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Gangadhar Narsingdas Agrawal and Others Vs. Ministry of Environment an ...

Court : Mumbai Goa

..... solicitor general, submitted that in terms of the said judgment, all the petitioners are bound to approach the national green tribunal constituted under the national green tribunal act, 2010, by filing an appeal under section 16 of the national green tribunal act, 2010. mr. ..... khambatta, learned senior counsel appearing for the petitioner in writ petition no.685/2012, submitted that the mere fact that an appeal is provided under section 16 of the national green tribunal act, 2010, does not bar the jurisdiction of this court to entertain a writ petition. ..... nadkarni, learned advocate general appearing for the state of goa in all the writ petitions, submitted that the petitioners are entitled to personal hearing, considering the adverse civil consequences emanating from the impugned orders, having regard to the provisions of the environment (protection) act and the rules framed thereunder. 17. ..... in the case of madhav ramchandra nanivadekar (supra), the division bench of this court held that it was not obligatory on the part of the land acquisition officer to give personal hearing in an inquiry under section 5a of the land acquisition act, when the citizen did not demand such a personal hearing, although such an opportunity was offered to him. 29. ..... on 15th december, 1995, respondent no.1 granted permission for diversion of forest land for mining lease under section 2 of the forest conservation act, 1980, which was extended from time to time. .....

State of West Bengal and ors. Vs. Sanjeevani Projects (P) Ltd. and ors ...

Court : Kolkata

Reported in : 2006(1)CHN241

..... . the post forty-second amendment era saw a number of legislations being enacted -- environment (protection) act, 1986, air (prevention and control of pollution) act, 1981 and national environment and tribunal act, 1995 ..... . manick das learned counsel for the pollution control board, that in exercise of powers conferred under section 3(1) and section 3(2)(v) of the environment (protection) act, 1986 read with rule 5(3)(d) of the environment (protection) rules, 1986 issued a notification on 27th january, 1994 published in the official gazette (annexure 'x' to the affidavit of pollution control board) prohibiting expansion or modernization activity exceeding the pollution load listed in schedule i except with the environmental clearance by the central government in accordance with the procedure prescribed in the said notification ..... mukherjee's contention that in the absence of any specific notification under section 1(3) of the wblr act, 1955, section 4c of the wblr act cannot be enforced, has since been answered the division bench of this court in the case of vassanti devi pandey v. ..... . the concern should equally be distributed for the human beings who also deserve compassion no less than the living creatures in case living creatures do not encompass human beings ..... the commercial activities of some people may be a fundamental right for them to carry on business. .....

Alaknanda Hydro Power Co.Ltd. Vs. Anuj Joshi and ors.

Court : Supreme Court of India

..... , on 30.06.2011, in exercise of powers conferred under section 5 of the environment (protection) act, 1986 passed a stop work order directing ahpcl to attend certain environmental issues which included (i) mounting dhari devi temple at a higher elevation as per the plan prepared by intach (ii) maintain and manage muck at the various muck disposal sites by providing retention wall, slopes, ..... 074 ha ii) forest land for diversion 338.86 ha iii) capacity 330 mw (4x82.5 mw) iv) dam height from the deepest foundation 90 m v) dam height for the river bed level 66 m vi) frl el 605.5 m vii) mddl el 603.0 m viii) dam top road level 611.0 m in view of the above, i am directed to clarify that the transfer of environment clearance from dhpcl to alaknanda hydro power company limited (ahpcl) vide this ministry s letter not j-12011/6/96-ia_i dated 27th ..... also pointed out that so far as the issue of dhari devi temple is concerned, the joint committee had endorsed and recommended that upliftment of the temple adhering to the intach plan is the best option and has found wide acceptability amongst temple samiti, pujari, local inhabitants as well ..... has been added to this litigation by initiating certain proceedings by group of litigants before the national green tribunal, new delhi. ..... total 133 villages have been identified for the cat plan and division wise distribution of which is narendranagar forest division 40 villages, rudraprayag forest division 41 villages, garhwal forest division 21 villages and .....

Raza Ahmad Vs. State Of Chhattisgarh .

