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 .....
Tag this Judgment!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. .....
Tag this Judgment!Court : Supreme Court of India
..... 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 (29 of 1986); section 20 mandates that the tribunal shall, while passing any order, decision or award, apply the principles of sustainable development, the precautionary principle and the ..... into the ground or into sewers, surface waters, groundwater, coastal waters or the sea; (viii) risk of accidents during construction or operation of the project, which could affect human health or the environment; and (ix) environment sensitivity which includes, amongst other things, the furnishing of the following details: areas protected under international and national legislation; ..... trees public consultation g h appraisal by the eac the appellate jurisdiction of the ngt: the requirement of a merits review environmental rule of law directions 2 i j k a introduction part a1an appeal was filed before the principal bench of the national green tribunal1 at new delhi challenging the grant of an environmental clearance2 for the development of a greenfield international airport ..... the appellants have been negated by the respondent by producing a documentation of botanical survey of india, western regional centre, pune, maharashtra titled as a note on occurrence and distribution .....
Tag this Judgment!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. .....
Tag this Judgment!Court : Supreme Court of India
..... , j.this appeal, under section 22 of the national green tribunal act 2010, is against a final order dated 10th may 2017 passed by the national green tribunal, southern zone, chennai, dismissing the application no.169 of 2016 (sz) filed by the appellant under section 18(1) read with section 14 of the national green tribunal act 2010, whereby the appellant had prayed for a direction for closure of the common bio-medical waste treatment facility run by the respondent no.3, on the ground of alleged non-compliance of the provisions of the environmental impact assessment notification 2006, hereinafter referred to as the 2006 eia2notification as amended on 17th ..... by a judgment and order dated 28th november 2013, the principal bench of the national green tribunal at new delhi held that bio-medical waste treatment plants were required to obtain 4 an environmental clearance (ec) from the ministry of environment and forests, government of india, hereinafter referred to as moef&cc , in terms of entry 7(d) of the notification dated 14th september 2006. ..... before the hon'ble first bench, a public interest litigation was filed by the puducherry environment protection association, challenging the notification dated 14.03.2017, on identical grounds and the hon'ble first bench by judgment dated 13.10.2017, recorded the submissions of the learned assistant solicitor general of india that the said notification was a one-time measure and accordingly, disposed of the writ petition.10. .....
Tag this Judgment!Court : Jharkhand
..... learned counsel for the state has also pointed out that all these activities came within the definition of the 'substantial questions relating to environment', as defined in section 2(m) of the national green tribunal act, 2010, which fall within the jurisdiction of the national green tribunal to adjudicate the matter. ..... it is also pointed by learned counsel for the state that schedule-1 of the national green tribunal act contains environment (protection) act, 1986, and the notification dated 29.3.2012 declaring the area up to five kilometers from the boundary of the protected dalma wildlife sanctuary as eco-sensitive zone, has been issued under the environment (protection) act. ..... 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 en- vironmental issues and matters covered under the ngt act, sched- ule i should be instituted and litigated before the national green tribunal (for short ngt ). ..... it is further pointed out that the composition of the national green tribunal, as prescribed 7 under section 4 of the national green tribunal act, consists of chairman, judicial members and several expert members, and it is for the expert members to see whether brick kilns run by the appellants, ought to have been permitted within the dalma eco-sensitive zone or not. .....
Tag this Judgment!Court : Jharkhand
..... learned counsel for the state has also pointed out that all these activities came within the definition of the 'substantial questions relating to environment', as defined in section 2(m) of the national green tribunal act, 2010, which fall within the jurisdiction of the national green tribunal to adjudicate the matter. ..... it is also pointed by learned counsel for the state that schedule-1 of the national green tribunal act contains environment (protection) act, 1986, and the notification dated 29.3.2012 declaring the area up to five kilometers from the boundary of the protected dalma wildlife sanctuary as eco-sensitive zone, has been issued under the environment (protection) act. ..... 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 en- vironmental issues and matters covered under the ngt act, sched- ule i should be instituted and litigated before the national green tribunal (for short ngt ). ..... it is further pointed out that the composition of the national green tribunal, as prescribed 7 under section 4 of the national green tribunal act, consists of chairman, judicial members and several expert members, and it is for the expert members to see whether brick kilns run by the appellants, ought to have been permitted within the dalma eco-sensitive zone or not. .....
Tag this Judgment!Court : Jharkhand
..... learned counsel for the state has also pointed out that all these activities came within the definition of the 'substantial questions relating to environment', as defined in section 2(m) of the national green tribunal act, 2010, which fall within the jurisdiction of the national green tribunal to adjudicate the matter. ..... it is also pointed by learned counsel for the state that schedule-1 of the national green tribunal act contains environment (protection) act, 1986, and the notification dated 29.3.2012 declaring the area up to five kilometers from the boundary of the protected dalma wildlife sanctuary as eco-sensitive zone, has been issued under the environment (protection) act. ..... 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 en- vironmental issues and matters covered under the ngt act, sched- ule i should be instituted and litigated before the national green tribunal (for short ngt ). ..... it is further pointed out that the composition of the national green tribunal, as prescribed 7 under section 4 of the national green tribunal act, consists of chairman, judicial members and several expert members, and it is for the expert members to see whether brick kilns run by the appellants, ought to have been permitted within the dalma eco-sensitive zone or not. .....
Tag this Judgment!Court : Jharkhand
..... learned counsel for the state has also pointed out that all these activities came within the definition of the 'substantial questions relating to environment', as defined in section 2(m) of the national green tribunal act, 2010, which fall within the jurisdiction of the national green tribunal to adjudicate the matter. ..... it is also pointed by learned counsel for the state that schedule-1 of the national green tribunal act contains environment (protection) act, 1986, and the notification dated 29.3.2012 declaring the area up to five kilometers from the boundary of the protected dalma wildlife sanctuary as eco-sensitive zone, has been issued under the environment (protection) act. ..... 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 en- vironmental issues and matters covered under the ngt act, sched- ule i should be instituted and litigated before the national green tribunal (for short ngt ). ..... it is further pointed out that the composition of the national green tribunal, as prescribed 7 under section 4 of the national green tribunal act, consists of chairman, judicial members and several expert members, and it is for the expert members to see whether brick kilns run by the appellants, ought to have been permitted within the dalma eco-sensitive zone or not. .....
Tag this Judgment!Court : Jharkhand
..... learned counsel for the state has also pointed out that all these activities came within the definition of the 'substantial questions relating to environment', as defined in section 2(m) of the national green tribunal act, 2010, which fall within the jurisdiction of the national green tribunal to adjudicate the matter. ..... it is also pointed by learned counsel for the state that schedule-1 of the national green tribunal act contains environment (protection) act, 1986, and the notification dated 29.3.2012 declaring the area up to five kilometers from the boundary of the protected dalma wildlife sanctuary as eco-sensitive zone, has been issued under the environment (protection) act. ..... 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 en- vironmental issues and matters covered under the ngt act, sched- ule i should be instituted and litigated before the national green tribunal (for short ngt ). ..... it is further pointed out that the composition of the national green tribunal, as prescribed 7 under section 4 of the national green tribunal act, consists of chairman, judicial members and several expert members, and it is for the expert members to see whether brick kilns run by the appellants, ought to have been permitted within the dalma eco-sensitive zone or not. .....
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