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 : Delhi
..... it would be seen from a perusal of section 14 of the national green tribunal act, 2010 that before a matter can be brought to the tribunal, it should fulfill two requirements. ..... section 15(1) of the said act provides that the tribunal may, by an order, provide, (a) relief and compensation to the victims of pollution and other environmental damage arising under the enactments specified in the schedule 1, including accident occurring while handling any hazardous substance, (b) for restitution of property damaged and (c) for restitution of the environment for such area or areas, as the tribunal may think fit. ..... considering the provisions of environment protection act, 1986, the environment protection rules, 1986 and the noise pollution (regulation and control) rules, 2000 as also the definition of noise pollutants given in the air (prevention and control of pollution) act, 1981, it can hardly be disputed that these petitions involve a substantial question relating to environment including enforcement of legal rights relating to environment and such questions arise out of the implementation particularly of the environment (protection) act, 1986. .....
Tag this Judgment!Court : Delhi
..... it would be seen from a perusal of section 14 of the national green tribunal act, 2010 that before a matter can be brought to the tribunal, it should fulfill two requirements. ..... section 15(1) of the said act provides that the tribunal may, by an order, provide, (a) relief and compensation to the victims of pollution and other environmental damage arising under the enactments specified in the schedule 1, including accident occurring while handling any hazardous substance, (b) for restitution of property damaged and (c) for restitution of the environment for such area or areas, as the tribunal may think fit. ..... considering the provisions of environment protection act, 1986, the environment protection rules, 1986 and the noise pollution (regulation and control) rules, 2000 as also the definition of noise pollutants given in the air (prevention and control of pollution) act, 1981, it can hardly be disputed that these petitions involve a substantial question relating to environment including enforcement of legal rights relating to environment and such questions arise out of the implementation particularly of the environment (protection) act, 1986. .....
Tag this Judgment!Court : Delhi
..... it would be seen from a perusal of section 14 of the national green tribunal act, 2010 that before a matter can be brought to the tribunal, it should fulfill two requirements. ..... section 15(1) of the said act provides that the tribunal may, by an order, provide, (a) relief and compensation to the victims of pollution and other environmental damage arising under the enactments specified in the schedule 1, including accident occurring while handling any hazardous substance, (b) for restitution of property damaged and (c) for restitution of the environment for such area or areas, as the tribunal may think fit. ..... considering the provisions of environment protection act, 1986, the environment protection rules, 1986 and the noise pollution (regulation and control) rules, 2000 as also the definition of noise pollutants given in the air (prevention and control of pollution) act, 1981, it can hardly be disputed that these petitions involve a substantial question relating to environment including enforcement of legal rights relating to environment and such questions arise out of the implementation particularly of the environment (protection) act, 1986. .....
Tag this Judgment!Court : Supreme Court of India
..... respondents judgment indira banerjee, j.this appeal under section 22 of the national green tribunal act, 2010, is against an order dated 3rd june 2021 passed by the principal bench of the national green tribunal (ngt) in o.a no.287/2020 at new delhi, inter alia, holding that establishments such as the manufacturing units of the appellants, which did not have prior environmental clearance (ec) could not be allowed to operate.2. ..... sub-section (2) of section 3 of the ep act enables the central government to take, inter alia, the following measures: (i) co-ordination of actions by the state governments, officers and other authorities (a) under this act, or the rules made thereunder; or (b) under any other law for the time being in force which is relatable to the objects of this act; (ii) planning and execution of a nation-wide programme for the prevention, control and abatement of environmental pollution; (iii) laying down standards for the quality of environment in its various aspects; (iv) laying down standards for emission or discharge ..... the air pollution control equipment of such specification which shall keep the emissions within the emission standard as approved by the state board from time to time shall be installed and operated in the premises where the industry is carrying on/proposed to carry on its business.11. ..... the appellants carry on business, inter alia, of manufacture and sale of basic organic chemicals, namely, formaldehyde. .....
