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Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Court: national green tribunal principal bench new delhi Year: 2013 Page 1 of about 10 results (0.093 seconds)

Apr 25 2013 (TRI)

Satpal Singh and Others Vs. Municipal Council Gardhiwala Through Its E ...

Court : National Green Tribunal Principal Bench New Delhi

Decided on : Apr-25-2013

..... if responsible bodies are responsive to duties. cappilletti holds good for indian when he observes. ? 21. the provisions of section 154 and 168 of the punjab municipality act, 1911 also indicate legal obligation cast on the municipality/municipal committee. section 154 reads as follows: ?? section 154. removal and deposit of offensive matters. the committee may fix places within or, with the approval ..... flimsy grounds, like absence of fund or absence of land for relocation of ??hada rori ? . the respondents have failed to implement municipal solid wastes (management and handling) rules, 2000 and discharge their duties under the punjab municipal act, 1911. 24. so also, the respondents have failed to ensure that fundamental right available to the citizens of the township in the matter of ..... around the place of ??hada rori ? is enhanced and has reached to the extent of intolerable level. though, provisions under section 154 and section 168 of the punjab municipality act, 1911 cast duty on the municipal council to remove and dump the remains of dead animals to a proper place and ensure cleanliness in the township, yet ..... medical wastes; ? the carcasses and remains of dead animals are, thus, a part of municipal solid wastes which are to be handled and managed as per the municipal solid wastes (management and handling) rules, 2000. the provision of sections 154 and 168 of the punjab municipal act, 1911 refers to site selection and collection of dead animals. that, however, does not specify .....

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Mar 14 2013 (TRI)

Devendra Kumar Vs. Union of India Through the Secretary Ministry of En ...

Court : National Green Tribunal Principal Bench New Delhi

Decided on : Mar-14-2013

..... haryana and the alwar district of the state of rajasthan (iii) all areas covered by notifications issued under section 4 and 5 of the punjab land preservation act, 1900 as applicable to the state of haryana in the district of gurgaon up to the date of this notification. (iv) all ..... shed structures are not removed/demolished and the debris accruing therefrom is not removed within the prescribed period, then in the said event, the municipal corporation of gurgaon shall be entitled to and, in fact without fail, demolish such structures as well as remove the debris and recover the ..... months time to stop the activity and vacate the premises. 10. all the respondents, especially the forest department of the state of haryana, the municipal corporation of gurgaon and the haryana state pollution control board have erred in proper implementation of the provisions of the notification. it is expected from ..... and mr. manjit singh assisted by a senior officer of the forest department, member secretary of haryana pollution control board and one responsible officer from municipal corporation of gurgaon. the meeting of the committee so constituted will be held at 2.00 p.m. tomorrow at haryana bhawan and they ..... and the structures that they have raised are not unauthorised or impermissible. on the contrary, they have taken, these lands on lease from the municipal corporation and have been carrying on the activities of sale of marble, liquor and business of gas godowns from the premises in question. they .....

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May 23 2013 (TRI)

Gurdev Singh Vs. Punjab Pollution Control Board Through Its Chairman, ...

Court : National Green Tribunal Principal Bench New Delhi

Decided on : May-23-2013

..... or water pollutant, and even on that score, he was not required to obtain the consent of the board. as far as the submission of the appellant to ludhiana municipal corporation was concerned, the appellant claims to have submitted all necessary documents with affidavits and the said corporation finally granted no objection certificate vide their letter dated, 23rd may, ..... and channel with clip to be used for kids cycles. the appellant applied to the board for obtaining its consent. along with that the appellant also applied to the municipal corporation of ludhiana for obtaining a no objection certificate. the officers of the board advised the appellant that there was no necessity to grant no objection certificate to him in ..... connection of the unit m/s panesar products operating in residential area be got disconnected by issuing directions u/s 31-a of air (prevention and control of pollution) act, 1981 to the punjab state electricity board in this regard. 3. regional office should also initiate action against mr. sohan singh, h. no. 4147, street no. 4, shimlapuri and any other ..... which were marginally polluting, were granted without insisting upon the consent/no objection certificate from the board. in furtherance to this decision, the appellant had applied for electrical connection from punjab state electricity board. subsequently, an electrical connection in favour of the appellant was released by the electricity board. 5. the industrial unit of the appellant is situated at house .....

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Mar 14 2013 (TRI)

Save Mon Region Federation Through Its General Secretary, Lobsang Gyat ...

