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Union of India Vs. the Goa Foundation and ors.

Court : Supreme Court of India

in the supreme court of india civil appellate jurisdiction civil appeal not d. 437 of 201.union of india appellant versus the goa foundation and ors. respondents order 1. the learned solicitor general of india, on instructions, would submit that there is yet another report of a high level working group constituted under the environment (protection) act, 1986 and, further, submits that the said report has taken exception to certain recommendations made in western ghat ecology expert panel (w.g.e.e.p.) report. if that is so, the appellant should bring the aforesaid fact to the notice of the national green tribunal by filing an appropriate application.2. in that view of the matter, we are not inclined to entertain this civil appeal for the present.3. accordingly, the civil appeal is disposed of. we also grant liberty to the appellant to make an appropriate application for bringing the aforesaid fact to the notice of the national green tribunal. it is for the tribunal to consider the same in accordance with law. ..2 :2. :4. we clarify that we have not expressed any opinion on the submission made by learned solicitor general. .....................j.(h.l. dattu) .....................j.(jagdish singh khehar) new delhi; april 26 2013.

North Goa District Advocates Association and Others Vs. The High Court ...

Court : Mumbai

..... the directions were required to be issued by the goa state pollution control board on 28th july, 2014 under section 5 of the environment (protection) act, 1986 (for short the said act of 1986 ? ..... sheet no.56, chalta no.6 of city survey of panaji at the earliest to overcome the issues of waste processing within the jurisdiction of respondent no.4, however the respondent no.4 is unable to proceed with activities on account of the order passed by national green tribunal (western zone), pune. ? ..... board shall serve copies of the reports to the petitioners; (v) the first of such reports shall be filed before the end of january 2016; (vi) if the construction of the court complex on merces land is not completed on or before 15th january 2018 and if the nuisance caused by the garbage dump continues till then, it will be open to the petitioners to file a fresh petition seeking appropriate reliefs; (vii) the high court administration to consider whether the muddemal and other record can be shifted to the new building instead of shifting ..... in pil no.6 of 2009, a division bench at goa by order dated 26th august, 2009 directed the government of goa to allot a land admeasuring 20,000 square meters at merces (for short merces land ..... he pointed out the order dated 26th august, 2009 passed by a division bench of this court at goa in a pil which directed the state government to provide a plot of land admeasuring about 20,000 square meters at merces, panaji and accordingly the plot has been allotted. .....

The State of Andhra Pradesh and ors. Vs. K. Mohanlal and anr.

Court : Supreme Court of India

Reported in : JT1998(4)SC110; (1998)IIIMLJ86(SC); 1998(3)SCALE617; (1998)5SCC468; [1998]3SCR463

..... dipankar gupta, learned counsel who was gracious enough to appear before us amicus curie at our request, drew our attention to a large number of such tribunals with a mixed composition constitued, for example, under the consumer protection act, 1986, under the income-tax act, 1961, under the national, environment tribunal act, 1995, under the sick industrial companies (special provisions) act, 1985 and so on. ..... in respect of the retired judges of the district courts and the revenue officers not below the rank of a district collecter, we do not see any reason why the authority to appoint, which is given to the government under section 7 of the said act, cannot be upheld. ..... the proviso to section 7(3) prescribes that the appointment of a person who was a judge of a high court as chairman of the special court shall be made after consultation with the chief justice of the high court concerned. ..... the challenge in the proceedings is to the constitutional validity of section 8 relating to the appointments to be made to the special court. ..... the original petitioners had challenged the constitutional validity of section 7 relating to the special court. ..... however, section 7 cannot be considered as violative of any provision of the constitution. ..... the relevant parts of section 7, as it stands at present, are as follows :'7. ..... this condition will have to be read into section 7 to make it valid. .....

