Court : National Green Tribunal Principal Bench New Delhi
..... words "including enforcement of any legal right relating to environment" as used in sub-section (1) of section 14, of the national green tribunal act 2010, will not, in any manner give restrictive meaning to section 14(1), but will be rather explanatory in nature. ..... in the said case, provision of the income tax act, was held as unconstitutional, as being violative of article 19(1) (f) of the constitution and, therefore such decision of madras high court, it was held could not be overlooked, by the income tax tribunal, inasmuch as that provision itself did not exist ..... andhra pradesh high court, held that though exemption provided under section 8, read with entry 7, of 4th schedule of andhra pradesh general sales tax act, 1957, was applicable to tobacco, oil and tobacco cake, being forms of tobacco, yet "tobacco seed" was not tobacco and that only leaf, stalks and stems of tobacco plants could be said to be "tobacco", ..... he relied on judgment of hon'ble bombay high court in commissioner of income tax vs godavari devi saraf on 27.9.1977 (1978 113 itr 589 bom) 12 ..... is placed on the observations in case of "commissioner of income tax vs godavaridevi saraf" 1978 (2) elt 624 bom. ..... , was prohibited from recovering collection of service taxes, directly from traders/associations as per the moef notification dated september 14th, ..... "mahalaxmi oil mills and anr vs andhra pradesh and ors" scr, supll (1), 1088, the apex court interpreted section 8 of the andhra pradesh general sales tax act, 1957. .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... respondent no.3, therefore, pleads that the present applicants have challenged the permissions/noc granted to them dated 7-12-1999 and 11-4-2000 respectively, and therefore, as per the provisions of section 14 sub-section 3 of national green tribunal act 2010, both these applications are hopelessly barred by limitation as the first cause of action arose on 11-4-2000, much beyond the time specified for limitation under section 14 of the ngt act. 9. ..... it was observed by the hon'ble high court in order dated 13- 7-2010 passed in writ petition no.153 of 2010 that the hon'ble high court by its judgment and order dated 3- 10-2005 had not disturbed the said communication and the hon'ble high court wanted to examine the compliance of conditions of the impugned noc of gczma. ..... no.17(thc) of 2013 (wz)and 20(thc)/2013 (national green tribunal, (wz) pune petition no.152 of 2005 is judgment-in-rem. ..... respondent no.1 gczma further submits that the permission given by gczma to municipal council on 7-12-1999 was the subject matter in writ petition no.152 of 2005 and that the petition was finally decided by the hon'ble high court, by not disturbing the permission given by gczma dated 7-12-1999. ..... (i), it would appropriate to consider the orders of hon'ble high court of bombay, bench at goa in writ petition no.152 of 2005 dated 3-10-2005 and also orders dated 13-7-2010 and 16-8-2010 in writ petition no.153 of 2010, as both these writ petitions are directly related to the subject matter. .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... period of limitation is circumscribed by the specific provision of the special enactment, namely, the national green tribunal act, 2010. ..... collecting necessary information and it was more than clear that they did not file appeal against such environment clearance (ec) certificate within prescribed period of limitation, as provided under section 16 of the national green tribunal act, 2010. ..... in present case too, withdrawal of the writ petition was permitted by the hon'ble high court of bombay with liberty to approach this tribunal on the 'same cause of action' which would indicate that whatever cause of action had triggered at the time of filing of the said writ petition, was the same and was ..... it also appears from order dated january 10th,2014, passed by the co-ordinate bench of this tribunal at principal bench, new delhi, that on basis of such affidavit, it is observed that under sub-clause 5(f) of the schedule appended to moef notification dated 14th september 2006, only "synthetic organic ..... counsel to withdraw the petition with liberty to file proceedings on the same cause of action before the national green tribunal. ..... of chhattisgarh and others (appeal no.1 of 2003), a coordinate bench of this tribunal (central zone bench, bhopal) held that "the period of limitation cannot be extended by the tribunal, in view of the language used in section 16 of the ngt act, 2010. ..... tribunal has no discretion to extend the period by taking aid from the general provisions of the limitation act .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... we may reproduce section 14 of the national green tribunal act, 2010, for ready reference, in order to amplify scope of jurisdiction available to the tribunal. ..... no.13(thc) of 2013 3 high court bench at aurangabad, transferred the writ petition no.4343 of 2008, to this tribunal in view of "bhopal gas pideet mahila udhyog sanghatna vs union of india" (2012) 8, scc 326." 3. ..... a bare reading of section 14, quoted above, will make it clear that jurisdiction available to this tribunal, is in respect of only the enactments, which are stated in schedule-i, appended to the ngt act. ..... in other words, this tribunal cannot examine whether a particular sanctuary can be declared or cannot be declared as 'reserved' for a particular species of wildlife ..... it goes without saying that the writ petition transferred to this tribunal, will have to be remitted to the hon'ble high court, for want of jurisdiction to the tribunal. 5. ..... the tribunal shall hear the disputes arising from the questions referred to in sub-section (1) and settle such disputes and pass order thereon. 3 ..... the tribunal shall have the jurisdiction over all civil cases where a substantial question relating to environment (including enforcement of any legal right relating to environment), is involved and such question arises out of the implementation of the enactments ..... "section 14: tribunal to settle disputes:- 1 ..... it is explicit, therefore, that question pertaining to sanctuary of great indian bustard, falls outside jurisdiction of this tribunal. .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... on perusal of the records and also submissions made by moef and mpcb and also, the communication from the applicants organization that the issue is now settled, the tribunal is required to see whether, in fact law allows the authority to charge the authorization fees and also contention raised that the bio medical waste is not a hazardous waste will have to be ..... ) rules and the applicants therefore, pray for following prayers among others :- (b) it be declared that impugned rule 8(2) of the bmw rules purportedly framed under the provisions of sections 6, 8 and 25 of the environment (protection) act, 1984 is ultravires to the environment (protection) act, 1986 and the same be quashed and set aside as ultravires constitution, statute and illegal and void and that the same is unenforceable and still born. ..... honble principal bench, national green tribunal in its judgment delivered in the application no.63/2012 has already clarified the issue whether bio-medical waste is a hazardous waste and the relevant paras are reproduced for ready reference ..... if the constitutional mandate even for levy of taxes is that it cannot be without the authority of law the scrutiny in respect of justification of fee by the prescribed authority can only for stricter and not to ..... article 265 of the constitution mandates that no tax should be levied or collected without the authority ..... it has been well recognized that taxing power can be exercised only by ..... of fee is part of taxing power though on a lesser scale .