Court : Supreme Court of India
..... determination of benefit sharing or order made, on or after the commencement of the national green tribunal act, 2010, by the national biodiversity authority or a state biodiversity board under the provisions of the biological diversity act, 2002 (18 of 2003), may, within a period of thirty days from the date on 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 prevented by sufficient cause from filing the appeal within the said 24 liability to pay relief or compensation in certain cases ..... 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); (f) an order or decision, made, on or after the commencement of the national green tribunal act, 2010, by the appellate authority under section 31 of the air (prevention and control of pollution) act, 1981 (14 of 1981); (g) any direction issued, on or after the commencement of the national green tribunal act, 2010, under section 5 of the environment (protection) act, 1986 (29 of 1986); (h) an order made, on or after the commencement of the national green tribunal act, 2010, granting environmental clearance in the area in .....
Tag this Judgment!Court : Mumbai Nagpur
..... to him, the present grievance in writ petition should be raised before the national green tribunal in view of provisions contained in section 14 of the national green tribunal act, 2010. ..... the national green tribunal act, 2010 has received assent of the hon'ble president on 2.6.2010 and has been brought into force from 18.10.2010. ..... act, same also cannot be looked into by the tribunal constituted under the national green tribunal act, 2010 ..... be appropriate to briefly examine seven enactments which are included in schedule-i of the national green tribunal act, 2010. ..... under section 17, if death or injury to any person (other than a workman) or damage to any property or environment has resulted from an accident or adverse impact of any activity or operation or process, under any enactment specified in schedule-i, the person responsible for it has to give such relief or pay compensation, as specified in section ..... here, considering the jurisdiction given to the national green tribunal only to decide civil cases, where substantial question involved is in relation to environment, it is apparent that the ngt cannot be said to be conferred with the absolute jurisdiction to adjudicate all types of disputes or even all ..... section 31a enables the board to issue certain ..... public liability insurance act, 1991, enables collectors to award relief under section 7 ..... contrary, its intention to limit the power to decide certain specified nature of disputes is apparent. ..... act, and against certain other orders as .....
Tag this Judgment!Court : Supreme Court of India
..... and scheme of the national green tribunal act, 2010 (for short the ngt act) particularly sections 14, 29, 30 and 38(5), it can safely be concluded that the environmental issues and matters covered under the ngt act, schedule 1 should be instituted and litigated before the national green tribunal (for short ngt) ..... high court, in line with the various orders passed by this court, so as to ensure proper functioning of the relief and rehabilitation programme, working of the expert bodies and utmost medical care and treatment to the gas victims.2) we request the chief justice of the madhya pradesh high court to ensure that the case is dealt with by a bench presided over by the chief justice himself or a bench presided over by the ..... this court has been passing various directions right from the filing of this petition and has directed certain effective and positive steps to be taken by the union of india as well as the state of madhya pradesh to ensure providing of appropriate ..... the factual aspect of this case, the suggestions made by various applicants, recommendations of the expert bodies and keeping in mind the very object for which the present public interest litigation was instituted, we are of the considered view that issuance of certain specific directions are inevitably called ..... to begin with, the icmr had undertaken certain research works immediately after the bhopal disaster and appropriate steps had been taken, as claimed by the state and the central government, to deal with the .....
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 ..... we do agree that if the application is covered only under section 14 of the national green tribunal act, 2010 and cannot be considered under section 15 thereof then the same will have to be held as time ..... deora, learned advocate for the respondent no.1 argued that the application is covered only under section 14 of the national green tribunal act, 2010 and as such is barred by limitation. ..... are not, however, appellate authority against order of the additional collector in as much as the present application does not come within the ambit of section 16 of the national green tribunal act, 2010. ..... cannot be duality of opinion that the tribunal cannot grant extension of time beyond the statutory period expressly provided under the special enactment like the national green tribunal act, 2010. ..... so far as the question of limitation is concerned, it is pertinent to note that the applicant has come out with a case that the felling of trees was noticed somewhere in the month of december, 2009. ..... 1 alleges that after taking due permissions certain trees were felled, on two occasions, from approximately 1000 sq ..... 1 should be ordered to pay for the forest to be restituted. 12. mr .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... has been filed under section 18 read with section 14 and section 15 of the national green tribunal act, 2010 with the following prayer. ..... as may deemed fit and proper in the facts and circumstances of the application and considering the gravity of the situation including after appointing a committee of experts and obtaining report and recommendation as the tribunal may deem fit and proper in the facts and circumstances of the application and your applicant. 2. ..... 1 ensures a good survival rate of the trees already planted in the green belt and the establishment of entire green belt as required by the ec to the extent mentioned therein in para xix that a green belt of adequate width and density shall be developed around the plant periphery in 200 acres area preferably ..... 