Court : National Green Tribunal Principal Bench New Delhi
..... gram panchayat totu through shri uttam singh kashyap and two other villagers of the said village, situated in district shimla of himachal pradesh, have filed this appeal under section 18(1) read with section 14, 15 and 19 of the national green tribunal act, 2010, inter alia praying to restrain the municipal corporation, shimla and himachal pradesh state government from undertaking construction of the solid bio-waste management plant at village bharyal on tara devi - totu bye pass about 9 kms away from shimla ..... 3.1 the ministry of environment and forests (moef), by letter dated 25th february, 2005, conveyed approval for diversion of 2.45 ha of forest land for non forestry purpose under section-2 of the forest conservation act, 1980, subject to the condition that municipal corporation shall carry on compensatory affoestation upon 5.0 ha of area and shall not fell more than 219 trees and 1055 saplings, existing at the site. ..... shimla is also directed to ensure that necessary preventive and control measures are adopted / implemented to avoid any adverse impact on the environment specially on the ground water and surface water bodies, keeping in mind the provisions of article 12 of the constitution of india, which mandates enjoyment of pollution free air and water. 28. ..... the obnoxious smell and smoke emanating from the dump site engulfed not only the surrounding areas but also the entire town, posing immense health risks, like respiratory ailments amongst the residents of the locality. .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... the applicants gathered knowledge about the impugned environment clearance certificate, granted to the chemical industry, in view of aforesaid facts, after collecting necessary information and it was more than clear that they did not file appeal against such environment clearance (ec) certificate within prescribed period of limitation, as provided under section 16 of the national green tribunal act ..... say that the period of limitation is circumscribed by the specific provision of the special enactment, namely, the national green tribunal act, 2010. ..... vs state of chhattisgarh and others (appeal no.1 of 2003), a coordinate bench of this tribunal (central zone bench, bhopal) held that "the period of limitation cannot be extended by the tribunal, in view of the language used in section 16 of the ngt act, 2010. ..... it also appears from order dated january 10th,2014, passed by the co-ordinate bench of this tribunal at principal bench, new delhi, that on basis of such affidavit, it is observed that under sub-clause 5(f) of the schedule appended to moef notification dated 14th september 2006, only "synthetic organic chemicals industry (dyes and dye intermediates; bulk drugs and intermediates excluding drug formulations; synthetic rubbers; basic organic ..... patil, was amongst leading members who attended gathering of 20,000 people, is indication of the fact that there was knowledge of environment clearance certificate in question granted by the respondent no.3, in favour of the respondent no.4. 18 .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... in order to advise the supreme court on the various issues concerning forest and wildlife conservation, the central empowered committee (cec) was set up as an authority under section 3 (3) of the environment (protection) act, 1986 to adjudicate on forest and wildlife related issues. ..... this bench of the national green tribunal has already delivered a judgment in one of the similar application no.135/13 (wz). 17. ..... the applicant has sought involvement of the local people in the forest management which can also provide them employment and also, develop a sense of responsibility amongst the local people towards forest protection and development. ..... 337 of 1995), no forest, national park or sanctuary can be de-reserved without the approval of the supreme court. ..... 202 of 1995, commonly known as lafarge case, has given several directions for improved forest management emphasizing the importance of national forest policy and also, role of independent monitoring to regulate forest clearances. ..... godavarman thirumulkpad vs union of india and ors (wp no 202 of 1995) concerning the implementation of the forest conservation act, 1980. 2. ..... the centre for environmental law (cel), wwf vs union of india and ors (wp no 337 of 1995) concerning the issue of settlement of rights in national parks and sanctuaries and other issues under the wildlife (protection) act, 1972. 18. .....
Tag this Judgment!Court : Supreme Court of India
..... restitution of property or environment under this section shall be entertained by the tribunal unless it is made within a period of five years from the date on which the cause for such compensation or relief first arose: provided that the tribunal may, if it is satisfied that the applicant was prevented by sufficient cause from filing the application within the said period, allow ..... exceeding five, to be nominated by the state government from amongst the members of the local authorities functioning within the state; such number of non-officials, not exceeding three, to be nominated by the state government to represent the interests of agriculture, fishery or industry or trade or any other interest which, in the opinion of the state government, ought to be represented; two persons the companies or corporations owned, controlled or managed by the state government, that government; to ..... the judgment and order dated 24th august, 2016 passed by the national green tribunal, principal bench, new delhi (for short the ngt ) in original application no.318 of 2013.1 on a reading of the judgment and order passed by the ..... the purposes of this act, a board shall meet at least once in every three months and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed: provided that if, in the opinion of the chairman, any business of an urgent nature is to be transacted, he may convene a meeting of the board at such time as he thinks fit for the .....