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... the appellant, the ec granted on 1st september, 2011 being a comprehensive one, the same can be assailed only before this tribunal under section 18 of the ngt act, 2010, by way of filing an appeal. ..... -16 of the ngt act, 2010 vests a right on any person aggrieved by an order granting environmental clearance to approach this tribunal and assail the said ..... the order impugned before this tribunal being only amendment to the environment clearance granted in 1997, and as the order dated 20th march, 1997 is the subject matter of dispute before the honble karnataka ..... it appears that the ec dated 20th march, 1997 granted by the moef to respondent no.4, was assailed before national environment appellate authority (neaa). ..... janajgrithi samithi, a society registered under the provisions of societies registration act, has filed this appeal, assailing the order dated 1st september, 2011, passed by the ministry of environment and forests (moef), allowing amendment of environment clearance (ec) for installation / expansion of 2x600 ..... 2005 ..... 2005, and the said case is still subjudiced, we feel, the present appeal is not maintainable before this tribunal ..... the environment clearance granted in 1997 before the honble karnataka high court in wp no.21439 of 2005. ..... 2005 ..... (t) dated 20.3.1997 (annexure w) and order of extension dated 16.4.2002 (annexure mm) issued by the 1st respondent as being illegal and violative of article 21 of the constitution of india and provisions of the environment protection act. 5. .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... 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 ..... for condonation of delay under section 5 of the limitation act, read with section 14 (3) and 18 of the national green tribunal act, 2010. ..... colony is covered by the eia notification dated 27.01.1994 read with amended eia notification dated 07.07.2004 and not by the eia notification dated 14.09.2006 and this hon'ble tribunal be further be pleased to hold that under the provisions of the environment (protection) act, 1986 read with the above said eia notifications dated 27.01.1994, dated 07.07.2004 and 14.09.2006, "prior environmental clearance" cannot be granted to the respondent no. ..... 1 shown in the plan (exhibit-" ") and transit building are erected in violation of the environment (protection) act, 1986 and the said buildings are unauthorized construction and unauthorized development work and this hon'ble tribunal be further pleased to direct the mcgm, sra, state government and dated 12.12.2012 and its prequel dated 16.11.2010 ..... it appears that on 19th april, 2005, the developer and the owner received completion certificate for two (2) rehab buildings of ground + ..... further on 31st may, 2005, completion certificate for another rehab building was issued in their favour and subsequently, ..... apex court directed the high court to decide the writ petition (civil) no.2565 of 2005, expeditiously. .....
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. ..... 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. ..... 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. ..... 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. ..... applicant, therefore, requested for certain documents under provisions of right to information act, 2005. .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... therefore, the power of review of its own decision provided under section 19(4) (f) of the national green tribunal act is to be exercised bearing in mind the limitation provided under rule 1 of order 47 of code of civil procedure, ..... therefore, the power of review provided under section 19(4)(f) of national green tribunal act, 2010 is akin to the powers provided under section 114 and rule 1 of order 47 of code of civil procedure which provide that any person considering himself aggrieved by a decree or order ..... national green tribunal act, 2010 provides the procedure and powers of the tribunal ..... interim or final prohibiting mining activities within a radius of 10 km of the boundary of national parks or wildlife sanctuaries and it is for the moef, government of india to issue draft notification defining eco-sensitive zones around each protected area and after objections are received, the central government have ..... 21.04.2014, it was declared that the hon'ble supreme court has not passed any order for implementation of the decision taken on 21.01.2002 by the national board for wild life to notify areas within a radius of 10 km of the boundary of the national parks or wild life sanctuary as eco-sensitive areas, with a view to conserve the forest/wild life and environment and that there was no direction ..... opportunity to all states/union territories to respond to its letter dated 27-5-2005. .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... they also claim to be persons eligible within the meaning of section 18(2)(e) of the national green tribunal act, 2010 (for short the ngt act ) and have preferred the present appeal under section 16 read with sections 14, 15(b), (c) and 18(1) and (2) of the ngt act challenging the legality and correctness of the communication bearing no.j-13012/30/2010-ia-ii(t) dated 16th october, 2012, issued by the govt. ..... there is a delay of 16 days even beyond the period of 90 days prescribed under section 16 of the ngt act and as such the tribunal does not have even the jurisdiction to condone the delay in filing the appeal. ..... the purpose of providing a limitation is not only to fix the time within which a party must approach the tribunal but it is also intended to bring finality to the orders passed on one hand and preventing endless litigation on the other. ..... as far as what is communication and how the period of limitation prescribed under section 16 of the ngt act is to be determined and with reference to what acts, we need not dwell upon the issue as it already finds answers in some details in a recent judgment of the tribunal in the case of save mon region federation and anr v. ..... therefore, in exercise of its rights under the right to information act, 2005 the appellant wrote a letter dated 5th december, 2012 demanding the documents. .....
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