Court : Mumbai Goa
..... facts of the case in the above writ petition as pointed out by the petitioner, are that the respondents no.1 to 4 filed an application before the respondent no.7 under section 18(1), read with sections 14, 15, 16, and 17 of the national green tribunal act, 2010. ..... , learned senior counsel appearing for the petitioner in a persuasive and articulate manner has taken us through the various provisions of the national green tribunal act, 2010 ( the said act ? ..... 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 over any such claim for granting any relief or compensation or restitution of property damaged or environment damaged shall be granted by the civil court. ? 10. as can be seen from the above, the national green tribunal has been constituted in terms of the said act to decide specific disputes, as specified therein with ..... in this connection, we may note that the national green tribunal was constituted in terms of the provisions of the said act, with the object of providing the establishment of a tribunal for the effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural ..... , inter alia, takes exception to the judgment and order dated 29th may, 2015 passed by the learned national green tribunal, (western zone) bench, pune respondent no.7 in application no.51/2014. 3. .....
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. ..... it 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. ..... the said clause reads as follows:- any appeal against this environmental clearance shall lie with the national green tribunal, van vigyan bhawan, sec-5, r.k. ..... 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. ..... 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. 7. ..... in view of the said clear position we are satisfied that respondent 2 acted in excess of jurisdiction conferred upon him in incorporating clause 11 to the impugned order and thereby granting six months time to file the appeal. .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
applicant, a brick industry, represented through its proprietor has approached this tribunal under section 19 of the national green tribunal act, 2010 inter-alia praying to review/modify a portion of the judgment dated 07th september, 2012 delivered in application no. ..... relevant portion of the said notification reads as follows: now, therefore, 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 (29 of 1986) read with clause (d) of sub-clause (3) read with sub-rule (4) of rule 5 of the environment (protection) rules, 1986, the central government hereby directs that on and from the date of publication of this notification ..... the materials produced before this tribunal in course of hearing of the main application clearly revealed that due to in-action of the state government of assam as well as absence of monitoring by the central government number of polluting industries/units were established in and around no development zone of kaziranga national park thereby posing immense threat to the bio-diversity, eco-sensitivity, ecology as well as environment. ..... considering all the aspects, this tribunal in order to protect the environment in and around kaziranga national park which has importance through out the world issued certain directions to remove the units which were creating pollution pertaining to air, water, noise and are situated in the vicinity more particularly within no .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
m/s sree bajrang oil and flour mill represented through its proprietor has approached this tribunal under section 19 of the national green tribunal act, 2010 inter-alia praying to review/modify a portion of the judgment dated 07th september, 2012 delivered in application no. ..... relevant portion of the said notification reads as follows: now, therefore, 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 (29 of 1986) read with clause (d) of sub-clause (3) read with sub-rule (4) of rule 5 of the environment (protection) rules, 1986, the central government hereby directs that on and from the date of publication of this notification ..... the materials produced before this tribunal in course of hearing of the main application clearly revealed that due to in-action of the state government of assam as well as absence of monitoring by the central government number of polluting industries/units were established in and around no development zone of kaziranga national park thereby posing immense threat to the bio-diversity, eco-sensitivity, ecology as well as environment. ..... considering all the aspects, this tribunal in order to protect the environment in and around kaziranga national park which has importance through out the world issued certain directions to remove the units which were creating pollution pertaining to air, water, noise and are situated in the vicinity more particularly within no .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... no.172/2012 praying in that application that appropriate action be initiated against the respondent-authority in terms of section 26 read with section 28 of the national green tribunal act, 2010 for non-compliance of the judgment dated 27th august, 2012. ..... sudarshan dry docks the proposal was placed before the authority in its 78th meeting of gczma held on 24/01/2013; the gczma members after perusing the documents, and the directions of the honble national green tribunal in misc application no. ..... the order dated 11th april, 2012 was impugned by the appellant before the national green tribunal in appeal no. ..... in our considered view, the authorities, in the facts and circumstances of the present case, have not acted with complete fairness and have compelled the appellant to approach the courts and the tribunal repeatedly, without any specific fault being attributed to him. ..... now, therefore, in exercise of the powers conferred by section 5 of the environment (protection) act, 1986 (central act 29 of 1986), delegated to the gczma; the gczma hereby directs shri rudresh naik to make good the geological and ecological loss at site, by back filling the cut portion and the cavity formed in the property ..... the bench of this tribunal vide its order dated 18th december, 2012, after noticing that the member-secretary of the respondent did not comply with the order of the tribunal, observed that the authority did not act in a prudent manner and rather exhibited their inaction to the rule of law. .....