1 filed on 25.03.2014 with respect to the query raised by the tribunal on csr commitment, we are of the view that the issues raised by the applicant have been satisfactorily taken ..... and health of the people of the villages singhitarai, katharrapali, singhitarai, nimuhi, odekera, district janjgir champa and to make villages free from pollution and unless suitable orders have passed by this honble tribunal it would endanger the lives of the people of the villages. a. ..... however, after the notices were issued by this tribunal fresh inspection was carried out by the cecb and the following points were observed by the ..... specific instructions have been issued to acpl to develop green belt in the area of 100 acres as phase wise .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... national green tribunal act, 2010 relating to restitution/compensation ..... 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 ..... 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. ..... of national green tribunal act. ..... act, 2010 provides limitation of 6 months for application under section ..... the respondent no.1 is the ministry of road transport and highway, government of india, new delhi which is controlling the national highways in the country, respondent no.2 is the national highway authority of india (nhai) which is planning and executing the said project, respondent no.3 is the collector of jalgaon who is acquiring the land for such road constructions on behalf of r-1 and r-2, respondent no.4 ..... this, the tribunal is of the considered opinion that there is no case related to section 15 as presented ..... still, however, we deem it proper to ascertain whether certain number of trees are likely to be cut, as stated in the (j) application no.38/2013 4 application and shown at page no.127 while preparing the bypass road and whether such bypass road is really essential ..... also directed the respondents to furnish certain information as under : "issue .....
Tag this Judgment!Court : Mumbai Aurangabad
..... 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. ..... , 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. ..... 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 ..... no civil court shall have jurisdiction to settle dispute or entertain any question relating to any claim for granting any relief for compensation or restitution of property damaged or environment damaged which may be adjudicated upon by the tribunal, and no injunction in respect of any action taken or to be taken by or before the tribunal in respect of the settlement of such dispute or any such claim for granting any relief or compensation or restitution of property damaged or environment damaged shall be granted by the civil court. 27. ..... this is certainly not a job of civil .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... 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 ..... tribunal to have appellate jurisdiction- any person aggrieved by,- (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); may ,within a period ..appeal to the tribunal ..... of substitution is outside the scope of the appellate jurisdiction available to this tribunal under section 16 of the national green tribunal act, 2010. ..... 1 should also evolve the procedure for fixing liability for the delay committed during the processing of the proposal, in order to avoid delay in making the final decision in such ..... pointed out earlier, the prayer clause in the appeal memo categorically shows that the appellant sought relief of quashing the impugned communication dated 9.10.2012 issued by the respondent no. ..... the appellant, stated briefly, has come out with a case that the respondent no.1 ought to have forwarded the proposal to central government in accordance with the ..... relied upon certain observations of this tribunal in appeal ..... he gave certain reasons in support of .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... this tribunal is required to decide the controversies applying section 20 of the national green tribunal act, 2010 which casts onerous duty upon this tribunal to consider, if any, precautionary measures can be adopted for eradication of pollution applying the principle of sustainable ..... he has approached this tribunal invoking jurisdiction under section 14(1) of the national green tribunal act, 2010, inter-alia, praying for appropriate directions to the authorities to safe guard kaziranga and ..... environment, ecology, biodiversity and adverse impacts on flora and fauna vis-a-vis conservation of forest and other natural resources including enforcement of legal rights relating to environment, being the paramount objective of the national green tribunal, to maintain healthy environment and eradicate the pollution, and to protect ecology in kaziranga national park and in its vicinity, which is highly eco-sensitive. ..... in their reply, though, the state of assam took the stand that certain writ petitions were pending before the honble guwahati high court and as such they were not able to take action against the crusher units and stone crushers situated within 10 km of ndz, in the ..... kumar singh, doctrine of promissory estoppel squarely applies to the case in hand as has been held in the case of pepsico india holdings pvt. ..... many of our principles like sustainable development, polluter-pays principle, inter-generational equity have their roots in ..... even otherwise, no relief can be granted to .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... section 18 (2) of the national green tribunal act inter-alia provides that an application for grant of relief or compensation or settlement of dispute may be made by the person who has sustained the injury or the owner of property to which damage has been caused, legal representatives or an agent duly authorized of the deceased in case of death or any person aggrieved including any representative body ..... 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 ..... section 20: tribunal to apply certain principles the tribunal shall, while passing any order or decision or award, apply the principles of sustainable development, the precautionary principle and the polluter pay ..... there is no possibility of improving the situation which resulted in environmental and ecological threats, appropriate steps may have to be taken by this tribunal while keeping in view the principles of sustainable development; the precautionary principle and the polluter pay principle. ..... 1 had put forth certain demands at the time of public hearing regarding .....
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