Court : National Green Tribunal Principal Bench New Delhi
..... appeal to national green tribunal:- any person aggrieved, by an order or decision of the state government or other authority made under section 2, on or after the commencement of the national green tribunal act, 2010, may file an appeal to the national green tribunal established under section 3 of the national green tribunal act, 2010, in accordance with provisions of that act. 11 ..... the pccf again reported that the transportation of the bauxite stock could adversely affect the environment in the area for which the request of the appellant be not ..... 1 because the proposal was found detrimental to the cause of environment in the area and thus got rejected by the state government ..... rather ,the minerals stored on the surface will have a negative impact on the environment in the long ..... contended further that lifting of the mined material from the site of the mine and transportation thereof is beneficial to the environment. ..... the removal of the dumped bauxite mineral is likely to cause soil erosion and due to use of heavy machinery and excessive movement of heavy vehicles needed for transportation of the minerals may cause adverse impact on the environment ..... the lifting and transportation of the mineral by the appellant will not cause any adverse impact on the ecology and environment ..... any case, such action will not adversely affect the environment and ecology. ..... transport this balance material approximately 8000 trips of heavy trucks will be needed, which is going to adversely affect the environment. .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... the statement of objects and reasons of the national green tribunal act, 2010 states that, the rapid expansion in industrial, infrastructure and transportation sectors and increasing urbanisation in recent years have given rise to new pressures on our natural resources and environment ..... baijnath prajapati, a resident of village guwari, district anuppur, madhya pradesh, while asserting that he is involved in issues concerning the social development as well as the environment , has filed the present appeal assailing the order dated may 28, 2010, and the corrigendum dated 1st september 2010 and the office memorandum dated 23rd november, 2010, granting environmental clearance in favour of m/s moser baer power and infrastructure ltd (respondent 3) for a coal based ..... appears that the appellant has dragged the project proponent, the ministry of environment and forests and other state government departments into litigation in a flippant manner amounting to abuse of the tribunal process. ..... dated january 13th, 2012 was filed by the appellant seeking withdrawal of the appeal on the following ground:- that, the appellant-applicant begs this honble tribunal for permission to withdraw this appeal as the appellant has come to the conclusion, after careful consideration, that this developmental project is required for development of the region and that he cannot oppose this ..... the national green tribunal has been constituted for strengthening environmental protection and the conservation of forests and .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... it is contended the limitation act, is not applicable to the proceedings before the ngt, in view of specific provisions of limitation period, envisaged under section 14 and 16 of the national green tribunal act, 2010. ..... the hon'ble principal bench of this tribunal, held that "commencement of limitation is to be reckoned and computed from the date when the impugned order of ec is put on the website so as to make it downloadable without hindrances or from the day it is put on the public notice board or from the date when the project proponent uploads the order on the website, publishes it in the newspapers, or the order is displayed by the local bodies along with concerned department of the state government". ..... that this hon'ble tribunal be pleased to direct the mcgm, sra, state government and the mpcb to initiate criminal action against the respondent nos.10, 11 (landlord and developer), concerned officers of the sra for knowingly and willingly proceeding with the unauthorized development work in violation of the eia notification and the provisions of environment (protection) act, 1986 without due diligence as per u/s. .....