Tag this Judgment!Court : Supreme Court of India
..... they are: a the appeal b previous orders of this court c the history of the forest land d the construction of the bus stand complex e proceedings before the first respondent f proceedings before the ngt g report of the district and sessions judge, kangra h submissions of counsel i analysis i.1 environmental rule of law i.2 role of courts in ensuring environmental protection i.3 illegal activities on forest land i.4 jurisdiction of ngt j conclusion 2 part a a the appeal 1 the civil appeals in the present case arise under section 22 of the national green tribunal act, 2010 ( ngt act ). ..... in a recent three-judge bench decision of this court in the case of hospitality association of mudumalai vs in defence of environment and 13 animals , this court was confronted with a situation involving illegal commercial activities taking place in an elephant corridor. ..... 3 writ petition (civil) no.337 of 1995 4 (2019) 15 scc40126 part i i analysis 41 the construction of the hotel-cum-restaurant structure in the bus stand complex is illegal and constitutes a brazen violation of law. .....
Tag this Judgment!Court : Supreme Court of India
..... 1 to 3 filed an appeal under section 16 read with section 18(1) and section 15 of the national green tribunal act, 2010 (hereinafter referred to as the said act ) before the national green tribunal, southern zone, chennai being appeal no.582 of 2017 (sz), which was transferred to national green tribunal, principal bench, new delhi (hereinafter referred to as the tribunal ) being appeal no.24 of 2018, wherein a two fold challenge was made by the respondent nos. ..... accordingly, after discussions in the matter and considering the recommendations of the seac, telangana, the seiaa, telangana hereby accords prior environmental clearance to the project as mentioned at para no.i under the provisions of eia notification 2006 and its subsequent amendments issued under environment (protection) act, 1986 subject to implementation of the following specific and general conditions.18. ..... thereafter, the state environment impact assessment authority, telangana (hereinafter referred to as the seiaa ) examined the said proposal in accordance with eia notification 2006 and the subsequent amendments thereof and exempted the same from the process of public hearing as the mining lease area was less than 25 hectares. .....
Tag this Judgment!Court : Mumbai
..... 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 inter-relationship, 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. .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... dated 27th june, 2013 decided that directions under section 5 of the environment (protection) act, 1986 shall be issued to the project proponent in respect of the violations committed by them inter-alia including production shall be stopped for the operation of an unit without a valid environmental clearance as required under the provisions of the eia notification, 2006. ..... , 2013 all (i) ngt reporter (2) (delhi) 140", where the bench of the tribunal was concerned with interpreting another entry of the same schedule i.e. ..... or goods for money ", and in its secondary meaning it is " any business carried on with a view to profit whether manual or mercantile, as distinguished from the liberal arts or learned professions and from agriculture "; whereas " business " is a wider term not synonymous with trade and means practically " anything which is an occupation as distinguished from a pleasure the word "calling" again is very wide; it means`one's usual occupation, vocation, business or trade"; so is the word "service" very wide in its import. ..... this definition was amended and stood substituted by act 46 of 1982 whereby 'industry' means any systematic activity carried on by co-operation between an employer and his workmen for the production, supply or distribution of goods or services with a view to satisfy human wants or wishes, whether or not ..... on 18th may, 2006, the union cabinet approved the national environmental policy and the procedure in accordance with which environmental clearances .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... he further argued that the application does not come within ambit of section 14 of the national green tribunal act, 2010, inasmuch as the jurisdiction of ngt, relates only to deal with "substantial question of environment" which expression is only inclusive and not exhaustive, so as to cover the issues like those which are ventilated through the present application. 31. ..... for the respondent nos.2 and 3, has placed heavy reliance a judgment of learned single bench of hon'ble madras high court in writ petition no.12295 of 2011, and mp no.1 of 2011, "m/s tamilnadu generation and distribution corporation ltd and anr vs union of india and ors" it is submitted by the learned advocate for the respondent nos.2 and 3, that the judgment of hon'ble single bench of madras high court, would govern the issue involved in the present application and said dicta will be binding on this tribunal. ..... subsequently, the respondent no.3, has published advertisement on 27.10.2013 for distribution of 20% esp dry fly ash to the eligible manufacturers as per the notification. ..... it further mentions that the respondent no.2 published an advertisement on 31st march 2013, for distribution of 20% of fly ash on free basis to the brick kilns and other users, as per the notification. .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... a collective reading of the replies filed on behalf of the non-applicants and the submissions made, shows that their main contention is that the factum of publication of information in the newspaper on 1st may, 2012, the circulation of the order amongst the panchayats and putting it on the website is sufficient compliance of the relevant provisions of the national green tribunal act, 2010 (for short the ngt act) and there is no sufficient cause shown by the applicant for not filing the appeal within the prescribed period of limitation under section 16 of the ngt act. 8. ..... made, on or after 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); xxxxx xxxxx xxxxx xxxxx may, within a period of thirty days from the date of 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 ..... still in 1996, a three judge bench of the supreme court in the case of state of haryana vs chandra mani and others 1996 (3) scc 132 while dealing with the power of court to condone the delay with reference to sufficient cause, held: 6. .....
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