Court : National Green Tribunal Principal Bench New Delhi
M.S. Nambiar (Judicial Member): 1. The Application is filed under Section 14 of the National Green Tribunal Act seeking directions to the respondents to stop releasing harmful effluent from Simbhaoli Sugar mill and Distillery and Gopal Ji Dairy (Respondents no. 7 and 8 respectively) into Simbhaoli Drain and finally into the River Ganga and also for a direction to the Central Pollution Control Board (Respondent no.3) to assess the pollution done by Respondents 7 and 8 and for restoration of the area and other reliefs by the Applicants, a person and an organization working in the field of environment, jointly. The case of the Applicants is that respondent No. 7 is an industry of Sugar Mills and Distillery, established in 1933 and 1943 respectively. They are now operating three sugar mills and three distilleries in the State of Uttar Pradesh and the total crushing capacity is 20,100 TCD and the unit at Simbhaoli alone is having a crushing capacity of 9,500 TCD and they are discharging unt...
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M.S Nambiar (Judicial Member): 1. This application is for review/modification of the final order dated 03.04.2014 passed in original application no. 58/2013 filed by respondent No. 11/ Noticee no. 34 (M/s Jaypee Infratech Ltd.). By order dated 03.04.2014, the original application was disposed of giving certain directions making it clear that the decision taken by the Ministry of Environment and Forest (MoEF) based on those directions will be subject to the final decision of the Hon'ble Supreme Court. The O.A. was filed praying for a direction against the respondents to prevent illegal and unauthorized construction works undertaken by the developers within a radius of 10 Kms. from the boundary of the Okhla Bird Sanctuary. While the original application was pending, by interim order dated 28.10.2013 based on the order of the Hon'ble Supreme Court dated 04.12.2006 in "Goa Foundation Vs. Union of India". It was held that any new project which is being considered for the purpose of issuance...
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Msw Bareilly Case 1. On 03.01.2005, Respondent No.2, UPPCB granted a no- objection certificate in favor of Respondent No. 4, Municipal Corporation, Bareilly for setting up an integrated mechanical composting plant of 500 t/d capacity at village Razau Paraspur, in an area of 21.20 acres. On 28.03.2013, respondent no. 2 granted authorization to the respondent no. 4 for its MSW Plant at the same site. The said authorization expired on 31.12.2013.On its meeting held on 19.12.2012, State Level Environmental Impact Assessment Authority (SEIAA) agreed with the recommendation of the State Environmental Appraisal Committee (SEAC) and declared that respondent no. 4 was not required to take Environmental Clearance for Municipal Solid Waste Project under EIA Notification of 2006. The validity and correctness of this letter was challenged before this Tribunal in Application No. 86/2013, a petition filed by Rayons-Enlighting Humanity, a society, in Application No. 99/2013 by the Invertis University ...
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1. The Application No.17(THC)/2013 was originally filed as Writ Petition No.153/2010 in the High Court of Bombay, Bench at Goa, which was transferred to this Tribunal vide Hon'ble High Court Order dated 17th October 2013 along with the Writ Petition No. 812 of 2010, which was originally filed in the Hon'ble High Court of Bombay, Bench at Goa, and registered as Application No.20(THC)/2013 with the Tribunal. Both these matters were transferred keeping all the rights and contentions of the parties including question of maintainability of the Applications open. 2. Both these Applications relate to a dispute regarding location of Municipal Solid Waste Disposal site of Mormugao Municipal Council and associated (J) Appln. No.17(THC) of 2013 (WZ)and 20(THC)/2013 (National Green Tribunal, (WZ) Pune activities, and non-compliance of provisions of the Municipal Solid Waste (Management and Handling) Rules, 2000, and Coastal Zone Regulations of 1991. We deem it proper to deal both these matters tog...
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1. Sumaira Abdulali-2nd Applicant in this Application is Managing Trustee of 1st Applicant which is a Non-Governmental Organization (NGO) registered under the Bombay Public Trusts Act. The Applicants claim to be activists in the environmental field. They claim that they have ventilated several issues of public interest in the Hon'ble High Court and Apex Court so as to protest public interest. 2. Originally, the Applicants filed Writ Petition (PIL) No. 138 of 2006 in the Hon'ble Court of Judicature at Bombay. By that petition, they raised issues pertaining to illegal extraction of sand from Sea belt in blatant violation of CRZ Notification of 1991, illegal dredging activities in the coastal and River areas, of the State of Maharashtra, inaction on part of the authorities to control the illegal activities of illegal sand mining/dredging of sand, transportation thereof. 3. By order dated October 11th, 2013, Hon'ble High Court of Judicature, at Bombay was pleased to transfer the Writ Petit...
