Court : National Green Tribunal Principal Bench New Delhi
..... swatanter kumar, (chairperson) by means of the present application filed under section 18(1) read with section 14 of the national green tribunal act, 2010 (for short the ngt act) the applicant seeks to challenge the legality and correctness of the communications-cum-orders dated, 6th march, 2013, 11th march, 2013 and 13th march, 2013 passed by respondents no.1, 3 and 4 respectively. ..... therefore, for the reasons afore-recorded and while setting aside and quashing the three impugned communications/orders dated, 6th march, 2013, 11th march, 2013 and 13th march, 2013, we remand the matter to the moef for passing an order afresh after providing an opportunity to file replies and of being heard to the, state of west bengal, pollution control board, state of west bengal and the applicant. ..... in fact, the learned counsel appearing for moef took a clear stand on behalf of the ministry that the communication dated, 6th march, 2013 is not a direction under section 5 of the act, but was in fact advisory in nature, requiring the state of west bengal and the pollution control board, west bengal, to examine the matter in accordance with law. 17. ..... sido kanhu university, (1998) 8 scc 194. 12. ..... gandhi (1991) 2 scc 716, the supreme court had emphasized that it is implicit that principles of natural justice or fair play do require recording of reasons as a part of fair procedure. .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... grant environmental clearance for carrying out any activity or operation or process under the environmental (protection) act, 1986 (29 of 1986); (j) any 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 biological diversity act, 2002 (18 of 2003), may within a period of thirty days from the date on which the ..... environment and the issues involved remain to be decided by the tribunal and the said questions arise out of the implementation of the enactments specified in schedule i to the act and it will be futile to contend that the challenges are made by appellants with respect to other state laws mentioned above and hence, the contention putforth by the respondent ..... the salim ali foundation (annexure a2), report of the kerala state legislative assembly committee on environment regarding aranmula greenfield international airport (annexure a17) and the letter dated 13.07.2013 submitted by the 72 members of the kerala state legislative assembly to the honble prime minister of india would show that the issue of paddy land reclamation is very ..... new delhi which is a recognized agency for conducting obstacle study for airport project by civil aviation, air ports authority and director general of civil aviation wherein experts have dealt with the steps taken regarding the obstructions providing adequate remedial measures whereby ..... gandhi .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... : [1998]1scr4 , the supreme court while dealing with the cases under the labour laws and employees' provident funds and miscellaneous provisions act, 1952 observed that even when the petition under article 226 is dismissed in limini, it is expected of the high court to pass a speaking ..... to follow the following procedure while exercising its power in terms of the notifications of 1991 and/or 2011: (1) it must serve a notice to show cause, containing comprehensively all the acts/omissions/commissions which the affected party has committed, rendering it liable for any action in terms of the notification. ..... sido kanhu university, (1998 ..... court while noticing that omnipresence and omniscience of the principles of natural justice act as deterrence to arrive at arbitrary decisions in flagrant infraction of fair play, ..... revisional authority or the supervisory jurisdiction of the high court under article 226 or the appellate jurisdiction of this court under article 136 to see whether the authority concerned acted fairly and justly to mete out justice to the aggrieved person. 26. ..... specific language provide for any procedure for taking action against the violators of the restrictions or even the manner in which the authority will proceed if it finds that any activity, or act or omission has been done in violation to the said notification. ..... gandhi (1991) 2 scc 716, the supreme court had emphasized that it is implicit that principles of natural justice or fair play do require recording of reasons .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... the legislature enacted various laws like the air (prevention and control of pollution) act, 1981, water (prevention and control of pollution) act, 1974 and the wildlife (protection) act, 1972, the forest (conservation) act, 1980, the indian forest act, 1927 and the biological diversity act, 2002 and other legislations with the primary object of giving wide dimensions to the laws relating to ..... union of india (1995) 3 scc 42, this court while noticing article 1 of the universal declaration of human rights, 1948 (for short 'udhr') asserted that human sensitivity and moral responsibility of every state is that "all human beings are born free and ..... have already discussed at some length that the high tourist activity, vehicular pollution and deforestation attributable to acts of emission require to be compensated, restored and maintained in a manner that there is minimum damage and ..... we do agree with the orders of the high court dated 23rd may, 2013 wherein it had directed that snow scooters which are less than four years old should be permitted to be used for the purpose ..... national ..... the national highway-21 closely aligned along the beas river, is the most affected stretch where slopes tend to give way following human ..... our country is transported on national highways. ..... economic and political justice", to preserve "liberty of thought, expression, belief, faith and worship" and to ensure "equality of status and of opportunity" and "the dignity of the individuals" and the "unity of the nation". .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... to make any new discharge of sewage: provided that a person in the process of taking any steps to establish any industry, operation or process immediately before the commencement of the water (prevention and control of pollution) amendment act, 1988, for which no consent was necessary prior to such commencement, may continue to do so for a period of three months from such commencement or, if he has made an application for such consent, within the said ..... the applicant for obtaining membership was rejected vide order dated 8th july, 2008 after a lapse of nearly two years, the board, in exercise of the powers vested in it under section 33a of the water act, directed to close down the industrial unit of the applicant, vide its order dated 10th august, 2010, and in the event of failure to comply with the said order, it was stated that, it ..... 1992 sc 1417), wherein while dealing with clause 5(3)(ii) of the import (control) order, held that fiction created was for the proper implementation of the import and export (control) act, 1947 and to hold the licensee responsible for anything and everything that happens from the time of import till the goods are cleared through customs and it was also held that ..... armin rosencranz, oxford university press). ..... 2013, and 405(thc)/2013, it has been alleged that the textile industries are working outside the industrial area and an order for closure of these industries has been passed by the board in exercise of its powers under section 33a of the water act .....
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