Court : Supreme Court of India
Decided on : Dec-11-1996
Reported in : AIR1997SC811; 1997(1)Crimes189(SC); JT1997(1)SC160; 1997(5)SCALE406; (1997)2SCC87; [1996]Supp9SCR848
..... statutory provisions which require them to obtain the necessary consent/authorisation from the concerned pollution control boards.39. there are other legislations like fisheries act, 1897, wild life protection act, 1972 and forest conservation act, 1980 which contain useful provisions for environment protection and pollution control. unfortunately, the authorities responsible for the implementation of various statutory provisions are wholly re-miss in the performance of their duties ..... country'. article 51a of the constitution imposes as one of the fundamental duties on every citizen, the duty to protect and improve the natural environment including forests, lakes, rivers and wild life and to have compassion for living creatures. the environment (protection) act, 1986 (the act) was enacted as a result of the decisions taken at the united nations conference on the human environment held at .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-10-1996
Reported in : 1996VAD(SC)94; AIR1996SC2040; JT1996(5)SC181; 1996(4)SCALE566; (1996)8SCC599; [1996]Supp2SCR697; 1996(2)LC414(SC)
..... chief conservator of forests (w.l.), madhya pradesh, bhopal. sub : extraction of forest produce from-national parks and sanctuaries consequent to the amendment of the wild-life (protection) act. ref. : this departments notification of even no. dated 13th dec. 1994. the following order is being circulated by the state government partly modifying its ..... around the boundaries thereof with the avowed object of maintenance of their traditional rights. the petitioner contends that this act of the state government is ultra-vires the provisions of the wild life (protection) act, 1972, as well as the petitioner's fundamental rights guaranteed by articles 14 and 21 of the constitution ..... a sanctuary and national park under section 18 and section 35, respectively, of the wild life (protection) act, 1972 can be exploited for the collection of minor forest produce in violation of the restrictions contained in the said act ?and(ii) whether the state government has the right to exploit minor forest produce .....
Tag this Judgment!Court : Delhi
Decided on : Sep-30-1996
Reported in : 70(1997)DLT401
..... was passed in the following terms : 'we have seen the hindi version of the notification published on 30th september, 1991 and found that chapter v-a of the wild life (protection) act, 1972, as amended up to 2nd october, 1991, came into force with effect from 2nd october, 1991 and the business in imported ivory can be carried only till ..... a free trade. in 1986, the trade in ivory imported into india was brought under the provisions of the wild life (protection) act, 1972 (in short referred to as 'the act') and in accordance with. the provisions of section 44 of the act, no person could carry on or commence business in articles made of ivory imported into india unless a license ..... earlier notification so as to read accept sections 13,22,26 30(ii) and 39 insofar as its provisions relate to clause c of new section 55 substituted in wild life (protection) amendment act, 1972 (53) 1972' in place of the words 'except sections 33a, 44(ii)(o), 55c, chapter iiia and chapter va'. the effect of the issue .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-28-1996
Reported in : AIR1996SC2715; JT1996(7)SC375; 1995(5)SCALE592; (1996)5SCC647; [1996]Supp5SCR241
..... an industry, process or operation 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 factors as may be considered by the central government to be relevant to the protection of the environment in .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-12-1996
Reported in : AIR1997SC1228; JT1997(10)SC377; 1996(9)SCALE269; (1997)2SCC267; [1996]Supp9SCR982; 1997(1)LC290(SC)
..... or fell and remove diseased or dry standing timber from areas other than those notified under section 18 or section 35 of the wild life protection act, 1972 or any other act banning such felling or removal of trees.3. for this purpose, the state government is to constitute an expert committee comprising a representative ..... remove fallen trees or fell and remove diseased or dry standing timber, and that only from areas other than those notified under the jammu & kashmir wild life protection act, 1978 or any other law banning such felling or removal of trees.3. for this purpose, the state government will constitute an expert committee comprising ..... : must be understood according to its dictionary meaning. this description covers all statutorily recognised forests, whether designated as reserved, protected or otherwise for the purpose of section 2(i) of the forest conservation act. the term 'forest land', occurring in section 2, will not only include 'forest' as understood in the dictionary .....
