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Judgment Search Results Home  Phrase:national green tribunal act

Aug 09 2012

Bhopal Gas Peedith Mahila Udyog Sangathan And Ors. Vs. Union of India ...

  • Decided on : 09-Aug-2012

Court : Supreme Court of India

... the above terms. all applications are disposed of accordingly.38. 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 1 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 ... the 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 ... then, the icmr conducted its research investigation in the form of 24 major research projects ranging from epidemiology to molecular biology implemented by 15 national institutes. vide letter dated 17th february, 2004, from the director general of icmr to the government of madhya pradesh it was indicated that ... relating to any of the seven statutes specified in schedule i of the ngt act, should also be dealt with by the specialized tribunal, that is the ngt, created under the provisions of the ngt act. the courts may be well advised to direct transfer of such cases to the ...

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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

... . we 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 the area ... 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, 2010 and as such is barred by limitation. he would submit that the second prayer for restitution of the environment is dependent on first relief i.e. cancellation of the ... facts. 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. 1 illegally ... ) 14. we have gone through the above noted case law cited by the learned advocates. we do agree that if the application is covered 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 ...

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Apr 30 2014

Jayshree Dansena, Chhattisgarh Vs. M/s Athena Chhattisgarh Power Priva ...

  • Decided on : 30-Apr-2014

Court : National Green Tribunal - Principal Bench - New Delhi

dalip singh, judicial member: 1. this application has been filed under section 18 read with section 14 and section 15 of the national green tribunal act, 2010 with the following prayer. this application is moved for the purpose of protecting lives and health of the people of the villages ... , katharrapali, singhitarai, nimuhi, odekera, district janjgir champa and to make villages free from pollution and unless suitable orders have passed by this honble tribunal it would endanger the lives of the people of the villages. a. applicant prays your lordship for an order or direction upon the respondent no. 1 ... circumstances of the application and considering the gravity of the situation including after appointing a committee of experts and obtaining report and recommendation as the tribunal may deem fit and proper in the facts and circumstances of the application and your applicant. 2. after registration of the application notices were ... the respondent no. 5 sent its report to the head of office of the cecb in raipur. however, after the notices were issued by this tribunal fresh inspection was carried out by the cecb and the following points were observed by the cecb. a. the area/spot where blasting was carried ... the annexure-1. 13. in view of the above, we are of the opinion that no further directions need to be issued by this tribunal. however, the cecb shall monitor the above aspects on regular basis and ensure compliance as the aforesaid issues form part of ec conditions and non ...

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Apr 04 2014

Shirish Barve Vs. The Union of India, Through : The Ministry of Road T ...

  • Decided on : 04-Apr-2014

Court : National Green Tribunal - Principal Bench - New Delhi

... safeguards? 14. we have carefully gone through the pleadings and arguments of the counsel. the present application has been filed u/s. 14, 15, 17 and 18 of national green tribunal act. however, the prayer nos.1 and 2 relates to the stoppage of the work. prayer no.4 is related to finding alternative sustainable solution for the project. the prayer ... has also been admitted by the applicants and therefore, the application is hopelessly time barred as far as section 14 of national green tribunal act. respondent-2 further submits that the applicants have not made any specific prayer u/s. 15 of the national green tribunal act, 2010 relating to restitution/compensation etc., therefore, the application cannot be considered u/s. 15 of the n.g ... 1. the applicants have filed the present application under section 14, 15, 17 and 18 of the national green tribunal act, 2010, basically challenging the proposed jalgaon bypass road of the national highway no.6 which has been proposed by respondent no.2 i.e. national highway authority of india (nhai). the applicants claim that the present application has been filed to salvage the ... .t. act and therefore, also, the application needs to be dismissed on that ground itself. the respondent-2 further submits that the national highway authority of india (nhai) is a statutory ...

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Jan 17 2013

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

  • Decided on : 17-Jan-2013

Court : Mumbai - Aurangabad

... envisaged under the foregoing provision. 22. answer to question-c lies in the provisions of the code of civil procedure,1908 read in conjunction with provisions of national green tribunal act, 2010. ordinarily, civil courts will have jurisdiction to entertain, hear and dispose off the civil disputes. section 9 of the civil procedure codecivil procedure codecivil procedure code, 1908 deals with ... any organisation of individuals of the forest land and consequent interference in the environment including natural habitat of flora and fauna. 20. section 2(1)(c) of the national green tribunal act, 2010 defines environment as under: (c) environment includes water, air and land and the interrelationship, which exists among and between water, air and land and human ... / 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 entertained by the civil court as before. question-c raised in the present reference is answered accordingly. 28. ... then even in the absence of an exclusionary provision, the civil court s jurisdiction is impliedly barred. 24. section 14 of the national green tribunal act, 2010 reads as under: 14. (1) the tribunal shall have the jurisdiction over all civil cases where a substantial question relating to environment (including enforcement of any legal right relating to environment ...