Gadbad S/O Bhavdu Sonne Vs. Ramrao S/O Bhavdu Sonne

Court : Mumbai Aurangabad

..... with coming into force of this provision, it can be seen that, the civil courts jurisdiction over the civil cases/ suits involving substantial questions relating to environment (including enforcement of any legal right relating to environment) and arising out of the implementation of enactments specified in schedule i to the national green tribunal act, 2010 is taken over by the tribunal by virtue of section 14 of the said act. 26. ..... section 2(1)(c) of the national green tribunal act, 2010 defines environment as under: (c) environment includes water, air and land and the interrelationship, which exists among and between water, air and land and human beings, other living creatures, plants, microorganism and property. 21. ..... moreover, a bar to the jurisdiction of the civil courts in respect of the claim, which may be adjudicated upon by the tribunal is expressed in section 29 of the national green tribunal act, 2010 in the following words: 29. ..... however, the civil cases/ suits not involving any substantial question relating to environment and not arising out of the implementation of enactments specified in schedule i to the national green tribunal act, 2010 i.e. ..... section 14 of the national green tribunal act, 2010 reads as under: 14. ..... answer to question-c lies in the provisions of the code of civil procedure,1908 read in conjunction with provisions of national green tribunal act, 2010. .....

Rajeev Suri Vs. Union Of India

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 ..... section (3) of section 11a shall be published;4.6 the central government in exercise of power under sub-section (1) of section 56, read with clauses (e), (g) and (r) of sub-section (2) to section 56, has enacted the delhi development (master plan and zonal development plan) rules, 1959, (the development rules ) which came into force on 1st january, 1960.development rules, in terms of rule 3, require the authority to carry out a civic survey and analysis of the physical, economic and sociological features of delhi with reference to the natural resources, distribution ..... publication under the maharashtra agricultural produce marketing act was mandatory as the word shall prima facie requires strict compliance and when read with the other provisions, and, the consequences which flow from construing the word one way or the other as it would affect the trade and business of several persons, including agriculturists, it would be proper to hold that the legislative intent was to make the requirement of ..... and notwithstanding deep understanding, knowledge and wisdom of an individual judge or the bench, it cannot be equated with law making in a democratic society by legislators .....

Gene Campaign . Vs. Union Of India

Court : Supreme Court of India

..... information and knowledge regarding the extent of the potential adverse effects of a living modified organism on the conservation and sustainable use of biological diversity in the party of import, taking also into account risks to human health, shall not prevent that party from taking a decision, as appropriate, with regard to the import of the living modified organism in question as referred to in paragraph 3 above, in order to avoid or minimize such potential adverse effects.32.3 while section 20 of the national green tribunal act, 2010 exhorts the national green tribunal (ngt) to take precaution ..... trade and commerce in, and the production, supply and distribution of,- (b) foodstuffs, including edible oilseeds and oils;22.1 article 48a of the constitution of india is a directive principle of state policy which speaks about protection and improvement of environment and safeguarding of forests and wild life. ..... . union of india (3-judge bench)23 wherein it was observed: parting with privilege exclusively vested with the government must be reasonably rational and in the public interest besides conforming to law governing the same and the decision pertaining to the same can be questioned only on grounds of bad faith, being based on irrational or irrelevant considerations, non- compliance with the prescribed procedure or violation of any constitutional or statutory provision and the onus in respect of establishing the same not only heavily rests on the person alleging it .....

Janardan Kundalikrao Pharande and Others Vs. Ministry of Environment a ...

Court : National Green Tribunal Principal Bench New Delhi

..... so far as the procedural part is concerned, it may be stated that section 19 of the national green tribunal act 2010 gives flexibility to the tribunal in such matters. ..... the writ petition was thereafter registered as an application under section 14, 15, 16 read with section 18 of the national green tribunal act 2010. ..... apart from the legal position discussed herein above, it would be appropriate to refer section 19 of the national green tribunal act 2010. ..... the provision of section 19 of the national green tribunal act shows that only principles of natural justice need to be followed. ..... counsel shri ravi kadam would submit that the applicants failed to avail appellate remedy by filing an appeal before the national environment appellate authority and therefore, now the said certificate cannot be challenged. ..... , form i/form 1-a including terms of reference proposed by the project proponent, the expert appraisal committee for the concerned sector (in this case -mining) constituted by the ministry of environment and forests, government of india examines the proposal and finalizes the terms of reference including additional terms of reference, if am/ for the environmental impact assessment studies with specific reference to the project location and nature of proposed activities and their likely impacts on various environmental attributes. ..... and performance polymer business whereas jubilant life sciences industry will focus on production of pharmaceutical and life sciences products. .....

