Court : National Green Tribunal Principal Bench New Delhi
..... and validity 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 application ..... as already noticed, the applicant is a registered society under the society registration act, 1860. ..... all through, the society has opposed the establishment of the project at the site in question for various reasons and having failed to get redressal of its grievances at various administrative or executive levels, they approach the tribunal by institution of the present application. 4. ..... inconvenience of some should be bypassed for a larger interest or cause of the society. ..... laconic result of collective reading of the master plan, the development authority act and other relevant notifications is that the development authority, nagar nigam, the pollution control board and their respective officers have no power to vary the land use and places prescribed in the master plan, except by amending the plan in accordance with law, that too for a proper object and purpose. .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... 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 mw imported coal base thermal power plant, at udupi in the district of ..... the main relief sought by the appellant in the said writ application is as follows:- i) to issue a writ of mandamus or any other writ, order or direction in the nature of mandamus and declare the environment clearance order no.j-13011/23/96-ia-ii (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 ..... parikh learned counsel for 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 ..... on the basis of a further application filed by the respondent no.4, the moef amended the earlier ec on 25th january, 1999 and 9th september, 2009 respectively, permitting enhancement of the capacity of the said thermal power plant to 2x507.5 mw and subsequently to ..... section-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 order. .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... on 12/11/2010, government of kerala after evaluating the comprehensive developmental impact which this airport project will bring to the state of kerala were pleased to give direction to the district collector to initiate every action to commence the construction of the project including the registration of the land in the name of this respondent and based on this district collector has given direction to the additional tahsildar, kozhencherry for mutating the property in the companys name. ..... 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 ..... a duty is cast upon the eac to strike a balance between the development on one side and ecology and environment on the other, thereby ensuring larger interest of the society of the state. ..... zion charitable society and reclaimed by him in violation of kerala land utilisation order, 1967, kerala conservation of paddy land and wetland act, 2008 and kerala land conservancy act, 1957. .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... the present-day society afford to have such a state and allow the nature to have its toll in future - the answer shall have to be in the negative : the present day society has a responsibility towards the posterity for their proper growth and development so as to allow the posterity to breathe normally and live in a cleaner environment and have a consequent fuller development : time has now come therefore, to check and control the degradation of the environment and since the law courts also have a duty towards the society ..... for its proper growth and further development and more so by reason of definite legislations in regard thereto as noted hereinafter, it is a plain exercise of the judicial power to see that there is no such degradation of the society and there ought not to be any hesitation in regard thereto. 31. ..... , pending detailed scrutiny of each of these 139 cases, including that of yours, and taking an appropriate decision thereon in each case, after following due procedure, it is hereby directed under section 5 of the environment (protection) act, 1986 that the environment clearance accorded in respect of each of these 139 cases by moef be kept in abeyance with immediate effect and until further orders. ..... council of medical education and registration of u.k. v. .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... 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 bearing survey 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. ..... it also aids the appellate or 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. ..... 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. ..... the question of the area falling under the jurisdiction of the captain of ports under the indian ports act, 1908 as well as gczma having no jurisdiction was raised before the said authority and has also been raised before us. .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... the minister for (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. ..... 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 minerals, namely sand. ..... the collector may act as co-ordinator over auctioning process and controller for the activities, so also for the purpose of collecting the revenue after 'e' auction sale of the sand so extracted. ..... 3 of the environment (protection) act 1986 and rule 5(d) of the environment (protection) rules 1986, the ministry of environment and finance (moef)-respondent no.8 issued crz notification dated february 19th, 1991 declaring some coastal stretches of seas, bays, estuaries creeks, rivers and backwater as coastal regulation zones (crz) for the purpose of controlling certain categories of activities within the said area. ..... the coastal areas at 48 places in the state of maharashtra with demarcation/identification of the limits under the indian ports act, 1908, have been notified. .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... "in our considered opinion, therefore, the principle of constructive "res-judicata" cannot be made applicable in each and every public interest litigation, irrespective of the nature of litigation itself and its impact on the society and larger public interest which is being served. ..... moreover, the application is not supported by documents to show enrolment of the workers and the registration of the union. ..... the recommendations of 'neeri' and cgwb shall be complied with by the respondent nos.2, 2a and 2b which shall be regularly monitored by the mpcb (iv) the mpcb shall give appropriate directions to the respondent nos.2, 2a and 2b in case zero discharge status is not achieved within period of three (3) months hereafter, including directions under section 33 of the water (prevention of pollution) act, 1980. ..... however, it may be noted that they have not filed a composite copy of the original pleadings alongwith amendment of the pleadings and the comprehensive application in the format as per rule 10 of the national green tribunal (practice and procedure) act 2011. 3. ..... industry shall maintain and operate your effluent treatment plant to the fullest capacity and efficiently so as to achieve the standards laid down under the provisions of the environment (protection) act, 1986 and rules made thereunder. (e). .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... the hlwg was also tasked with the mandate to take a holistic view of the issue and to bring synergy between protection of environment and biodiversity and the imperatives of equity for the indigenous residents of the western ghats area, particularly the disadvantaged sections of society, so that their rightful aspirations for inclusive growth and sustainable development are also protected and addressed. ..... however, the respondents did not dispute various licenses/certificates of registration issued by the local authorities, pollution control board and the state government from time to time annexed to appeal at annexure a-1 collectively except branding those licenses/certificates of registration as invalid for want of prior ec as directed by the honble supreme court in deepak kumars case (supra). 7. ..... the appellant added that the first respondent being a regulatory authority under sub-section 3 of section 3 of environment (protection) act, 1986, is under an obligation to duly consider the application for grant of ec, but the respondents have conveniently avoided the actual legal implications arising out of wgeep report and high level working group (hlwg/also called the kasturirangan report) coupled with the orders passed by the honble supreme court and this tribunal in the matter above mentioned. .....
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