Tag this Judgment!Court : Supreme Court of India
..... the purpose of section 2a of the fc act and section 16 (e) of the national green tribunal act, 2010 (ngt act) the order for tree cutting and commencement of work of linear project in forest land, specified in para (ii) above, shall be an order under section 2 of the fc act; (v) an appeal as per provisions of section 2a of the fc act and/or section 16(e) of the ngt act ..... the fc act by the central government may be deemed to be the working permission for tree cutting and commencement of work if the funds for compensatory afforestation, net present value (npv) and other conditions as stipulated in the in- 4 fc act ca649798/2021 4 principle approval are fulfilled by the user agency; (iii) the above circular has been made in the context of projects involving linear diversions of forests, such as laying of roads amongst other activities; (iv) the circular, however, provides that no non-forest activity in the forest area covered under section 2 of the fc act ..... the constitution - writ petition no 529 of 2021 - to challenge: (i) the stage-i forest clearances dated 29 september 2020 and 24 december 2020 issued by the ministry of environment, forest and climate change1 in respect of the stretches of road forming a part of national highway no 72a in uttarakhand and uttar pradesh; and (ii) the wildlife clearance dated 5 january 2021 issued by the standing committee of the national ..... bench of this court of which one of us was a part (dy chandrachud, j) described the environmental rule of law in the .....
Tag this Judgment!Court : Supreme Court of India
..... submitted that section 19(1) of the national green tribunal act, 2010 (hereinafter referred to as the act for the sake of convenience) categorically states that the tribunal, though not bound by the procedure laid down by the code of civil procedure, 1908, shall nevertheless be guided by the principles of ..... control and monitoring devises, timely utilization and disposal of fly ash, scientific designing of fly ash dykes and safety norms, addressing public health issues, steps for restoration of deteriorated environment by bringing down cepi scores in the entire area, restoration of rihand reservoir and other damaged/degraded areas, providing arrangement for 1 public health facilities, including water supply and by coordinated and concerted efforts and high ..... the appellants(s) herein are aggrieved by the order passed by the national green tribunal, principal bench, new delhi (hereinafter referred to as ngt for the sake ..... the mix of judicial and technical members envisaged by the statute is for the reason that the tribunal is called upon to consider questions which involve the application and assessment of science and its interface with the environment ..... legacy fly ash is 1670.602 million tonnes as on 31.12.2021 which has potential for serious damage to the environment as shown by incidents of dyke breaches contaminating sources of water and air pollution making industrial areas critically ..... - judge bench of this court noted that the ngt is an expert adjudicatory body on the environment. .....
Tag this Judgment!Court : Supreme Court of India
..... an original application was filed by the appellant before the national green tribunal (for short, the tribunal ) under sections 14 and 15 of the national green tribunal act, 2010 (for short, the 2010 act ), taking objection to the construction of tiracol bridge which was proposed to be erected on the querim beach in goa. ..... one of the main objects of the 2010 act is to uphold and protect the right of the citizens to healthy environment which is a part of the right to life guaranteed under article 21 of the constitution of india. ..... the registry is directed to forward a copy of this order to the registrar of the national green tribunal, principal bench, new delhi, who will ensure that the restored original application is transferred to the western zonal bench of the tribunal within three weeks from the date of receipt of the copy of this order.10. ..... the duty of the tribunal was to decide the issues especially when the contention of the appellant was that the construction of the proposed bridge will cause harm to the environment.7. ..... 4384-4385/2023 the goa foundation appellant(s) versus the goa state environment impact assessment authority & ors. ..... the objection was raised on various grounds, including the ground that there is a violation of crz notification which requires prior approval of the ministry of environment, forest and climate change (moefcc)/seiaa. .....
