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Judgment Search Results Home  Phrase:national green tribunal act

Aug 06 2014

Kollidam Aaru Pathukappu Nala Sangam Vs. 1.The Union of India, rep.by ...

  • Decided on : 06-Aug-2014

Court : Chennai

... Section 16 of the National Green Tribunal Act, 2010. During the pendency of these appeals, the MoEF issued a fresh Notification dated 24.12.2013. Therefore, these guidelines were placed before the National Green Tribunal, in the course of hearing. (l) Thereafter, the National Green Tribunal disposed of all ... National Green Tribunal dated 24.2.2014. None of them have also gone to the Supreme Court by way of an appeal under Section 22 of the National Green Tribunal Act, 2010. Therefore, it is clear that the State Government, the SEIAA as well as the Lorry Owners' Association have accepted the verdict of the Southern Regional Bench of the National Green Tribunal ... Tribunal falls.".23. It should be noted that though the Supreme Court was mainly concerned with the scope of judicial review of the orders of the Administrative Tribunals, the Supreme Court declared as unconstitutional, all the 'exclusion of jurisdiction' clauses in all similar enactments. This is perhaps the reason why the National Green Tribunal Act, does not specifically exclude the jurisdiction of the High Courts. The National Green Tribunal Act ... Act and those arising under Section 22 of the National Green Tribunal Act, 2010, is too easy to be seen and deciphered. What is conferred by Section 19 of the Contempt of Courts Act, 1971 is a right, the exercise of which does not depend upon any discretion in the matter of admission of the appeal. In contrast, what is conferred by Section 22 of the National Green Tribunal Act ...

May 28 2014

Sreeranganathan K.P., Sreepadam Vadakkkekkottaram (H) and Others Vs. T ...

  • Decided on : 28-May-2014

Court : National Green Tribunal - Principal Bench - New Delhi

... National Green Tribunal Act, 2010, refusing to grant environmental clearance for carrying out any activity or operation or process under the Environmental (Protection) Act, 1986 (29 of 1986); (j) any determination of benefit sharing or order made, on or after the commencement of the National Green Tribunal Act, 2010, by the National Biodiversity Authority or a State Biodiversity Board under the provisions of Biological Diversity Act ... Act, 1986 (29 of 1986); (i) an order made, on or after the commencement of the National Green Tribunal Act, 2010, refusing to grant environmental clearance for carrying out any activity or operation or process under the Environmental (Protection) Act, 1986 (29 of 1986); (j) any determination of benefit sharing or order made, on or after the commencement of the National Green Tribunal Act, 2010, by the National ... Act, 2008, Kerala Land Reforms Act, 1963, Environment Protection Act, 1986, Land Acquisition Act etc are false and denied in toto. In any event, the present Tribunal is not concerned with alleged violations of state enactments as they fall beyond the purview of the Scheduled enactments to the National Green Tribunal Act ...

Feb 28 2013

M/s. Hindalco Industries Ltd. Vs. State of Maharashtra, Through its Pr ...

  • Decided on : 28-Feb-2013

Court : National Green Tribunal - Principal Bench - New Delhi

... National Green Tribunal Act, 2010, may file an appeal to the National Green Tribunal established under Section 3 of the National Green Tribunal Act, 2010, in accordance with provisions of that Act. 11. Section 16 (e) of the National Green Tribunal Act, 2010 reads as follows: 16. Tribunal to have appellate jurisdiction- Any person aggrieved by,- (e) an order or decision made, on or after the commencement of the National Green Tribunal Act ... National Green Tribunal:- Any person aggrieved, by an order or decision of the State Government or other authority made under Section 2, on or after the commencement of the National Green Tribunal Act, 2010, may file an appeal to the National Green Tribunal established under Section 3 of the National Green Tribunal Act, 2010, in accordance with provisions of that Act. 11. Section 16 (e) of the National Green Tribunal Act, 2010 reads as follows: 16. Tribunal ... National Green Tribunal established under Section 3 of the National Green Tribunal Act, 2010, in accordance with provisions of that Act. 11. Section 16 (e) of the National Green Tribunal Act, 2010 reads as follows: 16. Tribunal to have appellate jurisdiction- Any person aggrieved by,- (e) an order or decision made, on or after the commencement of the National Green Tribunal Act, 2010, by the State Government or other authority under Section 2 of the Forest (Conservation) Act ...