Court : Supreme Court of India

..... 13 section 38(1) of the ngt act stipulates that the national environment tribunal act 1995 and the national environment appellate authority act 199710 would stand repealed. ..... section 38(3) dissolved the national environment appellate authority established under the above 1997 act. ..... section 38(5), however, makes a provision for the transfer of all cases pending before the national environment appellate authority to the ngt. ..... 20 we accordingly issue the following directions: (i) the challenge to the ec dated 1 may 2008 is barred by limitation; (ii) the proceedings are remitted back to the ngt for determining as to whether the challenge to the proposed modification of the land use to industrial purpose through the notification dated 3 february 2011 can be entertained within the extended period as prescribed by the proviso to section 14(3) of the ngt act; (iii) the ngt, in considering the aspect which is referred to in (ii) above, shall be at liberty to determine whether sufficient cause has been shown by the appellant for condoning the delay; and 9 (iv) we clarify that ..... appellant(s) versus state of chhattisgarh & ors ....respondent(s) judgment dr dhananjaya y chandrachud, j1this appeal under section 22 of the national green tribunal act 20101 arises from a judgment dated 2 august 2013 of the national green tribunal2, at its central zone bench in bhopal. .....

Alembic Pharmaceuticals Ltd. Vs. Rohit Prajapati .

Court : Supreme Court of India

..... r f nariman, speaking for a two judge bench held that while exercising its jurisdiction under section 16, the ngt cannot strike down rules or regulations made under the environment protection act 1986. ..... 18 (2017) 9 scc49916 nadu pollution control board v sterlite industries (i) ltd19 ( sterlite ) this court analysed the adjudicatory functions which have been entrusted to the ngt under the national green tribunal act 201020. ..... manufacturing activities gpcb granted no objection certificate for expansion of unit no 2 for manufacturing of two additional products phorate and terbuphose (300 mt pm combined) gpcb granted no objection certificate for expansion of unit no 2 for the manufacture of acephate (80 mt per month) 1993 17 november 1995 2 april 1996 27 august 2009 gpcb granted a consolidated consent and authorisation to unit no 2 gpcb issued consent to establish (noc) for expansion of unit no 2 25 july 2012 11 may 2015 gpcb granted a ..... in this context it has been submitted: (a) on 30 september 1995, gpcb issued an air consent order under the air act; (b) on 9 january 1996 gpcb issued an authorisation under the hazardous waste rules; (c) on 16 april 1996 gpcb issued a water consent order under the water act; (d) on 15 april 2009 gpcb granted a consolidated consent and authorisation to the manufacturing unit of the appellant; (e) on 11 june 2010 and 26 june 2012, gpcb amended the consolidated consent and authorisation granted to the appellant on 13 april 2009; (f) on 30 may 2011, .....

K.t.v. Health Food Private Limited Vs. Union Of India

Court : Supreme Court of India

..... the appeals are lodged under section 22 of the national green tribunal act, 2010. c.a. ..... we may only further notice that among the other 4 categories of crz, the crz includes the water and the bed area between the ltl (low tide line)(which line is based on the lowest height of the water body during the spring tide) to the territorial water limit (12 nautical miles) in the case 17 of the sea and the water bed and area between the ltl at the bank to the ltl on the opposite of the bank of the tidal influenced water bodies. ..... a perusal of the 2011 notification reveals the following as the avowed objects: (i) ensuring livelihood security to the fisher communities and other communities living in the coastal areas, (ii) conservation and protection of coastal stretches; (iii) the protection of the unique environment of the coastal stretches and its marine area; (iv) promotion or development through sustainable manner based on 30 scientific principles taking into account the dangers of natural hazards in the coastal areas; (v) the aspect of sea level rise due to global warming. ..... it has also constructed a storage facility, being engaged in the business of edible oil, for the purpose of storing the imported edible oil at a distance of nearly 600 meters from the location of the storage tank of the appellant in the first appeal. ..... 2 the facts3 the appellant is in the business of processing and refining edible oil. ..... towards the said business, the appellant imports edible oil. .....