Tag this Judgment!Court : Supreme Court of India
..... an application was filed before the tribunal on 20.7.2019 on the ground that the project proponent has set up the unit in violation of environment impact assessment (eia) notification dated 14.9.2006, as such plant would fall within category 3(a) i.e. ..... it is noted that the project proponent has 1 for short, the applicant 2 for short, the tribunal 1 invested rs.1100 crores for the development of infrastructure and had a turnover of approximately rs.743 crores and paid rs.286.17 crores as goods and services tax till the financial year 2020-21. ..... this order shall dispose of civil appeal no.3116 of 2020 arising out of an application filed by the appellant1 before the national green tribunal2 and civil appeal no.3576 of 2020 filed by the project proponent, both arising out of the same order passed by the tribunal on 12.2.2020.2. ..... a) metallurgica a) primary general condition l industries metallurgical shall apply for (ferrous & industry all sponge iron non ferrous) projects manufacturing note: b) sponge iron sponge iron (i) the recycling manufacturing manufacturing industrial units 200 tpd ..... after the unit was erected, project proponent was granted permission to operate the unit on 6.2.2020. ..... the applicant also earned us dollars 15.52 million foreign exchange for the country.3. ..... the project proponent applied for consent to establish (cte) cold rolled coils of stainless steel on 20.1.2018, the permission of which was granted by gujarat state pollution control board. .....
Tag this Judgment!Court : Mumbai
..... the present petition, as well as writ petition no.3836/2014 instituted by the respondent no.8-contractor, this court, on 17 april 2014 made the following order: we are satisfied that the order passed by the national green tribunal, western zone, bench pune - (ngt) directly overrides the order passed by the division bench of this court on 8.1.2014 though this order was shown to the ngt and also the other orders passed by the apex court and the high court were brought to the notice of the ..... article 51-a of the constitution enjoins that it shall be the duty of every citizen of india, inter alia, to protect and improve the national environment including forests, lakes, rivers, wildlife and to have ..... been made to the moef for clearance which is still to be disposed of; (iv) the municipal corporation is ready and willing to ensure that in the course of carrying out the project, no dumping shall take place on wetlands / mangroves and that the culverts are widened and regularly maintained so as to obviate a danger to the environment; (v) the municipal corporation has moved the state government for leasing out an additional area belonging to the corporation on a concessional rent under section 92 of the mcgm act 1886 and (vi) the forest department may ..... view of the agreement amongst all the learned senior counsel for the parties, we direct that the order 08.01.2014 passed by the high court shall remain operative and all parties shall act in compliance and in accord with the above order .....
Tag this Judgment!Court : Supreme Court of India
..... prejudice to the generality of the provisions of sub-section (1), such measures may include measures with respect to all or any of the following matters, namely:-- (i) co-ordination of actions by the state governments, officers and other authorities-- (a) under this act, or the rules made thereunder, or (b) under any other law for the time being in force which is relatable to the objects of this act; (ii) planning and execution of a nation-wide programme for the prevention, control and abatement of environmental pollution; (iii) laying down standards for the quality of environment in its ..... the order civil appeal nos.1628-29 of 2021 page 19 of 32 dated 29th june 2021 passed by this court in the present appeals is relevant, which reads thus: x(name masked), learned senior counsel appearing for the appellant, submits that the learned counsel appearing for the appellant before the national green tribunal argued that exemption could not have been granted by the notification of the ministry of environment, forest and climate change which has not been considered by the tribunal. ..... oka, j.factual aspects1 these appeals take exception to the judgment and order dated 28th october 2020 (for short, the impugned judgment ) passed by the national green tribunal, principal bench, new delhi (for short, the ngt ). .....
Tag this Judgment!Court : Karnataka
..... bench of this court, after referring to the principles evolved in various international conferences and to the concept of sustainable development , inter alia, held that the precautionary principle and polluter-pays principle have now emerged and govern the law in our country, as is clear from articles 47, 48-a and 51-a(g) of our constitution and that, in fact, in the various environmental statutes including the environment (protection) act ..... the "cauvery calling" project and "rally for rivers" have received the support and commendations of several organizations such as the united nations environment program (unep), the united nations ..... distributed by isha outreach s nurseries for planting in the year 2019-20 because of the impetus provided by the ..... the principles noticed in vellore citizens' welfare forum case [(1996) 5 scc647 the same have been explained in more detail with a view to enable the courts and the tribunals or environmental authorities to properly apply the said principles in the ..... the trust is registered with the income tax department as per section 12aa and section 80g of the income tax act, 1960 and this court by an order dated 11.6.2020 has allowed the ..... the green school movement with the objective of building both environmental awareness and involvement amongst ..... sharma, ias retd, md of small farmers agri business consortium, ministry of agriculture, govt.of india.6) mr.b.muthuraman ..... the state of forest report 1995 published by the forest survey of india when compared with the .....
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