Jan 17 2013

Gadbad s/o Bhavdu Sonne Vs. Ramrao s/o Bhavdu Sonne

  • Decided on : 17-Jan-2013

Court : Mumbai - Aurangabad

... National Green Tribunal Act, 2010 is taken over by the Tribunal by virtue of Section 14 of the said Act. 26. Moreover, a bar to the jurisdiction of the Civil Courts in respect of the claim, which may be adjudicated upon by the Tribunal is expressed in Section 29 of the National Green Tribunal Act, 2010 in the following words: 29. (1) With effect from the date of establishment of the Tribunal ... Tribunal by virtue of Section 14 of the said Act. 26. Moreover, a bar to the jurisdiction of the Civil Courts in respect of the claim, which may be adjudicated upon by the Tribunal is expressed in Section 29 of the National Green Tribunal Act, 2010 in the following words: 29. (1) With effect from the date of establishment of the Tribunal under this Act ... may be adjudicated upon by the Tribunal is expressed in Section 29 of the National Green Tribunal Act, 2010 in the following words: 29. (1) With effect from the date of establishment of the Tribunal under this Act, no civil Court shall have jurisdiction to entertain any appeal in respect of any matter, which the Tribunal is empowered to determine under its appellate ... the implementation of the Forest (Conservation) Act, 1980, is not maintainable before the Civil Court. However, the Civil cases/ suits not involving any substantial question relating to environment and not arising out of the implementation of enactments specified in Schedule I to the National Green Tribunal Act, 2010 i.e. The Forest (Conservation) Act, 1980 shall continue to be ...

Oct 01 2013

M/s. Laxmi Suiting Vs. State of Raj. & Ors

  • Decided on : 01-Oct-2013

Court : Rajasthan - Jodhpur

... Tribunal, has propounded as hereunder:- 40. Keeping in view the provisions and scheme of the National Green Tribunal Act, 2010 (for short the NGT Act .) particularly Sections 14, 29, 30 and 38(5), it can safely be concluded that the environmental issues and matters covered under the NGT Act, Schedule I should be instituted and litigated before the National Green Tribunal ( ... laid before us to determine as to whether these ought to be transferred to the National Green Tribunal (for short, hereafter referred to as the Tribunal .) established under section 3 of the National Green Tribunal Act, 2010 (for short, hereafter referred to as the Act .). The writ petitions hitherto pending before the learned Single Bench have been listed in ... Act and the essentiality of transfer of proceedings as contemplated therein to the learned Tribunal, has propounded as hereunder:- 40. Keeping in view the provisions and scheme of the National Green Tribunal Act, 2010 (for short the NGT Act .) particularly Sections 14, 29, 30 and 38(5), it can safely be concluded that the environmental issues and matters covered under the NGT Act ... Tribunal commensurate to the task entrusted was outlined as well. This Bill having been passed by both the Houses of Parliament and on receiving the assent of the President of India, was integrated in the Statute Book as the National Green Tribunal Act, 2010. The preamble thereof proclaims that it has been enacted to provide for the establishment of a National Green Tribunal ...

Oct 25 2013

Dinesh Kumar Maheshwari Vs. Union of India & Ors

  • Decided on : 25-Oct-2013

Court : Rajasthan - Jodhpur

... transferred by the Division Bench of this Court upon a reference made by this Court to National Green Tribunal under the provisions of the National Green Tribunal Act, 2010 and they further submit that the present writ petitions may also be transferred to the National Green Tribunal in terms of the Division Bench order of this Court dated 01.10.2013 in ... learned Tribunal, has propounded as hereunder:- 40. Keeping in view the provisions and scheme of the National Green Tribunal Act, 2010 (for short the NGT Act .) particularly Sections 14, 29, 30 and 38(5), it can safely be concluded that the environmental issues and matters covered under the NGT Act, Schedule I should be instituted and litigated before the National Green Tribunal (for ... Act and the essentiality of transfer of proceedings as contemplated therein to the learned Tribunal, has propounded as hereunder:- 40. Keeping in view the provisions and scheme of the National Green Tribunal Act, 2010 (for short the NGT Act .) particularly Sections 14, 29, 30 and 38(5), it can safely be concluded that the environmental issues and matters covered under the NGT Act ... Act, Schedule I should be instituted and litigated before the National Green Tribunal (for short NGT .). Such approach may be necessary to avoid likelihood of conflict of orders between the High Courts and NGT. Thus, in unambiguous terms, we direct that all the matters instituted after coming into force of the NGT Act and which are covered under the provisions of the NGT Act ...

Jan 17 2013

Gadbad s/o Bhavdu Sonne Vs. Ramrao s/o Bhavdu Sonne

  • Decided on : 17-Jan-2013

Court : Mumbai

... National Green Tribunal Act, 2010 is taken over by the Tribunal by virtue of Section 14 of the said Act. 26. Moreover, a bar to the jurisdiction of the Civil Courts in respect of the claim, which may be adjudicated upon by the Tribunal is expressed in Section 29 of the National Green Tribunal Act, 2010 in the following words:- 29. (1) With effect from the date of establishment of the Tribunal ... Tribunal by virtue of Section 14 of the said Act. 26. Moreover, a bar to the jurisdiction of the Civil Courts in respect of the claim, which may be adjudicated upon by the Tribunal is expressed in Section 29 of the National Green Tribunal Act, 2010 in the following words:- 29. (1) With effect from the date of establishment of the Tribunal under this Act ... may be adjudicated upon by the Tribunal is expressed in Section 29 of the National Green Tribunal Act, 2010 in the following words:- 29. (1) With effect from the date of establishment of the Tribunal under this Act, no civil Court shall have jurisdiction to entertain any appeal in respect of any matter, which the Tribunal is empowered to determine under its ... the implementation of the Forest (Conservation) Act, 1980, is not maintainable before the Civil Court. However, the Civil cases/ suits not involving any substantial question relating to environment and not arising out of the implementation of enactments specified in Schedule I to the National Green Tribunal Act, 2010 i.e. The Forest (Conservation) Act, 1980 shall continue to be ...

