Court : Andhra Pradesh
Decided on : Jul-30-2001
Reported in : 2001(5)ALT315
..... habitations and their maintenances by providing sufficient number of vents for the roads existing at the time of notification of kolleru wild life sanctuary u/s 18 of wild life (protection) act, 1972 without permitting new roads and culverts;(7) right to maintain existing water courses and drains necessary to avert submersion ..... of notification, fishing in traditional method is permitted without causing environment hazard till the government acquires such private lands under the provisions of the wild life protection act. the right to do traditional agriculture without using pesticides and chemicals is also permitted. the encroachment activities are directed to be removed forthwith. ..... society, sanjaya gandi fishermen co-operative society, srungavarappadu of krishna district will be cancelled. the claimants are not entitled to any compensation under wild life (protection) act, 1972 as they were assigned the lands by the government on free of land value;(11) d-form pattas to the extent of ac .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jul-26-2001
Reported in : 2002(1)ALD728; 2002(3)ALT57
..... policy under part iv directs the state to protect and improve the environment and to safeguard the forests and wild life of the country. article 51a(g) imposes a duty on every citizen of india to protect and improve the natural environment including forests, lakes, rivers and wild life and to have compassion for living creatures. though ..... and cognate expressions shall include horticulture.7. it is not in dispute that within the coastal regulation zone or within the area notified under the wildlife protection act, 1972, shrimp/prawn culture as also other types of aquaculture, are prohibited. as most of the lands of the writ petitioners herein are situated ..... that the state is under a constitutional obligation to ensure the enforcement of the citizens right to pollution free environment under the existing legislations like the environmental protection act and the coastal zone regulations.42. the apex court in s. jagannadh's case (supra) directed: 5. the farmers who are operating traditional .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jun-15-2001
Reported in : 2001(4)ALT275
..... bear in mind the provisions of article 48-a which were inserted by constitution (42nd amendment) act in the year 1977 which states: 'the state shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country'. article 51-a(g) occurring in chapter iv-a of the constitution ..... provides 'it shall be the duty of every citizen of india to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures'. water (prevention and control of pollution) act, 1974 has been acclaimed as ushering in a new environment era. the air ( ..... prevention and control of pollution) act, 1981 has been enacted with a view to give effect to .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Apr-27-2001
Reported in : 2001(5)ALD277; 2002(1)ALT159
..... it would have been payable under this act if such prospecting or mining operations had been undertaken by a private person under prospecting licence or mining lease. 29. article 48-a of the constitution of india reads thus:48-a. protection and improvement of environment and safeguarding of forests and wild life :--the state shall endeavour to protect and improve the environment and to safeguard ..... the forests and wild life of the country.in t. damodhar rao v. special officer, municipal corporation, : air1987ap171 , relying on 'rascoc pound' and .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jul-20-2001
Reported in : 2002(2)ALT193
..... respondent authorities, in general, are directed to discharge their respective duties and functions under the environment (protection) act, 1986, air (prevention, control ofpollution) act, 1981, water (prevention, control of pollution) act, 1974 and the hyderabad metropolitan water supply and sewerage act, 1989 strictly in accordance with the provisions of those statutes; (v) it is further directed ..... to chapter 2 of the plan states :'it is an obligation of each generation to maintain the productive capacity of land, air, water and wild life in a manner which leaves its successors some choice in the creation of a healthy environment. the physical environment is a dynamic complex and interconnected ..... and the man-made, are essential to his well being and to the enjoyment of basic human rights - even the right to life itself. 2. the protection and improvement of the human environment is a major issue which affects the well being of peoples and economic development throughout the world: it .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-10-2001
Reported in : 2002(1)ALD136; 2002(2)ALT356
..... of articles 48a and 51a(g) of the constitution of india. both these articles oblige every citizen and state to protect and improve the nature and environment, including forests, lakes, rivers and wild life. it is no longer res integra that right to pure drinking water is fundamental right under article 21 of, the ..... over the decisions taken by the government or statutory boards under various enactments dealing with environment like municipal laws, panchayat laws, air act, environment protection act and water act. the court has power of judicial review to scrutinise all the decisions of the pubic authorities including the matters relating to pollution control and ..... of sewage without the consent of the pollution control board. therefore, even for municipalities, the water act applies and they should adhere to the provisions of the water act, air act, environment protection act as well as municipalities act.38. under sub-rule (3-a) of rule 3 of the environment rules every person including .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jun-21-2001
Reported in : AIR2001AP460; 2001(5)ALT307
..... municipal solid wastes (management & handling) rules, 1999 issued by the central government in terms of the provisions of sections 3, 6 and 25 of the environment (protection) act, 1986.14. we, therefore, dispose of the writ petition with the following directions : .1. respondent no.3 corporation shall not dump the garbage in the park ..... as originally notified, may adversely affect the ecological balance and bio-diversity of that area. it would, therefore, be proper and safer to apply the 'principle of protection' and the 'principle of polluter pays' keeping in mind the principle of 'sustainable development' and the principle of inter-generation equity.13. further, we are of ..... opinion, was not commensurate with the professed policy decision of the state and the municipality.11. further, referring to section 63 of the west bengal municipal act, 1993, it was observed ;the obligatory functions leave no manner of doubt that the park being a property, having vested in the municipality, it has the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jun-22-2001
Reported in : 2001(4)ALT483
..... not directed to run concurrently.3. although the provisions of code of criminal procedure, 1974 are not expressly made applicable to the proceedings under the consumer protection act, 1986, having regard to the provisions contained in subsection (2) of section 4 of the code of criminal procedure, the procedural provisions therein shall ..... ; (1) when a person already undergoing a sentence of imprisonment is sentenced on a subsequent conviction to imprisonment or imprisonment for life, such imprisonment or imprisonment for life shall commence at the expiration of the imprisonment to which he has been previously sentenced, unless the court directs that the subsequent ..... (1) when a person already undergoing a sentence of imprisonment is sentenced on a subsequent conviction to imprisonment or imprisonment for life, such imprisonment or imprisonment for life shall commence at the expiration of the imprisonment to which he has been previously sentenced, unless the court directs that the subsequent .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-30-2001
Reported in : 2002(2)ALD78
..... court.12. the question as to whether the expression 'other legal proceedings' would include prosecution may now be considered. section 446 of the act has been enacted for the purpose of protection of the assets of the company. by reason of the said provision, the personal criminal misconduct on the part of the company or its ..... pronouncement on the question.5. mr. adinarayana rao, learned counsel on behalf of the applicant would contend that the provisions contained in section 446 of the companies act must be given widest interpretation. the learned counsel would contend that as official liquidator is an officer of the court, it was incumbent upon the complainant to ..... directors is not saved.13. we may notice that even section 22 of the sick industrial companies (special provisions) act, 1985 provides for stay of suit .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-28-2001
Reported in : 2001(3)ALD436
..... jurisprudence followed in india unless otherwise provided for in any statute every person is presumed to be innocent unless convicted. section 54 of the evidence act seeks to put a protection to an accused of being put in the category ofa person having bad character except in the circumstances mentioned therein so that even in a case ..... live, so long as they are here, with human dignity, just as the state is under an obligation to protect the life of every citizen in this country, so also the state is under an obligation to protect the life of the persons who are not citizens'.10. as regards violence against and, dignity of, women the apex ..... court has laid down several criteria which militate against the contention of the petitioner. in bharwada bhagibhai hrijibai v. state of gujarat, : 1983crilj1096 , the apex court held that refusal to act on the testimony .....
Tag this Judgment!