Court : National Green Tribunal Principal Bench New Delhi
..... 47, 48-a, 51-a(g) and came to the conclusion that it is the duty of the state to protect and preserve the ecology, as article 21 of the constitution guarantees protection of life and personal liberty and every person has a right to pollution free atmosphere. therefore, the precautionary principle has to be adopted ..... has be reiterated in the case of tripur dyeing factory owners association v/s noyyal river ayacutdars protection association and ors. air 2010 sc 3645 23. there is no quarrel to the legal proposition that if a particular act has to be done by a statutory authority, the same has to be done only in ..... environmental ramification, including the problem of obnoxious / foul smell / odour associated with such other hazards. the precautionary principle as enunciated under section-20 of the ngt act vis- -vis the authoritative pronouncement of the honble supreme court, (supra) requires and mandates that the moef should prescribe criterias which are workable, unambiguous and not vague .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... very apt to note the relevant provisions of the constitution of india which reads as under: article 48a protection and improvement of environment and safeguarding of forests and wild life: the state shall endeavor to protect and improve the environment and to safeguard the forests and wildlife of the country. article 51a - fundamental ..... a state pollution control board or a: pollution control committee or a local authority, or any environmental authority constituted or established under the environmental (protection) act, 1986 (29 of 1986) or any other law for the time being in force: provided that where all the legal representatives of the deceased ..... government of uttarakhand in august, 2007 and january, 2008 submitted two separate proposals to obtain prior approval of central government under the forest (conservation) act, 1980 for diversion of forest land for construction kotlibhel 1a and kotlibhel 1b hydropower projects respectively. 3. the fac constituted by the central government in .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... very apt to note the relevant provisions of the constitution of india which reads as under: article 48a protection and improvement of environment and safeguarding of forests and wild life: the state shall endeavor to protect and improve the environment and to safeguard the forests and wildlife of the country. article 51a - fundamental ..... or a state pollution control board or a: pollution control committee or a local authority, or any environmental authority constituted or established under the environmental (protection) act, 1986 (29 of 1986) or any other law for the time being in force: provided that where all the legal representatives of the deceased ..... the principles of sustainable development, the precautionary principle and the polluter pay principle. a combined reading of the preamble and section 20 of the ngt act, 2010 would reveal that this tribunal has got vast jurisdiction to decide the environmental disputes such as enforcement of legal rights relating to environment, compensation .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... developing countries. the honble court noticed that article 21 of the constitution of india guarantees protection of life and personal liberty. the court also noticed that article 48a of the constitution cast a duty on the state to protect and improve the environment and safeguard the forests and wild life of the country, article 51 a(g) of the constitution spells out duty of citizens ..... forests, lakes, rivers and wild life, and to have compassion for living creatures. 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. in view of .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... is necessary. it is with a view to protect and preserve the environment and save it for the future generations and to ensure good quality of life that the parliament enacted the anti-pollution laws, namely the water act, air act and the environment (protection) act, 1986. these acts and rules framed and notification issued thereunder contain ..... crusher units existing within the ndz around kaziranga national park. however, they clarify that stone crusher units may not require environment clearance under the environment (protection) act, 1986. by letter dated 31st march, 2011, the wildlife division of the ministry clearly admits that they have no information regarding existence of any ..... wild animals like swamp-deer, wild buffalo, elephants, tigers and gangetic dolphins, it is the only park of its kind with a viable low land grass land-ecosystem in south asia, in exercise of the powers conferred by sub-section(1) and clause(v) of sub-section (2) of section 3 of the environment (protection) act .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... as khan addul gaffar khan road, mumbai under section 18 read with section 14 of the ngt act, 2010, alleging, inter-alia, violation of the noise pollution (regulation and control) rules, 2000 made under the provisions of the environment (protection) act, 1986 by vehicles using multi-tone horns and sirens. it is alleged that the vehicles fitted with ..... the said use of vehicles fitted with sirens having un-specified standards it is alleged, poses significant noise pollution problems to the residents and violates their right to life. a large number of public are also exposed to high levels of noise which has adverse impacts on their health and wellbeing and violates their right to a ..... they have not received any such proposal said to have been sent by respondent no. 3. the said information was communicated to the applicant under the rti act, 2005. 7. the discussions made above thus reveals that no standards so far have been specified for use of sirens and multi-tone horns under the motor vehicles .....
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
..... 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
..... purpose should be preferred. it has also been held by the court that in the case of a social benefit oriented legislation like the consumer protection act, the provisions of the act have to be considered as broadly as possible in favour of the consumer in order to achieve the purpose of the enactment but without doing violence ..... expressions, the significant corollary thereto, is as to how such expressions shall, when appearing in a social legislation, be construed. the air act is a welfare legislation and is intended to protect the citizenry against pollution of air. right to clean environment is now recognised as a fundamental right within the ambit of article 21 of the ..... regulations. such quarrying, however, can be allowed by the respondent-state only at such- places and in such area which do not in any manner endanger human life and if there is any likelihood of danger to any grass or plant. in such cases the state government after satisfying about the requirement of the community at .....
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 .....
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