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Search Results Judgments > Act: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

... 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 ... 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 and/or in Schedule I to the NGT Act shall ... 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 ... questions of environmental laws and/or 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 NGT in its discretion, as it will ...

May 29 2014

S.K. Shetye, General Secretary, All India Port and Dock Workers' Feder ...

  • Decided on : 29-May-2014

Court : National Green Tribunal - Principal Bench - New Delhi

... )/2013 (National Green Tribunal, (WZ) Pune particularly, in legal parlance and, therefore, they speak through human beings. Such kind of litigation is partly inquisitive and partly adversarial. 26. Apart from the legal position discussed herein above, it would be appropriate to refer Section 19 of the National Green Tribunal Act 2010. Section 19(i) and (ii) read as follows: 1. The Tribunal shall not ... is circumscribed by the specific provision of the special enactment, namely, the National Green Tribunal Act, 2010. Obviously, this Tribunal has no discretion to extend the period by taking aid from the general provisions of the Limitation Act. The negative expression used in the language of Section 16 of NGT Act, creates embargo on flexibility in the context of the limitation available for ... 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 ... and therefore, as per the provisions of Section 14 sub-section 3 of National Green Tribunal Act 2010, both these Applications are hopelessly barred by Limitation as the first cause of action arose on 11-4-2000, much beyond the time specified for limitation under Section 14 of the NGT Act. 9. Respondent No.3 further submits that while transferring these matters ...

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 ...

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 ...

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

... 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 Singhitarai, 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 ... June 14th, 2013 along with the action plan for development of green belt and sprinkling of water to control dust emission. Noting their action plan 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 ... on 25.03.2014 with respect to the query raised by the Tribunal on CSR commitment, we are of the view that the issues raised by the Applicant have been satisfactorily taken care of. 9. As regards controlling the pollution we find from the report of Respondent No. 5 a green belt of 70 acres has been developed by the Project Proponent ... proper in the facts and 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 ordered to be issued on 13 ...

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 ...

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 ... 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 ...

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 ...

Apr 16 2013

INDIAN SPINAL INJURIES HOSPITAL Vs. UOI & ORS.

  • Decided on : 16-Apr-2013

Court : Delhi

... Act, 1986. Thus, these petitions fulfill the twin requirements of Section 14 of the National Green Tribunal Act, 2010. Had these petitions been filed after constitution of National Green Tribunal, the said Tribunal would have jurisdiction to hear and decide these petitions and pass appropriate orders thereon. The Tribunal would have also the power to provide one or more reliefs envisaged in Section 15 of the National Green Tribunal Act ... by the aircrafts.5. The National Green Tribunal Act, 2010 came into force on 18.10.2010. The Act provides for establishment of a Tribunal to exercise the jurisdiction, powers and authority conferred on such Tribunal under the said Act. Section 14 of the Act, to the extent it is relevant, provides that the Tribunal shall have the jurisdiction ... National Green Tribunal Act, 2010 that before a matter can be brought to the Tribunal, it should fulfill two requirements. Firstly, it should involve a substantial question relating to environment and secondly, such question should arise out of the implementation of one or more of the Acts specified in Schedule-I to the Act.7. Considering the provisions of Environment Protection Act ... of the view that these petitions should be transferred to the National Green Tribunal. In our opinion, such an order would only subserve the interest of justice. We ordered accordingly. Registry is directed to send the entire record of these petitions to the Registrar of National Green Tribunal within one week. V.K.JAIN, J CHIEF ...

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