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M. Chockalingam, Judicial Member) Appeal No. 172 of 2013 (SZ) This appeal has been preferred by the appellant herein against the order of the 1st respondent, Ministry of Environment and Forests (for short MoEF) dated 18.11.2013, granting Environmental Clearance (for short EC) to the 4th respondent, M/s. KGS Aranmula Air Port Ltd., to set up an airport at Mallappuzhasserry, Aranmula and Kidangannur villages in Kozencherry taluk of Pathanamthitta District, Kerala. A writ petition has also been filed in W.P. (C). No. 6004 of 2012 challenging the notification issued by the 2nd respondent, the State of Kerala declaring the area as an industrial area and the said writ petition is still pending before the Honble High Court of Kerala. The brief facts of the appeal filed herein are stated as follows: 2. The proposed airport is being set up by the 4th respondent on the banks of the holy river Pampa, in an ecologically sensitive and environmentally diverse and rich area. Aranmula is a declared he...
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1. This is an Application filed by two Applicants, seeking certain reliefs stated as below: a). œThat the Honble Tribunal be pleased to call the paper in procedure relating to constitution, formulation and particulars about the tree committee and its decision and after perusing the same be pleased to declare that the tree committee itself is illegal and its decision of cutting approx. 3500 trees in the city of Nashik is itself ultra-virus and void ab-initio. b). The mandatory direction to form the proper and legal tree authority, c). The Respondent No.1 and 2 be restrained from implementing the alleged illegal decision of the tree committee for cutting approx. 3500 trees within Nashik. d). That mandatory direction to perform immediate tree-census and audit before cutting any tree be given.? 2. The Respondent Nos. 1 to 4 are the Authorities of Nashik Municipal Corporation. The reply affidavit has been filed on their behalf. According to them the stand taken by Respondent Nos. 1 to...
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
Swatanter Kumar (Chairperson): 1. In the present Appeal, the following short but interesting questions of law and public importance have arisen for consideration of the Tribunal: 2. Whether on its true construction and scope, a pelletization plant would fall under Entry 3(a) (Metallurgical industries) (ferrous and non-ferrous) of the Schedule to the Environmental Clearance Regulations, 2006 (for short 'Regulations of 2006'). 3. Eschew of unnecessary details, the precise facts giving rise to the present Appeal are that the Appellant is a company registered under the Companies Act, 1956 having its Office at Lotus Corporate Park, Western Express Highway, Goregaon East, Mumbai. The company is involved in the business of manufacturing of pellets for the 'stand alone' iron ore pelletization plant in Orissa. The plant is of 0.6 MTPA capacity. The company had applied for 'Consent to Establish' the plant which was granted by the State Pollution Control Board, Orissa (for short 'the Board') on 1...
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Dalip Singh, Judicial Member: 1. This Original Application was originally filed as a Writ Petition No.13851/2009 before the Hon'ble High Court of Rajasthan at Jaipur and subsequently came to be transferred to this Tribunal under the orders dated 23rd September, 2013 of the Hon'ble High Court. 2. On receipt of the case in NGT, Bhopal Bench, notices were issued by this Tribunal vide its order dated 5th December, 2013 and the matter was taken up after service on 27th January, 2014. The Applicant did not appear though the Respondents put in appearance before the Tribunal. To enable the Applicant to appear before the Tribunal the case was adjourned to 18th February, 2014. On 18th February, 2014, the Applicant again failed to appear before this Tribunal and after hearing the learned counsel for the parties, the following order was recorded : - "This petition is originally filed as a Writ Petition before the Hon'ble High Court of Rajasthan. The Applicant had raised the dispute with regard to ...
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Dalip Singh, Judicial Member: 1. M.A. No. 238/2014 has been filed by the Municipal Corporation, Bhopal with the prayer to bring onto record the documents annexed as Annexure 1/A 1 Original Application No. 16/2014 affidavit of the Municipal Commissioner, Annexure 1A/2 the order of the Hon'ble High Court of Madhya Pradesh at Jabalpur in Writ Petition No. 6145/2002 passed on 11th April, 2014 and accompanying petition as well as the order dated 8th May, 2014 in the aforesaid writ petition. 2. The Applicant as well as the learned counsel appearing for the Respondents are unanimous in their submission that the entire matter pertains to the removal of encroachments from the Siddique Hasan Talab in the city of Bhopal resulting in pollution of the lake as well as areas around it and the same is also under active consideration and adjudication by the Hon'ble High Court of Madhya Pradesh and directions in the above noted writ petition are being issued regularly and the case is also being monitore...
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