Court : Supreme Court of India
..... act, 1992 (15 of 1992); (xii) section 18 of the telecom regulatory authority of india act, 1997 (24 of 1997); (xiii) section 53t of the competition act, 2002 (12 of 2003); (xiv) section 125 of the electricity act, 2003 (36 of 2003); (xv) section 24 of the national tax tribunal act, 2005 (49 of 2005); (xvi) section 30 of the armed forces tribunal act, 2007 (55 of 2007); (xvii) section 37 of the petroleum and natural gas regulatory board act, 2006 (19 of 2006); (xviii) section 31 of the airports economic regulatory authority of india act, 2008 (27 of 2008); (xix) section 22 of the national green tribunal act, 2010 (19 of 2010); (xx) section 423 of the companies act, 2013 (18 of 2013); 114 (xxi) section ..... (1) the central government may, by notification, make rules to provide for qualifications, appointment, term of office, salaries and allowances, resignation, removal and the other terms and conditions of service of the chairperson, vice- chairperson, chairman, vice-chairman, president, vice- president, presiding officer or member of the tribunal, appellate tribunal or, as the case may be, other authorities as specified in column (2) of the eighth schedule: provided that the chairperson, vice-chairperson, chairman, vice-chairman, president, vice-president .....
Tag this Judgment!Court : Supreme Court of India
..... provisions 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). ..... the concerned authorities to take appropriate steps in all respects not only to fill up these vacancies but also to provide such infrastructure and facilities that the doctors are not compelled to or prefer to resign from bmhrc employment and its various departments, due to inadequate facilities.11) the union of india, the state government and the icmr should even consider the proposal for providing autonomy to bmhrc and even ..... direct the concerned department of the state government to ensure facilities such as sufficient office space with furniture and furnishings, office staff including one secretary and one doctor to act as coordinating officer and one each of hindi and english stenographer-cum-typist and one peon and for transportation of members one vehicle with seating capacity for at least five ..... vide letter dated 12th april, 2012, the icmr while making a reference to the order of this court dated 19th july, 2010 had informed that the administrative control of bmhrc, after winding up of bmht, had been transferred to the dhr, ministry of health and family welfare, government of india and all other matters, ..... certain events, the chairman of bmht resigned. .....
Tag this Judgment!Court : Mumbai Nagpur
..... according 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. 8. ..... act, same also cannot be looked into by the tribunal constituted under the national green tribunal act, 2010. ..... it will be appropriate to briefly examine seven enactments which are included in schedule-i of the national green tribunal act, 2010. ..... the environment (protection) act, 1986, vide its section 5a, provides for an appeal to the national green tribunal against directions issued under section 5 of the said act. ..... the forest (conservation) act, 1980, vide its section 2a, provides for an appeal to the national green tribunal against an order, or a decision of the state government or other authority made under section 2 of that act. ..... act, has not used such words while phrasing section 14 of that act or conferring jurisdiction upon national green tribunal. ..... discussion above therefore, shows that appellate jurisdiction is conferred upon national green tribunal under various enactments as stipulated in section 16, read with schedule-i of the n.g.t. ..... when section 14[c] is read along with and construed with section 2[c] and [m], it is clear that civil cases which can be considered by the national green tribunal must affect environment. .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... 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 ..... 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 ..... 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. ..... , 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. ..... 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. ..... 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. ..... the dispute is considered to be regarding felling of trees only and the application is filed under section 14 of the ngt act, 2010 then the application for adjudication of such dispute can be said to be barred by limitation. .....
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
..... 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 ..... the national green tribunal act, 2010 relating to ..... 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 ..... though, the application has been filed under section 14, 15 and 18 of the act, there is no material on record to show that there are environmental impacts and ..... as per ngt act, 2010? c. ..... 3 of the national highway authority of india act, 1988 for the purpose of development, management and maintenance of the national highways or the stretch thereof, vested in or .....
Tag this Judgment!Court : Mumbai Aurangabad
..... 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. ..... 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 14 of the national green tribunal act, 2010 ..... 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 ..... / 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 ..... in the provisions of the code of civil procedure,1908 read in conjunction with provisions of national green tribunal act, 2010. ..... learned civil judge further opined that the decree in regular civil suit no.372/1998 is in contravention of section 2 of forest (conservation) act, 1980; and the forest land which has not been regularised in favour of the father of the parties to the said suit, cannot be held regularised on the basis of the decree passed in favour .....
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: ..... kind of substitution is outside the scope of the appellate jurisdiction available to this tribunal under section 16 of the national green tribunal act, 2010. ..... section 16 (e) of the national green tribunal act, 2010 reads as follows: ..... it explicit that the appellate jurisdiction of this tribunal is circumscribed by section 16 of the ngt act, 2010. ..... in case the state government decides to forward the proposal to the central government, under section 2 of the forest (conservation) act, 1980, it would be necessary to follow provision of rule 6 of the forest (conservation) rules ..... the honble supreme court interprets section 2 of the forest (conservation) act, 1980 with reference to the non- ..... after reproducing the section 2 of the forest (conservation) act, 1980, the honble supreme court observed .....
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 development. ..... 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 its ecology. ..... protection of 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. ..... satisfied that kaziranga national park is the home of three-fourth of the total population of the rhino and contains largest single concentration of endangered species and wild animals like swamp-deer, wild buffalo, elephants, tigers and gangetic dolphins, it is the only park of its kind with a viable low land grass land-ecosystem in south asia, in exercise of the powers conferred by sub-section(1) and clause(v) of sub-section (2) of section 3 of the environment (protection) act, 1986 read .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... 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). ..... filed under section 14 (1) of the national green tribunal act 2010 by 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 ..... 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 ..... 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 ..... a combined reading of the preamble and section 20 of the ngt act, 2010 would reveal that this tribunal has got vast jurisdiction to decide the environmental disputes such as enforcement of legal rights relating to environment, compensation, damages to persons and property, and matters connected therewith and incidental .....
Tag this Judgment!