Dharmendra Kumar Singh Vs. The State Of Uttar Pradesh

Court : Supreme Court of India

..... the appellants naturally being aggrieved filed appeals before this court as being the affected parties under section 22 of the national green tribunal act, 2010 (hereinafter referred to as the ngt act ) arraying the state of up, its concerned departments and officers, moefcc, as well as aikpf (the original petitioners before the ngt) as respondents. ..... state of haryana and ors.19 which in turn had extracted the recommendations of ministry of environment and forest regarding the definition of the term minor mineral , which it said meant building stone, gravel, ordinary clay, ordinary sand other than sand used for prescribed purposes and any other material which the central government may, by notification declare to be a minor mineral.20 the appellants case:22. ..... in pursuance of this initial development, a notification dated 20.3.2017 was issued by the ministry of environment, forest and climate change (for short moefcc ) declaring the area in question as an eco-sensitive zone (for short esz ) under sub-section (1) and clauses (v) and (xiv) of sub-section(2) and (3) of the environment (protection) act, 1986 (hereinafter referred to as the epa ).5. ..... an ideological battle often rages between preservation of environment and economic development. .....

Krishna Stone Crushers and Others Vs. Haryana State Pollution Control ...

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 provisions of this section came to be interpreted by a bench of this tribunal which has stated the law beyond ambiguity that once there is a delay beyond 90 days, then the tribunal will have no jurisdiction to condone the same unless and until the communication of the order impugned in the appeal is shown not to have been received so late that it falls beyond the period of ..... the said appellant carries on the business of stone crushing, located in district yamuna nagar of the state of haryana and falls under the jurisdiction ..... all the appellants are carrying on the business of stone crushing under different names and styles in the state ..... when it started its business in the year 1996, the appellant had obtained a no objection certificate (for short the noc) from hspcb on 9th ..... is of utmost importance and must prevail over a private business interest. .....

Cedric Bosco Savio Lobo Vs. State of Goa, represented by its Chief Sec ...

Court : Mumbai Goa

..... b-249, the deputy collector and the sdo submitted a report to the gczma and despite the fact that the said construction had been carried out in gross violation of the environment protection act and the crz notification of the year 1991 no action was being taken. ..... he further submitted that a letter was sent on 26.8.2013 to the chief secretary of the government of goa requesting him to take action and ultimately on 25.11.2013 an application was filed by the petitioner to the national green tribunal, pune. ..... in the present case it is not disputed that the subject property is a part of the estate of the said augusta d'souza which is pending for distribution upon her death, wherein the brother of the petitioner alongwith his sister in law are also parties. ..... he has relied upon the judgment in ca 4941-2013 in the case of association for environment protection vs state of kerala, the judgment of this court in writ petition no. ..... it is not disputed that this petition is not a public interest litigation on the ground that there is a violation of crz regulations, 1991 caused by degradation of the environment to the public. ..... it is further pointed out that the license was applied before the coming into force of the crz regulations of 1991 and as such, the contention of the petitioner that the development is contrary to the crz regulations is misconceived. .....

Palanisamy Shanmugam Vs. The District Collector, Tirupur District, Pal ...

Court : Chennai

..... after knowing that the construction is carried on without any valid permission, the petitioner filed an application in a.no.163/2016 before the national green tribunal, southern zone, which disposed of the said application on 28.07.2016, on production of environment clearance certificate by the fifth respondent. ..... with regard to other queries, the national green tribunal has granted liberty to the petitioner to approach the appropriate forum. ..... member secretary, yanam planning authority, mini civil station, yanam and another), wherein, the division bench of this court has observed that the government and board have no power under the act to regularize illegal construction. ..... e) environment impact assessment has been already obtained for the construction of 1280 tenements by the tamil nadu slum clearance board and there is no residential building in this land survey no.429/1 and 437. ..... the government and the board have to act within the four corners of the puducherry town and country planning act. ..... in case, the authorities have exempted illegal buildings from the provisions of the act and building bye-laws or regularised the illegal constructions, such actions are justiciable. ..... therefore, the petitioner made applications to respondents 2, 3 and 5 seeking certain informations under the right to information act. .....