it has been communicated to him and he has been given an opportunity to comment thereon or (ii) he has ..... m/s kamdhenu cattle feed industries4 where for a three-judge bench of this court justice j.s. .....
Tag this Judgment!Court : Chennai
..... [(2012) 4 scc362, interlocutory applications were filed for protection of red sandalwood as well as sandalwood which are stated to be a 'specified plant' and gave a direction to the central government to formulate a policy for conservation of sandalwood including provision for financial reserves for such conservation and scientific research for sustainable use of biological diversity in sandalwood and further direction was given to formulate rules and regulations under sections 3 and 5 of the environment (protection) act, 1986 for effective monitoring. ..... the fourth respondent has fairly stated that the herd of six elephants initially seemed to move into the forests of chittoor, andhra pradesh, maintaining contact with the groups there, but the completion of the four lane national highway in 2002, blocked any such excursion and therefore, the herd become isolated and started roaming in the forest of vellore, tiruvannamalai, kallakurichi, salem, attur, harur, tirupattur and dharmapuri forest divisions of tamil nadu. ..... union of india and others [(2012) 3 scc277, interlocutory applications were moved in writ petition (c)no.202/1995, which pertains to rescue plan to save the wild buffalo, an endangered species from extinction. .....
Tag this Judgment!Court : Chennai
..... the respondents seek to read into section 22 of the national green tribunal act, 2010, an implied exclusion of ..... if the respondents felt aggrieved by the acquisition of their lands situate at jaipur and wanted to challenge the validity of the notification issued by the state government of rajasthan under section 52(1) of the act by a petition under article 226 of the constitution, the remedy of the respondents for the grant of such relief had to be sought by filing such a petition before the rajasthan high court, jaipur bench, where the ..... ministry and comprising of competent officials and experts which obtains the inputs and materials from agencies involved in monitoring and supervising the activities of several persons, including business entities, then, all the more we do not see how in the face of such material any useful purpose will be served by interfering with the impugned orders and directing that the respondents must issue a notice to the petitioners and grant them a personal hearing and thereafter ..... the learned additional solicitor general submitted that there were deliberations amongst various departments and the ministry of home affairs ultimately decided not to issue security clearance for the reasons stated by them in their communication and therefore, the said communication of the ministry of home affairs cannot be subjected to judicial review as the courts are not experts in ..... secretary to government, ministry of environment and forests, new delhi) ..... vii) (1995) .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... alleging violation of certain conditions stipulated in the aforesaid ec, more particularly violation of the guidelines issued under the forest (conservation) act, 1980, the applicant has filed an application, invoking jurisdiction of this tribunal under section 14 of the national green tribunal act, 2010. ..... along with the application, the applicant has also filed a petition under section 19 (4) (i) of the ngt act, 2010 inter alia praying to restrain respondent no.3 from carrying out any construction in consonance with the ec granted in its favour, on the ground that, it would cause irreparable damage to ecology and environment. 3. mr. ..... considered the principle governing the grant of interim orders as well as all the pros and cons of the case in the touch-stone of the ratio laid down by the supreme court in the case of dalpat kumar (supra). ..... it is also submitted that alternative steps are being taken not to use the reserve forest land and instead use other land situated in the vicinity for laying down the pipe lines, and as such, if the construction work is stalled respondent no.3 would suffer insurmountable hardship. ..... the state level environment impact assessment authority, gujarat (sleiaa) by order dated 11th june, 2010 granted environmental clearance (ec) for establishing 300 mw (2x150 mw) imported / indian coal based thermal power plant at village bhadreshwar, taluk mundra, district kutch in .....
