Court : National Green Tribunal Principal Bench New Delhi
..... on perusal of this order of the collector dated 22nd may 2013, it is noticed that said order has been issued under the powers conferred under section 24 and 29 of the gujarat disaster management act. 14. ..... this compensation has been awarded by the collector under the powers conferred on him by section 24 and 29 of gujarat disaster management act. ..... after referring to the principles evolved in various international conferences and to the concept of `sustainable development', stated that the precautionary principle,the polluter pays principle and the special concept of onus of proof have now emerged and govern the law in our country too, as is clear from articles 47, 48-a and 51-a(g) of our constitution and that, in fact, in the various environmental statutes, such as the water act, 1974 and other statutes, including the environment (protection) act, 1986, these concepts are already implied. ..... we, therefore, feel it necessary that all the expenditure related to investigation, control, management and remediation, if any, of the accidental spillage and drifting of hw in the instant case which has been incurred by the gpcb and cpcb shall be recovered from the respondent nos.3 and 4. 33. ..... the polluter pays principal is commonly interpreted as; the polluter must pay for the cost of pollution abatement, cost of environment recovery, cost of incident management and compensation costs for the victims of the damages, if any, due to pollution. .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... the respondents shall prepare a disaster management plan (dmp) for protection of forests and shall make available more number of g.p.s, fire beaters, fire brooms, fire rakes, motor vehicle sets, watch towers by evolving particular standards based on scientific study and data collected, in accordance with the area of the forests. ..... ; (iii) the important migratory corridors for wildlife; and (iv) the forest land diverted for non-forest purpose ..... some of the recommendations of moef given in their affidavit dated 29/4/2011 have been incorporated in court directions and are related to; (a) creation and regular updating of a gis based decision support database, tentatively containing inter-alia the district-wise details of the location and boundary of (i) each plot of land that may be defined as forest for the purpose of the forest (conservation) act, 1980; (ii) the core, buffer and eco-sensitive zone of the protected areas constituted as per the provisions of the wildlife (protection) act, 1972 .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... project activities such as ambient air quality, (ii) analysis and submission of details of comprehensive risk assessment and disaster management plan including emergency evacuation during natural, man-made disaster integrating with airport such as fire detection and fighting, bomb threats, earthquake, and oil spillage, (iii) examining separately the details of construction and operational phases both for environmental management plan and environmental monitoring plan with cost and parameters, (iv) examining road/rail connectivity ..... cases on all the environmental impact if the project is allowed to be setup as per the grant of ec, it leaves no doubt that the appellants have raised substantial question relating to 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/state of kerala that the appeals are ..... the moef has notified the eia notification 2006, under the environmental (protection) act 1986 encompassing environmental conservation, sustainable development, generational equity etc. .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... appellants apprehend a great danger and disaster to the environment and ecology, if the project is not properly envisaged and does not satisfy the principles of sustainable development and precautionary principles as is mandated under section 20 of the ngt act. ..... following the completion of the additional studies and their incorporation into a single consolidated environmental impact assessment/environmental management plan, in september 2009, thdc organized a public hearing at which the findings of all the relevant studies and the associated mitigation measures were shared with project-affected people. ..... this can be accomplished by implementing various water or energy management techniques that increase the flexibility of reservoir storage and releases such that environmental flows can be released into the downstream channel and floodplain. ..... (e) the corpus should be managed by a society registered under society act, with representative of the moef, representative of state forest department and sate wildlife department, two independent experts and representative of nhpc. ..... (c) aquatic otter conservation area should be properly demarcated as suggested in the environmental management plan and should have restricted access. ..... the environment impact assessment/environment management plan studies of the project were carried out by m/s water and power consultancy services, a government of india enterprise, in 2006. .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... (i) (i) as per the recommendation of the national commission on agriculture 1976, forest development corporations were established in the country under the provisions of the companies act with the main objective of developing low economic value forests into high economic value forests and to enhance the productivity of the forests by undertaking scientific forest management practices so that the output from the forests is increased to meet the domestic and industrial needs of forest produce such as timber, bamboo, firewood, etc. ..... (iii) whether the mpfdc is involving the local communities in the forest management and has taken up the csr activities for the benefit of people, particularly those villagers who are mostly tribals residing in the vicinity of the transferred forest areas and also whether the working plan approved by the moef deals with the provisions of sharing benefits with the local communities who are organized into jfm committees / van samrakshan samiti (in short vss). ..... f.30-6-2001-x-3 dated 8th december, 2006 the state government has empowered all the divisional managers of mpfdc as wildlife warden? ..... f.30-6-2001-x-3 dated 8th december, 2006 empowered the officers of mpfdc on par with the officers of the forest department for exercising powers under indian forest act, 1927. .