Judgment Search Results Home > Cases Phrase: national environment tribunal act 1995 section 18 distribution of business amongst the benches Page 2 of about 210 results (0.094 seconds)

S.K. Shetye, General Secretary, All India Port and Dock Workers' Feder ...

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. .....

Vimal Bhai and ors. Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : 158(2009)DLT477

..... the following order was passed by this court:by order dated 29th september, 2005, the division bench of this court directed the union of india and all its concerned functionaries to take requisite steps for clearing the proposals related to the appointment of the chairman of the appellate authority under the national environment appellate authority act 1997 and other technical members and reconstitute the ..... in the scheme of the statement of objects and reasons to the neaa act appended to the bill, it is stated as under:clause (v) of sub-section (2) of section 3 of the environment (protection) act, 1986 empowers the central government to impose restrictions in the areas in which any industries, operations or class of industries, operations or processes shall not be carried out or ..... the number of tribunals that have been created by the union of india even subsequent to the neaa act, and given the fact that the chairpersons of many such tribunals have been extended the terms applicable to a sitting supreme court judge which includes providing the appropriate official accommodation, the excuse of shortage of accommodation only for the chairperson of the ..... section 6 states that in the absence of the chairperson, the functions of such chairperson shall be discharged by the vice-chairperson, section 10 of the act states that no act or proceedings of the neaa shall be questioned or shall be invalid merely on the ground of existence of any vacancy or defect in the establishment of the .....

Central India AYUSH Drugs Manufacturers Association and Others Vs. Sta ...

Court : Mumbai Nagpur

..... according to him, the present grievance in writ petition should be raised before the national green tribunal in view of provisions contained in section 14 of the national green tribunal act, 2010. ..... the environment (protection) act, 1986, vide its section 5a, provides for an appeal to the national green tribunal against directions issued under section 5 of the said act. ..... act, same also cannot be looked into by the tribunal constituted under the national green tribunal act, 2010 ..... the national green tribunal act, 2010 has received assent of the hon'ble president on 2.6.2010 and has been brought into force from 18.10.2010. 8 ..... manohar for the petitioners, in reply, relies upon the judgment of the division bench of this court in the case of indian oil corporation ltd ..... in brief reply, learned senior counsel shri aditya sondhi for respondent nos.3 and 4 invites our attention to the judgment of the seven judges bench of the hon'ble apex court in the case of l. ..... he has attempted to draw assistance from order dated 2.12.2013, passed by the division bench of the karnataka high court, in writ petition no.41532 of 2012. 5. ..... this is also seen in a judgment delivered by the division bench of this court reported at 2015 scc online bom 3699 (anil hoble .vrs ..... and others (supra), considers this aspect and other judgments of hon'ble supreme court taking similar view have been followed by the division bench in this judgment. 26. ..... the division bench judgment of this court in case of indian oil corporation ltd .....

Dinesh Bothra Vs. State and Ors

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. .....

Sreeranganathan K.P., Sreepadam Vadakkkekkottaram (H) and Others Vs. t ...

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 .....

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 .....

All Kerala River Protection Council Vs. State of Kerala

Court : Kerala

..... of the powers conferred by sub-section(1) and clause (v) of sub-section (2) of section 3 of the environment (protection)act, 1986 (29 of 1986) read with sub-rule (4) of rule 5 of the environment (protection rules), 1986, the central government hereby makes the following further amendment to the notification of the government of india, in the ministry of environment and forests number s.o.1553(e) dated 14th september, 2006 after having dispensed with the requirement of notice under clause (a) of sub-rule (3) of the said rule 5 in public interest, namely:- in the said notification, in the schedule, for item 1 (a) and entries relating thereto, the ..... for the purpose of this case it is not necessary for us to enter into the issue as to whether direction of the national green tribunal in its order dated 13.01.2015 is inoperative or invalid, since we have already held that in view of the direction of the government of india, ministry of environment and forests dated 18.05.2012 read with the judgment of the apex court in deepak kumar's case (supra) now it is mandatory to obtain environmental clearance of mining lease for an area less than 5 hectares.63 ..... w.p(c).no.7109 of 2014 has been filed by the petitioner seeking a mandamus directing the respondents not to interfere in the business of the petitioner in mining sand with the help of mechanised devices.20. ..... the learned single judge after noticing the contentions of the parties by order dated 12.03.2014 referred the matter to division bench .....

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 .....