The State Of Himachal Pradesh Vs. Yogendra Mohan Sengupta

Court : Supreme Court of India

..... the first and second orders of ngt are also challenged by the appellants on the ground that the jurisdiction of ngt is limited to the civil cases where a substantial question relating to environment (including enforcement of any legal right relating to environment), is involved and such question arises out of the implementation of the enactments specified in schedule i of the national green tribunal act, 2010 (hereinafter referred to as the ngt act ..... apply the aforesaid principles to the facts of the present case, it will be amply clear that the preparation of draft development plan under section 18 of the tcp act, finalization of the same under section 19 of the tcp act by the director and grant of approval by the state under section 20 of the tcp act are ..... challenge the judgment and order dated 16th november 2017 (hereinafter referred to as the first order of ngt ) passed by the national green tribunal, principal bench, new delhi (hereinafter referred to as the ngt ) in original application (oa) no.121 of 2014, whereby various 2 directions were issued by the ngt, and the order dated 16th july 2018 passed by the ngt in review application no.8 of 2018, whereby the review sought of the first order of ngt by the present ..... the independence and separation of powers amongst the three branches of the ..... [(1995) 6 scc363 observed that, even while considering the grant of renewal of mining leases, the provisions of the forest (conservation) act, 1980 and the environment (protection) act, .....

Goa Foundation Through Dinesh George Dias and Another Vs. Union of Ind ...

Court : National Green Tribunal Principal Bench New Delhi

..... of pollution) act, 1981, the forest conservation act, 1980 or the biological diversity act, 2002, (for short the environment act , the water act , the air act , the forest act and the bio-diversity act respectively) within the western ghat areas, particularly in relation to those which have been demarcated as ecological sensitive zone i (esz 1) and ecologically sensitive zone ii (esz 2), with a final prayer that the respondents should discharge their obligation by exercise of the powers conferred on them under the enactments stated in schedule i to the national green tribunal act, 2010 (for short the ngt act ) for ..... section 2(m) brings into play a direct violation of a specific statutory environmental obligation as contemplated under section 5 of the environment act as being substantial question relating to environment these provisions, read with section 3(1) and section 5 of the environment act, which place statutory obligation and require the government to issue appropriate directions to prevent and control pollution, clearly show that the legislature intended to provide wide jurisdiction to the tribunal to deal with and cover all civil cases relating to environment, as stated by the supreme court in the case of s.a.l. ..... the bench of the tribunal passed the following order and listed the matter for 25th july, 2012: considering the sensitivity of the issues relating to environment and ecology relating to western ghat, we admit this application. 4. .....

Tribunal at Its Own Motion Vs. the Secretary Ministry of Environment a ...

Court : National Green Tribunal Principal Bench New Delhi

..... we are conscious of the fact that under schedule-i of the national green tribunal act, 2010 wildlife (protection) act, 1972 is not listed and therefore this tribunal has no jurisdiction to adjudicate the matters related to wildlife. ..... section 3 of the environment (protection) act, 1986 gives powers to the central government to take all measures which if feels are necessary for protecting and improving the quality of environment and to prevent and control environmental pollution. ..... in the context of a protected area the distribution of an area of esz and the extent of regulation may not be uniform all around and it could be variable in width and extent. ..... 337 of 1995) enumerated the legal structure for protection of wildlife as follows: "we notice for achieving the objectives of various conventions including convention on biological diversity (cbd) and also for proper implementation of iucn, cites etc. ..... in the light of articles 48a and 51a(g), the government of india has laid down various policies and action plans such as the national forest policy (nfp) 1988, national environment policy (nep) 2006, national bio-diversity action plan (nbap) 2008, national action plan on climate change (napcc) 2008 and the integrated development of wildlife habitats and centrally sponsored scheme framed in the year 2009 and integrated development of national wild- life action plan (nwap) 2002-2016. .....