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... the concern here is that during the same period the tiger ..... latest reports reveal that the efforts made by the forest departments across the country under the strict regime of wildlife laws enacted for the protection of wildlife and through regular monitoring and support of the moef and ntca and also as the issue of protecting tiger in the wild is reviewed at the highest level and given maximum thrust, the tiger population in the wild in the country is reported to have gone up from 1411 in 2006 to 1706 2010 which augurs well for this charismatic big cat but ..... eszs are meant to act as shock absorbers for regulating and managing the activities around such protected areas and they are not meant to hamper day to day activities but insist for protecting the precious forest / protected areas in their locality from any negative impact. .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... of this letter dated 19th december, 2012 have been challenged in the following applications: (i) in application no.86 of 2013, the petition filed by rayons-enlighting humanity, a society registered under the society registration act, 1860, it has prayed that the above letter dated 19th december, 2012 be quashed, and that the ministry of environment and forests (for short moef), be directed to review the municipal solid waste management rules, 2000 in the light of the judgment of this tribunal dated 11th october, 2011, passed in original ..... the state level environmental impact assessment authority, (for short seiaa), in its meeting dated 19th december, 2012 agreed with the recommendations of the state environmental appraisal committee, (for short seac) and declared that the nagar nigam (municipal corporation), bareilly, respondent no.4, was not required to take environmental clearance (for short ec ) for municipal solid waste management (for short mswm ) project, bareilly, under the eia notification of 2006 (for short the notification). ..... in this regard, the following clarification is issued- (i) since the eia notification, 1994 has now been superseded by eia notification,2006, all project activities listed under the eia notification, 2006 shall require prior environment clearance under the said notification without linking it to the date of land acquisition, if the project activity has not commenced at the site. .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... the safety manual, according to the respondent, is prepared for irrigation department for preparedness for dealing with emergency situations of the dams and as per the circular dated 8th october, 2007 issued by irrigation department, government of maharashtra, regarding issuance of noc for establishment of townships, it is the requirement to assess the hazardous potentiality of floods to nearby habitations in the vicinity of the river and the chief engineer is competent to issue noc, who is also the canal officer under the maharashtra irrigation act, 1976. 24. ..... it is better to take precautions at this stage, even at the cost of additional expenses rather than to face floods, disaster, loss of person and property and irreversible damages to ecology and environment. ..... it is averred that the eia notification, 2006 (for short the notification) the construction of highway including construction of national highway and expansion of national highway greater than 30 km with additional right of width within 20 m involving land acquisition and passing more than one state requires ec from the moef. ..... regulation 2 of eia notification of 2006 makes it obligatory upon the respondent to seek environmental clearance from either the central government (moef) if the project falls under category a and from the seiaa if it falls under category b. .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... in the case of charan lal sahu v union of india, air 1990 sc 1480, the hon'ble supreme court while dealing with the provisions of the bhopal gas leak disaster and directing the government to give interim relief to the victims as a measure in articulate premise from the spirit of the act, declared this approach to the interpretation of the act as constructive intuition which in the opinion of the court was a permissible mode of viewing the acts of the parliament. ..... the tribunal has to examine the cumulative impact of the object of the act of 1986, the rules of 1986 and the regulations of 2006 while considering the ambit, scope and meaning of an entry existing in the schedule to the regulations of 2006. 13. ..... j- 11013/41/2006-ia.ii(i) dated 27th june, 2013 decided that directions under section 5 of the environment (protection) act, 1986 shall be issued to the project proponent in respect of the violations committed by them inter-alia including production shall be stopped for the operation of an unit without a valid environmental clearance as required under the provisions of the eia notification, 2006. ..... during the course of the meeting on 19th - 20th december, 2013, the representative of the company was informed that no adverse stand would be taken against the appellant as the committee was of the view that there was a conflict of the opinion regarding inclusion of 'stand alone' iron ore pellet plant under entry 3(a) of schedule to the regulations of 2006. .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... schedule, before any construction work, or preparation of land by the project management except for securing the land, is started on the project or activity: i) all new projects or activities listed in the schedule to this notification; ii) expansion and modernization of existing projects or activities listed in the schedule to this notification with addition of capacity beyond the limits specified for the concerned sector, that is, projects or activities which cross the threshold limits given in the schedule, after expansion or modernization iii) any change in product mix in an existing ..... respondent no.2-chhattisgarh environment conservation board (cecb), has filed a reply mainly taking the stand that the moef after examining all the aspects of the matter had come to the conclusion that no public hearing/consultation was required as per clause-7(ii) of the eia notification, 2006, as the proposal was one for expansion of the proposed unit in the same campus. ..... the court also noted that apart from the constitutional mandate to protect and improve the environment, there are plenty of post-independence legislations on the subject, namely, the water (prevention and control of pollution) act, 1974, the air (prevention and control of pollution) act, 1981 and the environment protection act, 1986. .....
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