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Green Tribunal Digest brings to you the summaries and original judgments of cases decided by The National Green Tribunal, established under The National Green Tribunal Act, 2010. The Tribunal is dedicated to effective and expeditious disposal of cases relating to the subjects of forest, environment, biodiversity, air and water.
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March 5, 2015: Ambai Taluk Tamirabarani Vivasayigal Nala Sangam v. Union of India & Ors.
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These Applications were originally filed as writ petitions before the Madras High Court, seeking inter alia quashing of mining lease granted to a company, and denial of permission to another company for granite quarrying.
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image © Anil-Cherukupalli
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March 9, 2015: Dharam Raj v. State of Maharashtra & Ors.
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Through this Application, the unscientific slaughtering of animals at the site in question causing environmental hazard, health hazard and foul smell in the entire vicinity around the slaughterhouse was sought to be challenged.
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March 12, 2015: Jagannath Pandurang Sinnari v. State of Maharashtra & Ors.
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In the present Appeal, the Appellant, who ran a stone quarry, impugned the communication whereby his Application for grant of Environment Clearance was refused.
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image © Ajay A. Desai
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March 17, 2015: A. Gothandaraman v. Commissioner, Nagercoil Municipality & Ors.
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These Applications were filed by a resident of Nagercoil, praying for the authorities concerned to refrain from constructing a sewage pumping station (SPS) and a sewage treatment plant (STP) at Nagercoil.
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March 18, 2015: A. Arjunan & Anr. v. State of Tamil Nadu & Ors.
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The Applicant challenged the order of the TNPCB that granted consent to establish in favour of Sivagangai Municipality for a sewage treatment plant. The Applicant filed this Application seeking to quash the order.
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image © Pankaj Kumar Sarkar
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March 18, 2015: Vishwas More v. Krishi Utpanna Bazar Samitee, Pimpalgaon Baswant & Ors.
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By this Application, the Applicant raised various environmental issues pertaining to the proposed sewage treatment plant, on account of use of sheds by the farmers for storage, sale and auctioning of tomatoes in the area of market yard, as well as absence of arrangements for shifting of sewage without proper arrangement, allowing it on other nearby farms, causing damage to the land, crops, contamination of groundwater, well water and other adverse impacts.
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March 20, 2015: Variya Gandabhai v. Union of India
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Through this Appeal, the order of EC, passed in respect of sewage and effluent treatment plants in the Industrial Zone area of Ahmedabad was challenged.
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image © Pankaj Kumar Sarkar
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March 25, 2015: V. Sundar v. Union of India & Ors.
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This Appeal was filed to challenge the Environmental Clearance, that had been granted by the State Level Environmental Impact Assessment Authority for construction of a building at Lattice Bridge Road, Adyar, Chennai. Important principles relating to limitation and joinder of causes were discussed in this judgment.
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March 26, 2015: P.S. Vajiravel v. Union of India & Ors.
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Through this application, the Appellant had challenged the closure order of the Tamil Nadu Pollution Control Board against the Appellant's dyeing unit for cotton yarn.
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March 27, 2015: Sarang Yadvadkar & Anr. v. Union of India
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image © Panki Sood
In this Appeal, the State of Maharashtra placed on record a Government Resolution which amended a previous resolution, removing ambiguity regarding certain words that gave leverage for construction of any kind or similar activity within the area near the embankment of a river and for the implementation of the River Regulation Zone policy.
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March 27, 2015: The Goa Foundation v. Goa Coastal Zone Management Authority & Ors.
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The Appellant had challenged the order issued by Goa Coastal Zone Management Authority allowing the construction of a bridge, and also urged for restoration of beach at Querim to its original condition.
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March 27, 2015: Harubai Jagganath Sable & Ors. v. Shradha Stone Crusher & Ors.
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By this Application filed under Section 14(1) of the National Green Tribunal Act, 2010, the Applicant raised the dispute that Respondent No.2 had extracted excessive minor minerals from land though he had been granted permission for excavation of a much smaller area.