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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

... : 16. tribunal to have appellate jurisdiction- any person aggrieved by,- (e) an order or decision made ... . 2 a. appeal to 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 ... , on or after the commencement of the national green tribunal act, 2010, by the state government or other authority under ...

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May 30 2014

M/s. Jaypee Infratech Ltd. Vs. Amit Kumar, Uttar Pradesh and Others

  • Decided on : 30-May-2014

Court : National Green Tribunal - Principal Bench - New Delhi

... limited purpose and cannot be allowed to be 'an appeal in disguise'." 16. therefore, the power of review of its own decision provided under section 19(4) (f) of the national green tribunal act is to be exercised bearing in mind the limitation provided under rule 1 of order 47 of code of civil procedure, in the light of the settled principles. 17. it ... that the power of review is to be exercised, as provided under the code of civil procedure, 1908. therefore, the power of review provided under section 19(4)(f) of national green tribunal act, 2010 is akin to the powers provided under section 114 and rule 1 of order 47 of code of civil procedure which provide that any person considering himself aggrieved by ... act, shall have the same powers as are vested in a civil court under the code of civil procedure ... order in an appeal and the application for review is not maintainable. 9. the power of this tribunal to review an order passed earlier, and the source of that power cannot be disputed. section 19 of the national green tribunal act, 2010 provides the procedure and powers of the tribunal. under sub section 4, the tribunal, shall have for the purpose of discharging its functions under the ...

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Sep 07 2012

Rohit Choudhury Vs. Union of India Through the Secretary Ministry of E ...

  • Decided on : 07-Sep-2012

Court : National Green Tribunal - Principal Bench - New Delhi

... of the area and future of the indian rhino, elephant and wide species of flora and fauna available in the kaziranga national park. he has approached this tribunal invoking jurisdiction under section 14(1) of the national green tribunal act, 2010, inter-alia, praying for appropriate directions to the authorities to safe guard kaziranga and its ecology. according to ... and technology has advanced to such a stage where the level of pollution can be reduced considerably. this tribunal is required to decide the controversies applying section 20 of the national green tribunal act, 2010 which casts onerous duty upon this tribunal to consider, if any, precautionary measures can be adopted for eradication of pollution applying the principle of ... the applicant, unregulated quarrying and mining activities permitted in and around the area of kaziranga national park , not only threatens the eco-sensitive zone, but also the ... forest and other natural resources including enforcement of legal rights relating to environment, being the paramount objective of the national green tribunal, to maintain healthy environment and eradicate the pollution, and to protect ecology in kaziranga national park and in its vicinity, which is highly eco-sensitive. we feel certain directions are necessary to be issued ...

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Jan 24 2012

Satish Umesh Prabhu Vs. M/s Matoshree Infrastructure Private Limited a ...

  • Decided on : 24-Jan-2012

Court : National Green Tribunal - Principal Bench - New Delhi

... . puram, new delhi 110 022, if preferred, within 60 days as prescribed under section 35 of the national green tribunal act, 2010. 3. it has been further submitted that the appellants were expecting the national green tribunal to start functioning in pune soon and that they were waiting to file the appeal there. however, there ... 2011, has been assailed in appeal no. 15/2011 on various grounds. the said appeal being one under section 16 of the national green tribunal act, 2010, the prescribed period of limitation is thirty days from the date of the order or communication thereof. proviso to section 16 sub section ( ... impugned order. period of limitation is prescribed under the statute, and is thirty days. proviso to section 16(j), however, vests power on the tribunal to extend the period to a further sixty days, if there are sufficient reasons. 7. respondent - 2 (member secretary, state level environment impact assessment ... j) stipulates that the tribunal may, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the said period, allow it ... authority to enhance the period of limitation prescribed under the statute. in view of the said clear position we are satisfied that respondent 2 acted in excess of jurisdiction conferred upon him in incorporating clause 11 to the impugned order and thereby granting six months time to file the ...

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Dec 14 2011

Jaya Prakash Dabral Vs. Ministry of Environment and Forests and Others

  • Decided on : 14-Dec-2011

Court : National Green Tribunal - Principal Bench - New Delhi

... at this stage. the argument of the respondents is that the applicants do not fit into the definition of the person aggrieved as occurred in the ngt act. section 18 (2) of the national green tribunal act inter-alia provides that an application for grant of relief or compensation or settlement of dispute may be made by the person who has sustained the injury or ... by (a to d) . (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, 1980 (69 of 1980). section 18 -application or appeal to tribunal: (1) each application under sections 14 and 15 or an appeal under section 16 shall, be made to ... be pertinent to note here that section 16(e) of the act provides for an appeal against any order or decision made by the said act or any authority under section 2 of the forest (conservation) act, 1980 only if such orders have been passed on or after commencement of the act. the national green tribunal act came into force on 18.10.2010 and since both the ... orders of forest clearance under section 2 of the forest conservation act were issued much earlier to the commencement of this act, no application could be maintained before this tribunal. further, the application under section 14 is barred by time ...

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