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 : 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 .....
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
..... facilitate production and distribution patterns responsive to the needs and desires of the consumers; c) to encourage high levels of ethical conduct for those engaged in the production and distribution of goods and services to consumers; d) to assist countries in curbing abusive business practices by all enterprises at the national and international levels which adversely affect consumers; e) to facilitate the development of independent consumer groups; f) to further international cooperation in the field of consumer protection; g) to encourage the development of market conditions ..... the course of the hearing of any cause, appeal or other proceeding, the bench considers that the matter should be dealt with by a larger bench, it shall refer the matter to the chief justice, who shall thereupon constitute such a bench for the ..... the 32 definition of service contained in section 2(1)(o) of the cp act 1986 and in section 2(42) of the cp act 2019 is the same which reads as under: - service means service of any description which is made available to potential users and includes, but not limited to, the provision of facilities in connection with banking, financing, insurance, transport, processing, supply of electrical or other energy, telecom, boarding or lodging or both, housing construction, entertainment, amusement or the purveying of news or other information, but does not include the ..... the advocates are perceived to be the intellectuals amongst the elites and social activists amongst the .....
Tag this Judgment!Court : Supreme Court of India
..... the appellants moved the national green tribunal with the grievance that though in terms of the notification dated 14 september 2006 of the ministry of environment and forests, an environmental clearance is required for the construction of an airport, the site has been cleared of shade trees and tea bushes despite the absence of such ..... expert body which has been formed under a statute enacted by the parliament, in the interest of the preservation of the environment, it was first and foremost the duty of the tribunal to verify the authenticity of the grievance of the appellants. ..... extensive eviction leading to uprooting of 41,95,909 tea bushes, over 10,000 shade trees, and land acquisition in two divisions of the tea estate; (ii) ongoing site clearance of 325 hectares with massive uprooting and felling; (iii) imposition of section 144 crpc during eviction, utilizing 1050 bulldozers and excavators to clear 2500 bighas for the airport; (iv) the airport project being category-a, with site clearance already underway without prior environmental clearance, violating eia notification ..... from the material which has been placed on the record, we are clearly of the view that the authorities, in the present case, have acted in violation of the provisions contained in para 2 of the notification dated 14 september 2006 by carrying out an extensive clearance at the site even in the absence of an ..... arise from an order dated 25 january 2024 of the eastern zone bench of the national green tribunal.3. .....
Tag this Judgment!Court : Supreme Court of India
..... to sustainable development , the united nations environment programme has recommended the adoption of such an approach in the following terms: environmental rule of law integrates the critical environmental needs with the essential elements of the rule of law, and provides the basis for reforming environmental ..... the exercise of due diligence, was not within his knowledge or could not be produced by him at the time when the decree was passed or order made, or on account of some mistake or error apparent on the face of the record, or for any other sufficient reason, desires to obtain a review of the decree passed or order made against him, may apply for a review of judgement to the court which passed the decree or made the order, or to the court, if any, to which the business of the ..... environment section 2 of the environment (protection) act ..... the result is that the judgments given by these two division benches ought 22 to be set aside, and that of the bench of the ..... stands to ensure a balanced distribution of environmental risks as well ..... exercising the power of review, the court/tribunal concerned ..... the concept of trusteeship and inter-generational equity ought to be understood from this perspective, as any deviation would cause not only degradation of the environment but also serious inequality between different species as well as amongst ..... from 1995 to 2005, the carbon stocks stored 2 in our forests and trees have increased from 6,245 million tonnes (mt) to 6,662 mt, registering an .....