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March 31, 2015: Mathur Grama Kudiyiruppor Podu Nala Sangam v. District Collector, Thiruvallur & Ors.
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The Applicant, an association formed to preserve natural resources of the Mathur village and for its welfare, filed an application before the Tribunal alleging that the Respondents 3, 4, 5, 6 and 8 had been indulging in extraction of ground water, illegally digging bore wells and also transporting the extracted water outside the area which had resulted into scarcity of water for the people living in the villages of Mathur and Manjaambakkam.
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image ©Ola Jennersten
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April 1, 2015: Quilon Education Trust v. State of Kerala & Ors.
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The application was filed before the Tribunal seeking an order against the Respondents to prepare a new Coastal Zone Management plan for the submerged land and nearby areas; categorize it as Coastal Regulation Zone II and apply for approval from the Ministry of Environment and Forests.
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April 7, 2015: M/s. Eugene Rent v. Karnataka Pollution Control Board & Ors.
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A case where Respondents were in violation of Water and Air (Prevention & Control of Pollution) Acts, 1974 and 1981. The application sought the grant of permanent injunction against Respondents from running any industry in the premises.
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April 7, 2015: M/s. Shree Ramachandra Aqua Products v. Chairman, Tamil Nadu Pollution Control Board & Ors.
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A case filed against the State Pollution Control Board to grant Consent to Operate to the applicant, a packaged drinking water manufacturing unit, after Consent to Establish and other necessary licenses had already been granted.
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April 8, 2015: M/s. Sivakumar Blue Metal & Ors. v. Appellate Authority, Tamil Nadu Pollution Control Board & Anr.
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The appeal was filed against the order by the State Pollution Control Board wherein the applications to obtain Consent to Operate were rejected and Closure orders served upon the Appellants, who were various stone crushing units.
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April 8, 2015: Shri Satish Kamalakant Navelkar & Ors. v. State of Goa & Anr.
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The application was filed under S.18 (1) read with S. 14, 15, 16 and 17 of the National Green Tribunal Act, 2010 against a mining industry. Mining waste and discharge of untreated water from the mining industry was damaging the agricultural lands of the Applicants.
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April 8, 2015: Cavelossim Villagers Forum & Ors. v. Village Panchayat of Cavelossim & Anr.
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This was a petition filed against the original application which stated that Respondents were violating the Goa Irrigation Act, 1993 and Water (Prevention and Control of Pollution) Act, 1974 because the course of the water bodies in the area had changed due to the interference of the Respondents.
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image ©Pratyush Mohapatra
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April 8, 2015: Arvind Aswal & Ors. v. Arihant Realtors & Anr.
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The application was filed before the Tribunal to quash the Environmental Clearance granted to Respondents for construction of residential-cum-commercial project under the Slum Rehabilitation Authority's (SRA) scheme.
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April 9, 2015: D.V.S. Girish & Ors. v. Secretary to Government (Environment and Ecology) & Anr.
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A case where the Respondents were carrying out construction work within 10 km boundary of a tiger reserve, which was also a global biodiversity hotspot; it was alleged that the constructions were without permission and were a threat to the biodiversity of the area.
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image © Ajay A. Desai
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April 13, 2015: M/s. GJ Multiclave Pvt. Ltd. & Ors. v. M/s. Roma Industries & Anr.
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A case where an order of the Andhra Pradesh Pollution Control Board to reconsider the application for Consent to Establish a Common Biomedical Waste Treatment Facility filed by the Respondents was challenged before the Tribunal.
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April 15, 2015: M/s Varuna Bio Products & Ors. v. Chairman, Tamil Nadu Pollution Control Board & Anr.
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The Appellant challenged the order of the State Pollution Control Board whereby the seaweed dry processing unit of the Appellant was to be closed down and water supply disconnected even though Consent to Establish and Consent to Operate had already been obtained.
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image © Pankaj Kumar Sarkar
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April 16, 2015: Hindustan Engineering and Industries Limited & Ors. v. Gujarat Pollution Control Board & Anr.