Tag this Judgment!Court : Gujarat
Decided on : Sep-27-1996
Reported in : (1997)3GLR2129
..... in purported exercise of powers conferred on it under section 18 of the wild life (protection) act, 1972, whereunder the area, limits of which are defined in the schedule annexed to the said notification, was declared to be a wild life sanctuary. in pursuance of the said notification of respondent no. 1, the ..... or unjustified. at the same time, taking into consideration ecological, faunal, floral, geomorphological, natural or zoological significance for the purpose of protection, propagation and developing wild life and its environment, the action of the respondents preserving the area for the said purpose may also not be unjustified, unreasonable or arbitrary. ..... notifications and also not restrained the respondents in any manner from having a wild life sanctuary, but the tribals who were residing in the area of the villages covered under those notifications were given necessary protection. their dispossession from the villages was deferred or postponed without making alternative provisions .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-11-1996
Reported in : 1996(4)BomCR209; (1996)98BOMLR159
..... that the enquiry was basically under the wild life (protection) act, 1972, the status of the land for which it is required was more important i.e. the utility of the land on the count of ecological, faunal ..... the operation of the provisions of section 21 of the wild life (protection) act. in the said proceedings, the sub-divisional officer observed that from august, 1975, the claimant was carrying on quarrying operations from an area admeasuring 60 acres and ..... the order passed by the sub-divisional officer, bombay suburban district on 12th february, 1992 in the proceedings under sections 19, 21, 23 and 24 of the wild life (protection) act, 1972. those proceedings were initiated in 1992. in that case, k.d. and company has claimed deletion of his land from survey no. 345-a from .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-28-1996
Reported in : 1996VIIAD(SC)737; AIR1997SC1441; 1997(2)ALD(Cri)386; 1997CriLJ353; 1996(4)Crimes125(SC); JT1996(9)SC551; 1996(7)SCALE840; (1996)11SCC606
..... final report that no offence was made out under section 429 ipc would not bar the initiation of another proceeding under section 51(1) read with 51 of wild life protection act.18. mr. jadhav has also referred to the decision of this court in v.k. agarwal, assistant collector of customs versus vasantaraj : 1988crilj1106 . in ..... the provision of section 403 cr. pc is much wider in its scope and ambit than the principle of protection against double jeopardy guaranteed under article 20(2) of the constitution of india. the protection against double jeopardy prohibits second trial for the same offence. but bar of a second trial under section 403 ..... false panchnama and misappropriated the remaining 9. although in the first trial before the learned special judge no charge for offences under customs act, gold control act or foreign exchange regulation act was brought against the appellants but after obtaining necessary sanction, such charges could also have been brought against the appellants in the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-18-1996
Reported in : 1996IIIAD(SC)641; JT1996(4)SC263; 1996(3)SCALE579; (1996)5SCC281; [1996]Supp1SCR507
..... is necessary. it is with a view tp 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 ar.d notification issued thereunder contain ..... provisions which prohibit and/or regulate certain activities with a view to protect and preserve the environment. when a ..... that developmental activity is sought to be regulated.32. the main notification was issued under sections 3(1) and 3(2)(v) of the environment protection act, presumably after a lot of study had been undertaken by the government. that such at study had taken place is evident from the bare perusal .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-05-1996
Reported in : (1997)99BOMLR434
..... the nature for its own sake.7. article 48-a in part iv(directive principles) brought by the constitution 42nd amendment act, 1976, enjoins that, the state shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country. article 47 further imposes the duty on the state to improve public health as its primary duty. article ..... in planning for economic development.18. our parliament has also enacted environment (protection) act, 1986, for the purpose of protecting and improving our environment. the act is clearly in harmony with our constitutional provisions which not only the amenities of the state to protect and improve environment and to safeguard the forests and wild life of the country but also held it to be the duty of .....
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