Court : National Green Tribunal Principal Bench New Delhi
..... environment. the constitution of india, in terms of article 48a, mandates that the state is under a constitutional obligation to protect and improve the environment and to safeguard the forest and wild life in the country. by 42nd amendment to the constitution, the parliament, with an object of sensitizing the citizens of their ..... duty, incorporated article 51a in the constitution, inter alia, requiring a citizen to protect and improve the natural environment including the forests, lakes, rivers and wild life and to have a compassion for living creatures. the legislative intent and spirit under articles 48a and 51a(g) of ..... the constitution find their place in the definition of environment under the environment (protection) act, 1986 (for short the act of 1986). the legislature enacted various .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... notice for achieving the objectives of various conventions including convention on biological diversity (cbd) and also for proper implementation of iucn, cites etc., and the provisions of the wild life (protection) act, bio-diversity act, forest conservation act etc. in the light of articles 48a and 51a(g), the government of india has laid down various policies and action plans such as the national forest policy ..... hon'ble supreme court in sansar chand v. state of rajasthan, (2010) 10 scc 604 held that "all efforts must be made to implement the spirit and provisions of the wild life (protection) act, 1972; the provisions of which are salutary and are necessary to be implemented to maintain ecological chain and balance. the stockholm declaration, the declaration of united nations, conventions on human .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... no.1 is a registered society and claims to be at the forefront in environment campaigns in goa working not just towards conserving and protecting the ecology of western ghats but also towards demanding additional protection, including declaration of wild life sanctuary as a tiger reserve. the said applicant claims to be a member of moef national committee on identifying parameters for designating ecologically ..... consent/environmental clearance or noc or permission under the environment protection act, 1986, the water (prevention and control of pollution) act, 1974, the air (prevention and control of pollution) act, 1981, the forest conservation act, 1980 or the biological diversity act, 2002, (for short the environment act , the water act , the air act , the forest act and the bio-diversity act respectively) within the western ghat areas, particularly in relation to .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... proposed to be prohibited or restricted. (viii) proximity to a protected area under the ancient monuments and archaeological sites and remains act, 1958 or a sanctuary, national park, game reserve or closed area notified as such under the wild life (protection) act, 1972 or places protected under any treaty, agreement or convention with any other country or ..... countries or in pursuance of any decision made in any international conference association or other body. (ix) proximity to human settlements. (x) any other factor as may be considered by the central government to be relevant to the protection ..... in state of goa, it is found that in 42 ec approvals, no condition as regard to wild life has been stipulated in the eco sensitive zone, though many leases falls within 10 kms. from protected areas (16 ec approvals before 4.12.2006 and 25 ec approvals after 4.12.2006 for 50 .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... environment. the constitution of india, in terms of article 48a, mandates that the state is under a constitutional obligation to protect and improve the environment and to safeguard the forest and wild life in the country. by 42nd amendment to the constitution, the parliament, with an object of sensitizing the citizens of their ..... duty, incorporated article 51a in the constitution, inter alia, requiring a citizen to protect and improve the natural environment including the forests, lakes, rivers and wild life and to have a compassion for living creatures. the legislative intent and spirit under articles 48a and 51a(g) of ..... the constitution find their place in the definition of environment under the environment (protection) act, 1986 (for short the act of 1986). the legislature enacted various .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... jurisdiction to this tribunal only in respect of specified areas covered by the seven (7) enactments mentioned in schedule-i appended with the act. the schedule-i does not include the wild life (protection) act. this tribunal has no jurisdiction to deal with the question as to whether the tcp is properly and correctly demarcated or declared or that ..... . the competent authority namely, n.t.c.a. held that the proposed mining activity falls within the linkage/corridor of radhanagari and chandoli national park and radhanagari wild life sanctuary. on such a ground, the application of appellant i.e. applicant herein was rejected. 5. the applicant has come out with a case that the directions ..... desired to know whether any part of the mining area comes within the tiger reserve or corridor or otherwise and whether the mine area is affected by the wild life sanctuary/national park etc. in pursuance to directions of the honble supreme court in s.l.p. no.12351 of 2010, the state of maharashtra notified .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... act, 1890; section 15 of the bombay rent act, 1947; section 213 of the succession act, 1925; section 5-a of the prevention of corruption act, 1947; section 7 of the stamp act, 1899; section 108 of the companies act, 1965; section 20(1) of the prevention of food adulteration act, 1954; section 55 of the wild life protection act ..... , 1972 (as amended in 1956); section 10a of medical council act ..... processes or class of industries, operations and processes shall not be carried out or shall be carried out subject to certain safeguards under the environment (protection) act, 1986; ********* may, within a period of thirty days from the date on which the order or decision or direction or determination is communicated .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... act, 1890; section 15 of the bombay rent act, 1947; section 213 of the succession act, 1925; section 5-a of the prevention of corruption act, 1947; section 7 of the stamp act, 1899; section 108 of the companies act, 1965; section 20(1) of the prevention of food adulteration act, 1954; section 55 of the wild life protection act ..... , 1972 (as amended in 1956); section 10a of medical council act ..... processes or class of industries, operations and processes shall not be carried out or shall be carried out subject to certain safeguards under the environment (protection) act, 1986; ********* may, within a period of thirty days from the date on which the order or decision or direction or determination is communicated .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... case there are any illegal mining or operation of stone crushing units contrary to the orders of the hon'ble supreme court or the notifications/regulations issued under the environment (protection) act, 1986 and the rules framed thereunder, the applicant would be at liberty to approach this tribunal. 6. accordingly, this petition stands disposed of. learned counsel for the respondent no. 4 ..... of the persons residing in the residential area and to the government post graduate college and also that it is causing pollution and affecting various nearby tourist places including sariska wild life sanctuary as also that it lies within the aravali belt of district alwar and as such the aforesaid activities which are contrary to the law, regulations and rules as also .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... 5. the moef would also refer to the standing committee of the national board for wildlife, under sections 5-b and 5-c (2) of the wildlife (protection) act, the cases where environment clearance has already been granted where activities are within 10 km zone." 18. in fact, it was based on this decision, the interim ..... conserve the forest/wild life and environment and that there was no direction 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 ..... into account various factors mentioned in sub rule (1), follows the procedure laid down in sub rule (3) and issues a notification under rule 5 of environment protection act, prohibiting mining operations in a certain area, there can be no prohibition under law to carry on mining activity beyond 1 km of the boundaries of national parks .....
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