Court : Patna
..... likely process-hazards, including hazard likely to occur during handling, storage and transportation of the chemicals; and(xi) provisions of the wild-life (protection) act, 1972 and the environment (protection) act, 1986.34. the guidelines also say that the criteria for relocation of existing unit would be when the board has compelling reasons to ..... the ground that these run contrary to the provisions of the environment protection act. the environment protection act is a general act while air act and water act are special acts. these two acts would not be superseded by provisions contained in the general act. the law on this point is very clear. the law says ..... apply. challenging the scheme dated 8th november, 2003, (annexure-a) it is submitted that section 3(2)(v) of the environment (protection) act, 1986 (in short 'environment act') authorises the central government to put restriction of areas in which any industries, operations or processes or class of industries, operations or processes .....
Tag this Judgment!Court : Patna
..... i, but keeping in view of the object of the act to provide for the protection of the wild animals, bears and plants and for matters connected therewith or ancillary or incidental thereto, the applicability of the act is not precluded with respect to the african lion, about which nobody can dispute, is a wild life.13. this court finds substance in the submissions of the ..... association v. union of india]. the parliament by its constitution (forty-second amendment) act, 1976, inserted article 48a in part iv of the constitution as directive principles of state policy, which provides that the state shall endeavour to protect and improved the environment and to safeguard the forests and wild life of the country.19. thus, in my opinion, even otherwise in all fairness .....
Tag this Judgment!Court : Patna
..... confronted with the fact, notwithstanding that there may have been a declaration of a forest, which the petitioner contends there is not any, the area has been notified under the wild life (protection) act, 1972. this aspect is not denied. in so far as the declaration of a reserved forest is concerned, on behalf of the state it is contended that an area corresponding ..... -diversity areas.13. now coming to the aspect of the declaration which was made under the wild life (protection) act, 1972.14. this cannot be made an issue if the area was a reserved forest long years ago in 1946 or in 1952. the wild life (protection) act, 1972 came much later. the act cannot be seen in isolation. the fundamental duties in the constitution on environment and ecology .....
Tag this Judgment!Court : Bihar State Consumer Disputes Redressal Commission SCDRC Patna
..... the complaint in respect of the policy in question, which according to them, had lapsed prior to the death of the life assured. it may be pointed out that the word consumer as defined in the consumer protection act also includes a beneficiary and perhaps it is due to this that the l.i.c. paid the amount concerning the ..... commission has no jurisdiction to entertain the instant complaint. a perusal of the definition of the word service as given in section 2(1)(o) of the consumer protection act would leave no room for doubt that facilities in connection with insurance can also be subject-matter of dispute before the consumer forum and that being so, there is ..... that the complaint is not maintainable and the complainant being nominee is not a consumer in terms of the consumer protection act and hence she cannot maintain the complaint in respect of policy, which lapsed prior to the death of the life assured. the policy in question was for a sum of rs. 50,000/- with double accidental benefit and .....
Tag this Judgment!Court : Patna
..... entitled only to a share of the produce and was not proprietor of the soil; the share was payable to him as a price for the protection he afforded to the life, liberty and property of the subjects. at page 7 of the book, sri s.c. mitra has quoted a useful passage by sri charles ..... agricultural, educational or charitable purposes. such illustrations were clearly for helping the raiyats so that they may be protected from eviction on the grounds permissible under section 25 of the act. there is no provision in the act illustrating what use of the land shall definitely render it unfit for the purposes of the tenancy. sub-section ..... average politician has not apparently fully appreciated its implications. the power was however expressly conferred by the constitution and the constitution went further in enabling courts to act, as it were, in a supervisory capacity over the legislatures, enabling them to judge whether legislation was in certain circumstances reasonable in the general interests of .....
Tag this Judgment!Court : Patna
..... ) leather(xii) aquaculture,(xiii) poultry farming, meat processing etc. animal husbandry based,(xiv) industries based on recycling of garbage and eco-friendly raw materials.(xv) environmental protection industries,(xvi) commercial/industrial forestation,(xvii) health services,(xviii) food & food processing, milk & cow processingfruits & vegetable processing, tissue culture processing, seeds processing organic processing ..... -12-1995 - in exercise of power conferred by the clause (b) of sub-section (3) of section 7 of the bihar finance act, 1981 (bihar act-5 of 1981) part-i, the governor of bihar is pleased to specify that such new industrial units which commerce their production between 1 ..... )(a) the concerned circle in-charge will cause an enquiry on the facts mentioned in the application under the relevant provisions of the bihar finance act, 1981;(b) the concerned circle incharge either himself or through other competent authority will cause local inspection & enquiry made as he thinks fit & .....
Tag this Judgment!Court : Patna
..... officials/staff engaged in search and seizure operation of being guilty of violation of human rights, without affording them an opportunity of hearing. section 16 of the protection of human rights act, 1993 prohibits passing of an order by the commission which may prejudicially injure the reputation of a person without providing a reasonable opportunity of being heard in ..... 19. the term human rights has been defined in section 2(d) of 1993 act as the right relating to life, liberty, quality and dignity of the individual granted by the constitution as provided in part iii of the constitution and as embodied in international covenants. the ..... treatment or punishment and went on to the extent of stating that no exception to article 3 can be made even in the event of public emergency threatening the life of the nation. the human rights belong to all of us equally and would apply no less to an intruder of law, as to a law enforcing agency. .....
Tag this Judgment!Court : Patna
..... 51a provides inter alia to protect and improve the natural environment including forest, lakes, rivers wild life and to have compassion of living creatures. the aforesaid provisions were brought in the constitution with a view to protect the forests and other natural resources from destruction. the parliament has also enacted in 1980 forest conservation act for the purpose of conservation of the ..... of india by 42nd amendment act, 1976 under directive principles. the saidprovisions have been enacted casting a constitutional duty on the state and the citizens to protect and improve the forests and other natural resources of the country. article 48a provides that the state shall endeavour to protect and improve the environment and safe guard the forests and wild life of the country and article .....
Tag this Judgment!Court : Patna
..... forest in question. in the larger national interests of preservation of the forests and the wild life i find myself completely to issue any direction for the release of the land in favour of ..... act. i am, therefore, unable to issue any direction for the release of the land on the basis of the letter of the additional under secretary to the government. moreover, this court cannot lose sight of the fact that during the past half a century over which this proceeding is spread, a wild life sanctuary has been established in the protected ..... interests over an area of 543.27 acres of land which along with other lands were notified under section 29 of the indian forest act, 1927 (hereinafter referred to as 'the act') as 'protected forest.2. this case has a chequered history which goes back almost 50 years. the controversy relates to the petitioner's claim of .....
Tag this Judgment!Court : Patna
..... plants, horticultural crops or medical plants:(b) any purpose other than re-afforestation.but does not include any work relating or ancillary to conservation, development and management of forests and wild life, namely, the establishment of check-posts, fire lines, wire less communications and construction of fencing, bridges and culverts, dams, waterholes, trench marks, boundary marks, pipelines or other like purposes.mere ..... the then government of bengal vide its notification no. 4844 dated 2.11.1894 declared all the unsettled govt. land as protected forest under the provisions of the indian forest act, 1878. pursuant thereto the land, in question, was declared as protected forest by the forest department and the said notification still holds the field. report of survey settlement operation as well as .....
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