Jun 12 2013

Gangadhar Narsingdas Agrawal and Others Vs. Ministry of Environment an ...

  • Decided on : 12-Jun-2013

Court : Mumbai - Goa

... 326. Mr. Ferreira, learned Asst. Solicitor General, submitted that in terms of the said judgment, all the petitioners are bound to approach the National Green Tribunal constituted under the National Green Tribunal Act, 2010, by filing an appeal under Section 16 of the National Green Tribunal Act, 2010. Mr. Ferreira further submitted that in so far as challenge to the impugned order is concerned, the appeal is maintainable and in ... provided under Section 16 of the National Green Tribunal Act, 2010, does not bar the jurisdiction of this Court to entertain a writ petition. In any case, this court will have to consider the challenge to OM dated 2nd December, 2009 and the Guidelines dated 19th August, 2010, since challenge to both of them would not lie before the Tribunal and in such a ... .2009 and the Guidelines dated 19.8.2010, issued by respondent No.1. In our view, the petitioners would not be entitled to challenge these guidelines before the Tribunal constituted under the Act and, therefore, it will be for this court to deal with the challenge to the said OM and the Guidelines. We also find merit in the submission ... and suspension of the environmental clearance under Section 5 of the Environment (Protection) Act, 1986 for violation of the conditions. In the operative part of the order, it has been stated that (1) the petitioner has not obtained the requisite clearance from the Standing Committee for National Board for Wildlife (NBWL), as was required to be obtained pursuant to the ...

May 16 2014

Janardan Kundalikrao Pharande and Others Vs. Ministry of Environment a ...

  • Decided on : 16-May-2014

Court : National Green Tribunal - Principal Bench - New Delhi

... National Green Tribunal Act 2010 gives flexibility to the Tribunal in such matters. The procedural Rules of the Code of Civil Procedure are not applicable to the proceedings before the National Green Tribunal. Unless certain adverse order is to be passed which will cause serious impact on the rights of party, it may not be essential to hear the party. The provision of Section 19 of the National Green Tribunal Act ... Section 19 of the National Green Tribunal Act 2010. Section 19(i) and (ii) read as follows : (1) The Tribunal shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908 (5 of 1908) but shall be guided by the principles of natural justice. (2) Subject to the provisions of this Act, the Tribunal shall have power to ... the Tribunal. All said and done, the amendment is not of substantial nature, nor it causes any prejudice to the rights of Respondent No.2 Jubilant Industry. The amendment only highlights the intervening developments. So far as the procedural part is concerned, it may be stated that Section 19 of the National Green Tribunal Act 2010 gives flexibility to the Tribunal in ... directed transfer of the Writ Petition to this Tribunal in view of the Judgment of the Hon'ble Supreme Court in "Bhopal Gas Peedith Mahila Udyog Sangathan Vrs. Union of India". The Writ Petition was thereafter registered as an Application under Section 14, 15, 16 read with Section 18 of the National Green Tribunal Act 2010. The Applicants' Counsel sought certain amendments ...

Feb 21 2013

Nisarga Nature Club Vs. Shri Satyawan B Prabhudessai Gaonkarwadem-Usga ...

  • Decided on : 21-Feb-2013

Court : National Green Tribunal - Principal Bench - New Delhi

... only under Section 14 of the National Green Tribunal Act, 2010 and cannot be considered under Section 15 thereof then the same will have to be held as time barred. There cannot be duality of opinion that the Tribunal cannot grant extension of time beyond the statutory period expressly provided under the special enactment like the National Green Tribunal Act, 2010. Still, however, the second ... He further submits that the application is maintainable in as much as relief for restitution of the degraded forest land is covered by Section 15 of the National Green Tribunal Act, 2010 (for short, NGT Act) and filing of the application within a period of five (5) years from the date of cause of action is permissible . He contended that Respondent no. ... Tribunal thinks fit. The applicant submits that the information provided by the Goa Forest Department provides the basis on which the respondent no. 1 should be ordered to pay for the forest to be restituted. 12. Mr. Yashraj Deora, learned Advocate for the Respondent No.1 argued that the application is covered only under Section 14 of the National Green Tribunal Act ... are not, however, Appellate Authority against order of the Additional Collector in as much as the present application does not come within the ambit of Section 16 of the National Green Tribunal Act, 2010. However, it is necessary to ensure protection of environment in the area by applying precautionary principle . For, it is more probable that vehicular traffic will increase in ...

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