Court : National Green Tribunal Principal Bench New Delhi
..... the applicants have filed the present application under section 14, 15, 17 and 18 of the national green tribunal act, 2010, basically challenging the proposed jalgaon bypass road of the national highway no.6 which has been proposed by respondent no.2 i.e. ..... the respondent-2 submits that the official gazette notification for the proposed project is of october 27th, 2011 which has also been admitted by the applicants and therefore, the application is hopelessly time barred as far as section 14 of national green tribunal act. ..... 15 of the national green tribunal act, 2010 relating to restitution/compensation etc. ..... 14, 15, 17 and 18 of national green tribunal act. ..... he further submits that the fertile land-agricultural production- food security are the essential components of the environment and therefore, any issue related to destruction of the fertile lands can definitely considered as a substantial question related to the (j) application no.38/2013 5 environment and therefore, the tribunal is competent to consider this particular application. ..... the application is likely to be heard on preliminary issue, pertaining to involvement of substantial environmental dispute, in as much as, we are not much concerned with the legality of acquisition of the lands for the purpose of construction of bypass road outside jalgaon city and that issue is being dealt with by the hon'ble high court of bombay bench at aurangabad, in writ petition, which is pending (wp no.469 of 2012). .....
Tag this Judgment!Court : Supreme Court of India
..... section 19(4)(f) of the national green tribunal act, 2010 provides that the tribunal shall have the same powers as are vested in civil courts while trying a suit in respect of matters relating to review of its decisions. ..... these are :-1) the judges who heard the matter originally have applied their mind and would know best the facts and legal position;2) they will be in the best position to appreciate the matter in issue when a review is filed;3) if the matter goes before another bench that bench will have to virtually hear the matter afresh;4) most importantly, when the matter goes to a new bench the members of the new bench may go by their own perspective and philosophy which may be totally different to that of the bench 36 which originally ..... we also uphold the direction given to the chief secretary to the state of maharashtra and in addition, direct that the chief secretary to the state of maharashtra shall look into the conduct of the official holding the post of principal secretary (environment) to the government of maharashtra on 27.09.2016 and will submit his report to the ngt within three months from today; 55 (ix) we impose damages of rs.100 crores or 10% of the project cost, whichever is higher on the project proponent and in addition thereto, project proponent will pay rs.5 crores as levied by the ngt in its order .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... drawing our attention to section-11(1) and 11(2) of the national environment appellate authority act, 1997, under which the appeal was filed, it is submitted that, only a person or an association of person, who are likely to be affected by the grant of ec to the proponent, can file an appeal. ..... in its reply scania raised preliminary objection with regard to the locus-standi of the appellants and contended that the present appeal having been filed under the national environment appellate authority act, 1997, the mandatory requirement of the said act has to be considered. ..... though the said act has been repealed and national green tribunal act, 2010 has come into force, the appeal having been filed under the neaa act, 2009, has to be disposed of under the provisions of the said act. 19. ..... the corum of the bench consists of a former judge of the high court and an expert member, who possesses the scientific know-how and also expertised knowledge in the subject. ..... ms agnihotri further submitted that the appellant being a busy body should not be permitted to sit in judgment over the scientific analysis relating to the safety of the project, more so because, competent government authorities possessing sound technical knowledge have taken a decision after due consideration of all the materials available. 15. ..... cricket association of bengal (1995) 2 scc 161, state of u.p. .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... (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). ..... 2, in this regard, relied upon several sections of the national green tribunals act 2010 and also referred to various judgments of apex court as well as high courts. ..... we may also have to take note of the preamble and section 20 of the ngt act, 2010 which reads as under: preamble of ngt act 2010 an act to provide for the establishment of a national green tribunal for the effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources including enforcement of any legal right relating to environment and giving relief and compensation for damages to persons and property and for matters connected therewith or incidental thereto. ..... further, nothing substantial has been demonstrated to doubt the credentials of the appellants except saying that they (appellants) are not aggrieved and/or injured person (s) under the act and they are a busy body and their motives are ulterior. ..... 202/1995 in the matter of t.n. .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... the national green tribunal act came into force on 18.10.2010 and since both the orders of forest clearance under section 2 of the forest conservation act were issued much earlier to the commencement of this act, no application could be maintained before this tribunal. ..... (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). ..... we may also have to take note of the preamble and section 20 of the ngt act, 2010 which reads as under: preamble of ngt act 2010 an act to provide for the establishment of a national green tribunal for the effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources including enforcement of any legal right relating to environment and giving relief and compensation for damages to persons and property and for matters connected therewith or incidental thereto. ..... further, nothing substantial has been demonstrated to doubt the credentials of the appellants except saying that they (appellants) are not aggrieved and/or injured person (s) under the act and they are a busy body and their motives are ulterior. .....