Tag this Judgment!Court : Kerala
..... section 22 of the national green tribunal act, 2010 [for brevity "the act"] provides an appeal to the supreme court, on any one or more of the grounds specified in section 100 of the code of civil procedure, 1908. ..... (c).no.22051 of 2015-f ------------------------------------------- dated this the 27th day of july, 2015 judgment the writ petition is filed by the petitioner on the ground that the order obtained from the national green tribunal [for brevity "ngt"], produced at exhibit p6, is a fraud played on the tribunal, since the 6th respondent's brother had been consistently before this court on earlier occasions, alleging that the petitioner did not have the proper licenses. ..... in madras bar association (supra) also, the hon'ble supreme court was considering with an enactment, which sought to substitute the powers conferred under article 226 and 227 of the constitution, by constituting a national tax tribunal, which was set aside. ..... in such circumstance, this court would not speak on the merits of the matter and would leave the petitioner to the remedies either before the tribunal itself or before the hon'ble supreme court, while declining the exercise of extra-ordinary jurisdiction. ..... now, the tribunal's jurisdiction is sought to be invoked on the ground that the operations carried on by the petitioner is harmful to the environment.2. .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... , (hppcl) for construction of 130 mw integrated kashang stage ii and iii hydroelectric project in this appeal, filed under section 18 (1) read with section 14, 15 and 16 of the national green tribunal act, 2010 (hereinafter referred to as ngt act). 2. ..... 12065/2009, delay occurring in filing of an appeal/application under the national green tribunal act, 2010, till 60 days after 30th may, 2011 has been condoned. 2. ..... it is thus evident that the electricity act is a special legislation within the meaning of section 29(2) of the limitation act, which lays down that where any special or local law prescribes for any suit, appeal or application a period of limitation different from the one prescribed by the schedule, the provisions of section 3 shall apply as if such period were the period prescribed by the schedule and provisions contained in sections 4 to 24 (inclusive) shall apply for the purpose of determining any period of limitation prescribed for any suit, appeal or application unless they are ..... the appellant seeks to assail the order dated 14th june, 2011 issued by ministry of environment and forests, granting final approval for diversion of 17.6857 ha of forest land in favour of m/s. .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... they also claim to be persons eligible within the meaning of section 18(2)(e) of the national green tribunal act, 2010 (for short the ngt act ) and have preferred the present appeal under section 16 read with sections 14, 15(b), (c) and 18(1) and (2) of the ngt act challenging the legality and correctness of the communication bearing no.j-13012/30/2010-ia-ii(t) dated 16th october, 2012, issued by the govt. ..... the appellants have specifically pleaded that though the environmental clearance for the proposed project has been granted vide communication dated 16th october, 2012, yet the project proponent has been continuously violating the provisions of 2006 notification, the environment (protection) act, 1986 as well as other relevant acts, as enumerated in the schedule to the ngt act. ..... thus, we have to draw an inference, which shall be, on the one hand, in consonance with the normal rules of behaviour of human beings, and on the other, with the correspondence that has been written by the ministry of environment and forests in the normal course of its business. 22. ..... in terms of the scheme of the notification and law, there are three stakeholders in the process of grant of environmental clearance : (a) project proponent (b) ministry of environment and forests, and (c) other agencies which are required to fulfill their obligations to make the communication complete in terms of the provisions of the act and the notification concerned. 13. .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... in course of hearing, it appears that the ec dated 20th march, 1997 granted by the moef to respondent no.4, was assailed before national environment appellate authority (neaa). ..... parikh learned counsel for the appellant, the ec granted on 1st september, 2011 being a comprehensive one, the same can be assailed only before this tribunal under section 18 of the ngt act, 2010, by way of filing an appeal ..... the main relief sought by the appellant in the said writ application is as follows:- i) to issue a writ of mandamus or any other writ, order or direction in the nature of mandamus and declare the environment clearance order no.j-13011/23/96-ia-ii (t) dated 20.3.1997 (annexure w) and order of extension dated 16.4.2002 (annexure mm) issued by the 1st respondent as being illegal and violative of article 21 of the constitution of india and provisions of the environment protection act. 5 ..... the order impugned before this tribunal being only amendment to the environment clearance granted in 1997, and as the order dated 20th march, 1997 is the subject matter of dispute before the honble karnataka high court in wp no ..... samithi, a society registered under the provisions of societies registration act, has filed this appeal, assailing the order dated 1st september, 2011, passed by the ministry of environment and forests (moef), allowing amendment of environment clearance (ec) for installation / expansion of 2x600 mw imported coal base thermal power plant, at udupi in the district of karnataka. .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... , in chhattisgarh is assailed in this appeal, invoking jurisdiction under section 11 (1) of the national environment appellate authority act, 1997. 2. ..... after going through the averments made in the application of condonation of delay and the fact that protection of environment is more important than prohibiting a person to approach this tribunal on technical objections (see air 1979 sc. ..... after promulgation of national green tribunal act, 2010 the said appeal stood transferred to this tribunal. ..... order dated january 18, 2010 passed by the ministry of environment and forests granting environmental clearance to 3x350 mw coal based thermal power plant at village dhanras, in khatgora tehsil, in korba distt. ..... in the counter affidavit filed by the ministry, the date on which the order was uploaded in the website is not mentioned which raises a cloud of suspicion in our mind with regard to the date. 5. ..... learned counsel for respondent 3 further submits that a copy of the order was handed over to the local gram panchayat to display the same on the notice board. ..... in course of hearing, however, it appears that the appeal was presented beyond the time prescribed under the act. ..... unfortunately, no documents is produced before us to satisfy that, in fact, the entire order was published or exhibited on the notice board of the local gram panchayat. 7. ..... it is further submitted that the said order was not put on the website of the ministry, though law mandatorily requires to do so. .....
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