Tag this Judgment!Court : Supreme Court of India
..... thereby, the present statutory appeals have been filed under section 22 of the national green tribunal act, 201011.4 ..... on the joint inspection report, the tribunal vide the first impugned order dated 27th october 2020 held that the gpp was in violation of the right to clean environment of the inhabitants and was against the statutory ..... submitted that, not only that even the suggestions which are given by the national engineering and environment research institute14 have also not been implemented ..... will also be relevant to refer to the preamble of the said 2016 rules, which reads thus: now, therefore, in exercise of the powers conferred by sections 3, 6 and 25 of the environment (protection) act, 1986 (29 of 1986) and in supersession of the municipal solid waste (management and handling) rules, 2000, except as respect things done or omitted to be done before such supersession, the central government hereby makes the following rules for management of solid waste, ..... initially the oa was preferred before the tribunal, western zone, and was subsequently transferred to the principal bench, ..... appeals challenge the judgment and order dated 27th october 2020 passed by the national green tribunal, principal bench, new delhi1 in original application2 no.210 of 20203 wherein the tribunal disposed of the oa preferred by the sus road baner vikas manch, 1 hereinafter referred to as the tribunal . ..... the division bench of the bombay high court in the case of bhavya height co-operative housing society .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... he further submits that the application is maintainable in as much as relief for restitution of the degraded forest land is covered by section 15 of the national green tribunal act, 2010 (for short, ngt act) and filing of the application within a period of five (5) years from the date of cause of action is permissible . ..... by its order dated 5th march, 2012 division bench of the honble high court of bombay, bench at goa permitted the applicant to withdraw the said writ petition without expressing any opinion regarding maintainability of the proceedings before the national green tribunal or on the merits of the matter. ..... 14/2011 challenging the permission for conversion of the land to non-agricultural use as well as for the purpose of restoration of the environment by way of afforestation in survey no. 25/2. ..... herein, the applicant seeks restitution of the environment of the area, in addition, to the prayer for revocation of the permission to convert part of survey no. ..... he would submit that the second prayer for restitution of the environment is dependent on first relief i.e. ..... if so, as to what extent and how restitution of the environment for such area is required to be made? 11. ..... however, it is necessary to ensure protection of environment in the area by applying precautionary principle . ..... 25/2 has caused damage to the environment? ..... ministry of environment and forests (appeal no. .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... the said appeal being one under section 16 of the national green tribunal act, 2010, the prescribed period of limitation is thirty days from the date of the order or communication thereof ..... puram, new delhi 110 022, if preferred, within 60 days as prescribed under section 35 of the national green tribunal act, 2010. 3. ..... proviso to section 16 sub section (j) stipulates that the tribunal may, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the said period, allow it to be filed within a further period not exceeding sixty days. 2 ..... has been further submitted that the appellants were expecting the national green tribunal to start functioning in pune soon and that they were waiting to file the appeal there. ..... proviso to section 16(j), however, vests power on the tribunal to extend the period to a further sixty days, if there are sufficient reasons. ..... the said clause reads as follows:- any appeal against this environmental clearance shall lie with the national green tribunal, van vigyan bhawan, sec-5, ..... to us the secretary, environment department and member secretary, state level environment impact assessment authority, committed an error incorporating clause 11 in the impugned order. ..... we often come across such a clause in different environment clearances granted by the authorities and we are constrained to observe that the same is not sanctioned by law. ..... he was advised by learned counsel to present the appeal in the principal bench at delhi. .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... 6 filed his reply dated 19th september, 2013 stating that the adjudication of the matter as to whether the pl has been rightly granted or not, is outside the purview of this tribunal as the national green tribunal act, 2010 provides that this tribunal shall have jurisdiction over all the civil cases where substantial question relating to environment is involved and such question arises out of implementation of the enactments specified under schedule-i of the national green tribunal act, 2010. ..... . (iii) : - in exercise of the powers conferred by sub-section (1) and clause lxi of sub-section (2) of section 258 read with sub-section(1) of section 240 of the madhya pradesh land revenue code, 1959 the state government issued madhya pradesh (prohibition or regulation of the cutting of trees) rules, 2007 wherein certain restrictions have been imposed on cutting of trees ..... 6 in suppression of earlier orders but the pl was sanctioned in accordance with law within the purview of section 11(2) of the mines and minerals (development and regulations) act, 1957 considering the preferential rights of the respondent no. ..... orders dated 8th november, 2010 passed by the central government under section 30 of the mines and minerals (development and regulations) act, 1957 are annexed by the respondent at annexure r-6/2 and r-6/3. ..... it falls under the definition of 'forest' as given under section 2 of the forest (conservation) act, 1980. .....
Tag this Judgment!