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Nov 29 2011 (TRI)

Bhalachandra Bhikaji Nalwade Vs. Ministry of Environment and Forests G ...

Court : National Green Tribunal Principal Bench New Delhi

1. This appeal is filed being aggrieved by the grant of Environmental Clearance (for short EC) for the 1200 mw (4x300 mw) coal based Thermal Power Plant (for short TPP) in favour of M/s JWS Energy Limited at Jaigad, Ratnagiri District, Mahrashtra State, by the Ministry of Environment and Forests (for short MoEF), Government of India dated 28.6.2010. 2. It appears the Respondent No. 1 granted EC in favour of Respondent No. 3 for the establishment of a coal based thermal power plant (1200 mw) at Ganpatipule Taluka and District Ratnagiri, Maharashtra State. It is the case of the appellant that he had filed Appeal No. 7 of 2007 before the National Environment Appellant Authority, New Delhi and the said appeal was dismissed vide Order dated 12.9.2008. Aggrieved thereby, the appellant filed Writ Petition No. 388 of 2009 before the Honble High Court of Delhi and the said Writ Petition was disposed of on 18.9.2009 holding that the order passed by the Expert Appraisal Committee is appealable be...

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Oct 11 2011 (TRI)

Gram Panchayat Totu (Majthai) and Others Vs. State of Himachal Pradesh ...

Court : National Green Tribunal Principal Bench New Delhi

A.S. Naidu, J. Gram Panchayat Totu through Shri Uttam Singh Kashyap and two other villagers of the said Village, situated in District Shimla of Himachal Pradesh, have filed this appeal under Section 18(1) read with Section 14, 15 and 19 of the National Green Tribunal Act, 2010, inter alia praying to restrain the Municipal Corporation, Shimla and Himachal Pradesh State Government from undertaking construction of the Solid Bio-Waste Management Plant at Village BHARYAL on TARA DEVI - TOTU BYE PASS about 9 kms away from Shimla Town and for other consequential reliefs. 2. To appreciate the issues in controversy, it would be prudent to state briefly the facts relevant for the said purpose. Way back in the year 1999, a Solid Bio-Waste Management Plant (hereinafter called as MSW, Plant) was installed by Shimla Municipality (hereinafter called M.C. Shimla) at a place commonly known as DARNI-KA-BAGICHA, Lalpass, Shimla. By afflux of time, the Township of Shimla grew all around the place consequ...

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Jul 28 2011 (TRI)

Prafulla Samantra Vs. Ministry of Environment Forests and Others

Court : National Green Tribunal Principal Bench New Delhi

A. S. Naidu, J. The Environment Clearance accorded by Ministry of Environment and Forests vide its letter dated 28th April, 2009, to the Lanjigarh Bauxite mining project of M/S The Orissa Mining Corporation was assailed by Shri Prafulla Samantra and others in four separate appeals. The said Appeals were registered as Appeal Nos. 18, 19, 20 and 21 of 2009 before the erstwhile National Environment Appellate Authority (herein after referred as The Authority for the sake of brevity).After prolonged hearing, by a reasoned order dated 15th September, 2010, the Authority remitted the matter to the Ministry with a direction to revisit the Environment Clearance granted to the said Project. The Authority further directed that till the process is completed, the Environment Clearance granted by the Ministry shall remain suspended.Being aggrieved by the order dated 15th September, 2010, passed by the Authority the present Review Application was filed. The order of remand is challenged on several gr...

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