Court : National Green Tribunal Principal Bench New Delhi

Decided on : Mar-14-2013

..... when it can simultaneously be downloaded without delay and impediments. the limitation could also commence when the environmental clearance order is displayed by the local bodies, panchayats and municipal bodies along with the concerned departments of the state government displaying the same in the manner afore-indicated. out of the three points, from which the limitation could ..... convenient dispatch, constitution of india, art.86(2). communication, in respect of order of dismissal would mean that the same is served upon the delinquent officer, state of punjab v. amar nath harika, air 1966 sc 1313. xxxx xxxx xxxx xxxx communication to the public, for the purposes of this clause, communication through satellite or cable or ..... effected. this legal obligation emerges from two different aspects. firstly, imposition of certain safeguards and conditions in exercise of the powers vested in moef under the environment (protection) act, 1986. secondly, the limitations and modus that may be directed in regard to the environmental clearance, in terms of the rules and regulations framed under environmental regulations read ..... law lexicon, 3rd edition, defines ??communication as: ??a statement made in writing or by word of mouth by one person to another; the transfer of information by speech and by acts, signs, and appearances. ? 14. whartons law lexicon, 15th edition, explains the terms ??communicate, ??communicated, ??communication as well as ??communication to the public as under: ??communicate, .....

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Jul 11 2013 (TRI)

Patkar Ms. Medha and Others Vs. Ministry of Environment and Forests, U ...

Court : National Green Tribunal Principal Bench New Delhi

Decided on : Jul-11-2013

..... when it can simultaneously be downloaded without delay and impediments. the limitation could also commence when the environmental clearance order is displayed by the local bodies, panchayats and municipal bodies along with the concerned departments of the state government displaying the same in the manner afore-indicated. out of the three points, from which the limitation could ..... convenient dispatch, constitution of india, art.86(2). communication, in respect of order of dismissal would mean that the same is served upon the delinquent officer, state of punjab v. amar nath harika, air 1966 sc 1313. xxxx xxxx xxxx xxxx communication to the public, for the purposes of this clause, communication through satellite or cable or ..... , read with the notification of 2006, then alone the period of limitation shall begin to run, would be an interpretation which will frustrate the very object of the act and would also cause serious prejudice to all concerned. firstly, this completely frustrates the purpose of prescription of limitation. secondly, a project proponent who has obtained environmental clearance ..... law lexicon, 3rd edition, defines ??communication as: ??a statement made in writing or by word of mouth by one person to another; the transfer of information by speech and by acts, signs, and appearances. ? 14. whartons law lexicon, 15th edition, explains the terms ??communicate, ??communicated, ??communication as well as ??communication to the public as under: ??communicate, means .....

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Mar 14 2013 (TRI)

Nikunj Developers and Others Vs. State of Maharashtra, Environmental D ...

Court : National Green Tribunal Principal Bench New Delhi

Decided on : Mar-14-2013

..... condone the delay after the expiry of 30 days' period. (emphasis supplied) ? 22. the same view was reiterated in commissioner of customs, central excise v. punjab fibres ltd. : (2008) 3 scc 73. ??31. in commissioner of customs and central excise v. hongo india private limited and anr. (2009) 5 ..... we may notice some of the principles which have been reiterated with approval by the supreme court in the case of rajghunath rai bareja and another vs punjab national bank and ors. (2007) 2 scc 230 where the court held as under: ??30. thus, in madamanchi ramappa and anr. v. ..... such provisions must be construed as mandatory. the legislative command must take precedence over equitable principle. the language of section 16 of the ngt act does not admit of any ambiguity, rather it is explicitly clear that the framers of law did not desire to vest the tribunal with powers ..... against the decision or order of the tribunal and proviso to section 125 will become nugatory. ? 23. section 34 of the arbitration and conciliation act, 1996 uses the expression ??not thereafter while the provision under our consideration uses the terms ??not exceeding. both these expressions use negative language. ..... was whether the provisions of section 5 of the limitation act are applicable to an application challenging an award under section 34 of the arbitration and conciliation act, 1996. the two-judge bench referred to earlier decisions in mangu ram v. municipal corporation of delhi: (1976) 1 scc 392, vidyacharan shukla .....

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Jul 18 2013 (TRI)

Rayons-enlighting Humanity Through Its Secretary and Others Vs. Minist ...

Court : National Green Tribunal Principal Bench New Delhi

Decided on : Jul-18-2013

..... the chairman of respondent no.4 requesting for calling a meeting of the executive committee in terms of section 89(2) of the municipal corporation act. in that representation, they emphasised that the site selection was against the municipal solid wastes (management and handling) rules, 2000. under these rules, this project should not be set up near a cluster of habitation ..... from 14th september, 2006, the compulsion for seeking environmental approval has been made compulsory for solid waste management project. in this context, nothing has also been done by municipal corporation, bareilly. even no report has been sent to the state board till date after making an environment impact assessment report in compliance of the said no objection certificate. ..... to get redressal of its grievances at various administrative or executive levels, they approach the tribunal by institution of the present application. 4. on 20th august, 2004, the bareilly municipal corporation, known as nagar nigam, bareilly, submitted an application to respondent no.3, the uttar pradesh pollution control board, for obtaining authorisation for establishment of mswm plant at razau ..... of hearing, explanation regarding his unauthorized absence is not forthcoming or despite giving him an opportunity to join his duty, he fails to do so, as was the case in punjab and sind bank and ors. v. sakattar singh (2001)illj174sc (g) in lakshmi precision screws ltd. v. ram bhagat (2002)iiillj516sc , a division bench of this court .....