Tag this Judgment!Court : Supreme Court of India
..... that apart, we find that even though the division bench did not come to the conclusion that the finding recorded by the labour court on the issue of non-compliance with section 25-f of the act is vitiated by an error of law apparent on the face of the record, it allowed the writ petition by assuming that the appellant's initial engagement/employment was not legal and the respondent had complied with the conditions of a valid retrenchment.13. ..... a writ can similarly be issued where in exercise of jurisdiction conferred on it, the court or tribunal acts illegally or improperly, as for instance, it decides a question without giving an opportunity to be heard to the party affected by the order, or where the procedure adopted in dealing with the dispute is opposed to principles of natural justice. ..... by its secretary, revenue department, 2017 scc online kar 2317; atlas cycle (haryana) limited v kitab singh, (2013) 12 scc573 national kamgar union v kran rader private limited, (2018) 1 scc784 ananda bazar patrika (p) ltd. ..... in such an environment it becomes the bounden duty of the court to have the economic analysis and economic impact of its decisions.44. ..... it was submitted that the respondent was a regional business head, whose nature of duties clearly established that he was a senior manager in the managerial cadre, earning an annual package of rs.22,00,000/- (rupees twenty-two lakhs) and thus, was not covered by the definition of workman as per section 2(s), id act. .....
Tag this Judgment!Court : Supreme Court of India
..... parliament has enacted the wild life (protection)act 1972, the water (prevention and control of pollution) act 1974, the air (prevention and control of pollution) act 1981, the environment (protection) act 1986, the national green tribunal act 2010, amongst others. ..... the 2015 united nations environment programme report also outlined five human rights obligations related to climate change, including both mitigation and adaptation efforts.22 in 2018, the un special rapporteur on human rights and the environment emphasized that human rights necessitate states to establish effective laws and 21 un human rights office, understanding human rights and climate change. ..... at the same time, it has emerged in the course of the hearing that there is no basis to impose a general prohibition in regard to the installation of transmission lines for the distribution of solar power in an area about 99,000 square kilometres. ..... the chief executive of the ministry of business, innovation and employment,51 the appellant travelled to new zealand from kiribati, a small island country in the pacific ocean, and remained there after his permit expired. ..... 15 energy conservation act 2001, section 14(w). ..... bombay environmental action 17 (1995) 2 scc577 18 (2006) 6 scc371 19 | p age group,19 this court recognised that climate change posed a major threat to the environment.24. .....
Tag this Judgment!Court : Supreme Court of India
..... prejudice to the generality of the provisions of sub-section (1), such measures may include measures with respect to all or any of the following matters, namely:-- (i) co-ordination of actions by the state governments, officers and other authorities-- (a) under this act, or the rules made thereunder, or (b) under any other law for the time being in force which is relatable to the objects of this act; (ii) planning and execution of a nation-wide programme for the prevention, control and abatement of environmental pollution; (iii) laying down standards for the quality of environment in its ..... the order civil appeal nos.1628-29 of 2021 page 19 of 32 dated 29th june 2021 passed by this court in the present appeals is relevant, which reads thus: x(name masked), learned senior counsel appearing for the appellant, submits that the learned counsel appearing for the appellant before the national green tribunal argued that exemption could not have been granted by the notification of the ministry of environment, forest and climate change which has not been considered by the tribunal. ..... oka, j.factual aspects1 these appeals take exception to the judgment and order dated 28th october 2020 (for short, the impugned judgment ) passed by the national green tribunal, principal bench, new delhi (for short, the ngt ). .....
Tag this Judgment!Court : Supreme Court of India
..... it appears to the state government that an area, whether within a sanctuary or not, is, by reason of its ecological, faunal, floral, geomorphological or zoological association or importance, needed to be constituted as a national park for the purpose of protecting, propagating or developing wild life therein or its environment, it may, by notification, declare its intention to constitute such area as a national park: provided that where any part of the territorial waters is proposed to be included in such national park, the provisions of section 26a shall, as far as may be, apply in relation to the declaration of a national park as they ..... the court held: the essential principle contained in the actual notion of an illegal act a principle which seems to be established by international practice and in particular by the decisions of arbitral tribunals is that reparation must, as far as possible, wipe out all the consequences of the illegal act and re-establish the situation which would, in all probability, have existed if that act had not ..... court, after considering the material on record, comes to the conclusion that the present matter falls within the principles 15 enunciated by the hon ble constitution bench and we are satisfied that the material on record does disclose a prima facie case calling for an investigation by the central bureau of investigation ..... restoration experiment, the scientists re-introduced a pack of wolves in the yellowstone national park in the year 1995. .....
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