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. ..... the national green tribunal has been constituted for strengthening environmental protection and the conservation of forests and other natural resources. ..... an application 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 project. ..... 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 thermal power plant. .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... this is an application filed under section 14 of the national green tribunal act 2010 challenging the order dated 16.11.2011 issued by the puducherry pollution control committee, pondicherry under section 31-a of the air (prevention and control of pollution ) act, 1981 directing the applicant to stop all the manufacturing activities until the three directions mentioned therein are complied ..... 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) . ..... the national green tribunal is a statutory tribunal and it cannot examine the virus challenged of any act or provision ..... unless, all the forum available under the act are exhausted by the applicant including the appeal under section 31 of air act, it cannot approach this tribunal directly -- whatever, may be the merits and the questions of law raised and arise ..... when this tribunal expressed doubt as to the maintainability of the appeal, the learned counsel for the applicant drawn our attention to the provisions of section 2 (m) and 14 of the ngt act which reads as under: section 2(m)- substantial question relating to environment shall include an instance where, -- (i) there is a direct violation of a specific statutory environmental obligation by a person by which,-- (a) the community at large other than an individual or group of individuals is affected or likely to be affected by .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... within ambit of section 14, 15 and 18 of the national green tribunal act, 2010 and is accordingly entertained by this tribunal. 4. ..... october 11th, 2013, hon'ble high court of judicature, at bombay was pleased to transfer the writ petition (pil) no.138 of 2006 to the national green tribunal alongwith the civil application filed therein. ..... , district mining officer, raigarh at alibag filed affidavit in pursuance to order dated february 4th, 2013 passed by the national green tribunal. ..... (e and f) wrote do letter dated 1st june, 2010 to all the chief ministers of the states to examine the report and to issue necessary instructions for incorporating the recommendations made in the report in the mineral concession rules for mining of minor minerals under section 15 of mines and mineral (development and regulation) act, 1957. ..... of mines along with indian bureau of mines and respective state governments should therefore make necessary provisions in this regard under the mines and minerals (development and regulation) act, 1957, mineral concession rules, 1960 and adopt model guidelines to be followed by all states--(emphasis supplied). ..... obviously, beyond the limits of the areas covered by the indian ports act, the creeks, the beaches, shores and seaward area would require categorical permission of the concerned authority for purpose of extraction of minor ..... filed on behalf of collector of north goa, on april 4th, 2014, in pursuance to the order of this tribunal passed on february 4th, 2014. .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... this original application has been filed under section 18 of the national green tribunal act, 2010 highlighting the problems arising out of running of marriage gardens, function halls and similar activities of holding parties etc. ..... (national green tribunal central zonal bench bhopal) dalip singh, j. ..... of diesel generator sets (in short dg sets) was also beyond the scope of the original application and disposal of leftover food cannot in any manner be considered as hazardous waste so as to bring the matter within the purview of the tribunal under the ngt act of 2010. ..... the objection with regard to the jurisdiction of the tribunal in dealing with the aforesaid question of regulating the activity of running of the business of the marriage gardens is concerned, we have confined ourselves to the issue with regard to the water, air and noise pollution in terms of the provisions of the water act, 1974, air act, 1981 and the ep act and rules, 1986 with special reference to the provisions contained in the rules with regard to the operation of dg sets ..... it is expected that the respondents in the meanwhile shall enforce the provisions of the water, air and ep act and various notifications issued thereunder with regard to the air, water and noise pollution as well as maintenance of national ambient air quality standards in accordance with law. 21. .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... provided under section 16 of the national green tribunal act, 2010 (for short the ngt act) is 30 ..... 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; ********* 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 ..... any interpretation of section 125 of the electricity act which may attract applicability of section 5 of the limitation act read with section 29(2) thereof will defeat the object of the legislation, namely, to provide special limitation for filing an appeal against the decision or order of the tribunal and proviso to section 125 will ..... that the appellant was prevented by sufficient cause from filing the appeal within the said period, allow it to be filed under this section within a further period not exceeding sixty days. .....
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