Tag this Judgment!Court : Supreme Court of India
..... so also, 70 the national green tribunal act, 2010 (hereinafter referred to as the ngt act ) refers to india being a party to the decision taken at the united nations conference on the human environment held at stockholm in june 1972, in which india had participated and the decisions were taken to call upon the states to take appropriate steps for the protection and improvement of human environment. ..... employees [(1950) scr459 the question whether an adjudication by an industrial tribunal functioning under the industrial tribunals act was subject to the jurisdiction of this court under article 136 of the 91 constitution fell to be determined: mahajan, j.in that case observed: there can be no doubt that varieties of administrative tribunals and domestic tribunals are known to exist in this country as well as in other countries of the world but the real question to decide in each case is as to the extent of judicial power of the state exercised by them. ..... the sale by the liquidator was, of course, effected in the course of the realisation of the assets of the company and for the purpose of the amount realised being applied towards the discharge of the liabilities and the surplus to be distributed in the manner provided by the act. ..... (supra), though the power to be exercised was by the central government, the constitution bench, upon examining the scope of section 111 of the companies act, 1956, held the said power to be a judicial one. ..... 2 scr1642 (1995) 5 scc963 (2020) 2 scc54020 v. l.g .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... the application is filed under section 14 of the national green tribunal act seeking directions to the respondents to stop releasing harmful effluent from simbhaoli sugar mill and distillery and gopal ji dairy (respondents ..... 7 is obliged to run its business without causing damage or degradation of the environment and violating the prescribed parameters of trade effluent and air ..... that action plan they took the stand that installation of its own incinerator with boiler is not beneficial to the environment, the manure which could be produced and utilized for agriculture would be wasted and even without incinerator the industry could achieve zero discharge ..... and 8 respectively) into simbhaoli drain and finally into the river ganga and also for a direction to the central pollution control board (respondent no.3) to assess the pollution done by respondents 7 and 8 and for restoration of the area and other reliefs by the applicants, a person and an organization working in the field of environment, jointly. ..... their joint inspection, technical knowledge and extent of pollution resulting from the functioning of these units and also the impact on environment on failure of the unit to take adequate antipollution devises, the cpcb and uppcb have taken a definite stand before us that it is most appropriate to issue following directions and these directions must be complied by the industries: "3.1. ..... this practice again is detrimental for the environment of the area and need to be stopped immediately .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... the main contention of learned counsel for contesting respondents, is that since the applicant has preferred civil appeal no.10843/2013, under section 22 of the national green tribunal act, 2010, before the hon'ble supreme court, which is pending for disposal, the issues cannot be agitated by way of present application unless and until the hon'ble supreme court records any finding about non-compliance of the conditions, resultant damage caused to environment or otherwise. ..... in our opinion, when the judgment of this tribunal in appeal no.2/2013, is subjudice before the hon'ble supreme court in civil appeal no.10843/2013, filed under section 22 of the national green tribunal act, 2010, the observations of this tribunal, made in our earlier judgment in appeal no.2 of 2013, upon which the applicant desires to lay foundation of his claim, are yet to be finally approved/disapproved by the apex court on merits. ..... according to the respondent no.5, revival of ec cannot be challenged by circumventing appellate jurisdiction under the guise of filing application under section 14 of the national green tribunal act, 2010. ..... the application is filed under section 14(1) of the national green tribunal act, 2010. ..... this bench of the ngt held it as barred by limitation and as such this bench dismissed the same vide judgment dated november 25th, 2013. 5. .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... the present application is filed under section 14 and 15 of the national green tribunal act, 2010, since it involves substantial question relating to environment and also involves the prayer for restitution of the environment and compensation commensurate to the damage done to the ecology. 2. ..... the adjudication by the national green tribunal has to be done on polluter pays principle as enumerated in section 20 of the national green tribunal act 2010. ..... the remedy as available under section 18 of the national green tribunal act is inclusive of restitution and compensation. ..... after referring to the principles evolved in various international conferences and to the concept of `sustainable development', stated that the precautionary principle,the polluter pays principle and the special concept of onus of proof have now emerged and govern the law in our country too, as is clear from articles 47, 48-a and 51-a(g) of our constitution and that, in fact, in the various environmental statutes, such as the water act, 1974 and other statutes, including the environment (protection) act, 1986, these concepts are already implied. ..... this amount shall be deposited by the respondent 3 and 4, with the collector, valsad within a period of one month, who shall ensure the proper distribution of the amount among affected farmers in next one month. .....
Tag this Judgment!Court : Supreme Court of India
..... it is submitted that section 19(1) of the national green tribunal act, 2010 (hereinafter referred to as the ngt act ) mandates following of the principles of natural justice. ..... it has further been held that if it becomes inevitable to disturb the existence of forests, there is a concomitant duty upon the state to 8 air1997sc3297= (1997) 8 scc1919 (1995) 6 scc36369 reforest and restore the green cover and to ensure adequate measures to promote, protect and improve both man-made and natural environment, flora and fauna as well as biodiversity. ..... this bunch of appeals challenges the order dated 18th february 2020, passed by the learned national green tribunal, principal bench, new delhi (hereinafter referred to as the learned ngt ) in original application nos.313, 335 and 396 of 2019, thereby quashing and setting aside the notice dated 1st march 2019 issued by the state of uttar pradesh for establishing new wood based industries (hereinafter referred to as wbis ) and also setting aside all the provisional licenses given in pursuance thereof.3. ..... periodic assessment of tof resources including its spatial distribution is prerequisite for its scientific management in the country. .....
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