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May 09 2013 (TRI)

M/S. Lithoferro a Partnership Firm Represented by Its Partners and Oth ...

Court : National Green Tribunal Principal Bench New Delhi

Decided on : May-09-2013

..... - is of paramount importance. article 21 of the constitution guarantees right to life as a fundamental right. therefore, there is a constitutional imperative on the state governments and the municipalities not only to ensure and safeguard proper environment but also an imperative duty to take adequate measures to promote, protect and improve both the man-made and the natural environment ..... ) 8 scc 567; and west bengal state electricity board v. dilip kumar ray, air 2007 sc 976). 26. passing an order for an unauthorized purpose constitutes malice in law. (vide punjab state electricity board ltd. v. zora singh and ors., (2005) 6 scc 776; and union of india through government of pondicherry and anr. v. v. ramakrishnan and ors., (2005) ..... . the purpose obviously is to enable the central government to perform its functions and exercise its powers in an effective manner and in accordance with the provisions of the act. the act has a sole purpose to achieve i.e. to provide environmental safety and restrain persons from polluting the environment and causing detriment to the health of the society. it ..... a special duty on the central government to take necessary steps for conservation and development of minerals in india. section 17 of the mines and minerals (regulation and development) act, 1957 authorises the central government itself to undertake prospecting or mining operations under any area not already held under any prospecting licence or mining lease. this is sufficiently indicative of .....

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May 16 2013 (TRI)

M/S. Dhunseri Petrochem and Tea Ltd. Vs. Union of India, Ministry of E ...

Court : National Green Tribunal Principal Bench New Delhi

Decided on : May-16-2013

..... they must contain some reasons which would provide adequate opportunity and ground to the aggrieved party to assail that order in appeal effectively. 12. in the case of state of punjab and ors. v. surinder kumar and ors. : [1992] 194 itr 434(sc) , while noticing the jurisdictional distinction between article 142 and article 226 of the constitution of india, ..... underlining the action under review. this court with approval stated: ??11. ? ??the orderly functioning of the process of review requires that the grounds upon which the administrative agency acted be clearly disclosed and adequately sustained. ? 12. in exercise of the power of judicial review, the concept of reasoned orders/actions has been enforced equally by the foreign courts ..... unit not to undertake any construction. based upon this letter and without affording any opportunity to the applicant, vide letter dated 11th march, 2013, the government of west bengal, acting through the member secretary, seiaa withdrew the two environmental clearances granted to the units on the one hand, while, on the other vide letter dated, 13th march, 2013, the ..... the west bengal state level environment impact assessment authority (for short ??seiaa) mentioned in the letter that it was withdrawing the two environmental clearances granted to the applicant, while acting on the directions of the ministry of environment and forests (moef), government of india. on 6th march, 2013, according to the applicant, moef had informed the chairman of the .....

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Apr 11 2013 (TRI)

M/S. Sesa Goa Limited and Another Vs. State of Goa, Through the Chief ...

Court : National Green Tribunal Principal Bench New Delhi

Decided on : Apr-11-2013

..... they must contain some reasons which would provide adequate opportunity and ground to the aggrieved party to assail that order in appeal effectively. 12. in the case of state of punjab and ors. v. surinder kumar and ors. : [1992]194itr434(sc) , while noticing the jurisdictional distinction between article 142 and article 226 of the constitution of india, the supreme ..... following procedure while exercising its power in terms of the notifications of 1991 and/or 2011: (1) it must serve a notice to show cause, containing comprehensively all the acts/omissions/commissions which the affected party has committed, rendering it liable for any action in terms of the notification. (2) the affected party should submit its reply with complete ..... the government actions whether administrative or quasi-judicial. even if the statutory rules do not impose an obligation upon the authorities still it is expected of the authorities concerned to act fairly and in consonance with basic rule of law. these concepts would require that any order, particularly, the order which can be subject matter of judicial review, is ..... underlining the action under review. this court with approval stated: ??11. ? ??the orderly functioning of the process of review requires that the grounds upon which the administrative agency acted be clearly disclosed and adequately sustained. ? 12. in exercise of the power of judicial review, the concept of reasoned orders/actions has been enforced equally by the foreign courts .....

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