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A case where the State Pollution Control Board invoked its power under S. 33 A of the Water (Prevention and Control of Pollution) Act, 1974 and closed down the Appellant industry on account of hazardous effluents being discharged from the unit.
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April 16, 2015: Sunil Shetye v. M/s. Leading Hotel Ltd. & Ors.
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The reconstruction project of the Respondents was within 10 km of the boundary of two states and within 10 km of boundary of other eco-sensitive areas. The Applicants alleged violation of Wildlife (Protection) Act, 1972 and other environmental norms and regulations.
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image © Pankaj Kumar Sarkar
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April 16, 2015: M/s. Champ Energy Ventures Pvt. Ltd. v. Central Pollution Control Board & Ors.
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The Central Pollution Control Board directed the Applicant under section 5 of the Environment Protection Act to recall generator sets without a type approval from the market and required the submission of a bank guarantee of Rs. 2 crore. The order was challenged in this application.
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April 17, 2015: R. Parameswaran v. Amrish Pal Singh Narak & Ors.
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A case where the Applicant had challenged the operation of the Respondent in handling, storing and transporting the sludge/treated effluents/toxic chemicals in a reserve forest from the Respondents' industrial unit.
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April 20, 2015: P. Dhakshinamoorthi v. District Collector, Villupuram & Ors.
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image © Panki Sood
This application was filed to obtain a restraining order against the Respondents from cutting the trees in the property in question for the purpose of construction of hostels for children studying in the nearby private school.
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April 21, 2015: Oil and Natural Gas Corporation v. Ramdas Kohli & Ors.
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A review application was filed seeking to review an interim order by the Tribunal to the Applicant to deposit a sum of Rs. 10 crore towards compensation for any threat caused to the coastal areas due to developmental activities of ONGC.
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April 21, 2015: Jawaharlal Nehru Port Trust v. Ramdas Kohli & Ors.
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A review application was filed seeking to review an interim order by the Tribunal to the Applicant to deposit a sum of Rs. 20 crore toward compensation for any threat caused to the coastal areas due to expansion of port activities of JNPT.
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April 22, 2015: K.G. Mohanaraman v. Tamil Nadu Pollution Control Board & Ors.
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Application was filed to obtain a restraining order against Respondents from laying high transmission lines (HTTL) through the agricultural lands of the Applicant without seeking permission from the owners of the lands and destroying the ecological balance of the village.
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image ©Ola Jennersten
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April 22, 2015: K. Mari v. Chairman, Tamil Nadu Pollution Control Board & Ors.
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This application was filed for closure of an industry which was alleged to be causing pollution. But no actual harm was being caused since 2 out of 3 and subsequently all the entrances had been sealed by an order of the Pollution Control Board.
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April 22, 2015: Shahpura Jan Jagran Evam v. Shri Santosh Jain & Ors.
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The application was filed against a function to be organized by a religious group in a colony in the community park. The complaint was that trees growing in the park were indiscriminately cut down and loudspeakers were also to be used, causing noise pollution.
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April 27, 2015: Rajaram v. Commissioner, Corporation of Chennai & Ors.
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The application was filed by the Applicant to request the Tribunal to direct the Respondents to divert the laying of the water drain pipe line from their residential area and to the Government barren land since it would cause hardships to the residents.
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April 27, 2015: M.P. Muhammed Kunhi & Ors. v. State of Kerala & Anr.
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The application was filed to request the Tribunal to take appropriate action against the Respondents who were engaged in illegal mining of sand in and around the Pamburuthi Island without any Environmental Clearance thereby endangering its balance and safety.
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April 28, 2015: Prashanth Gururaj Yavagal v. Principal Secretary, Forests, Ecology and Environment & Ors.
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The main and the miscellaneous applications were filed so as to challenge the grant of Stage I and Stage II Forest Clearance to the Respondents by the Ministry of Environment and Forests.
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April 28, 2015: K. Murugesan Vs Tamil Nadu Pollution Control Board & Ors.
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The application was filed against a Water Service Station belonging to the Respondent that was being run illegally and without obtaining Consent from the Board and without depositing the necessary license fees to the concerned authority.
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April 29, 2015: Shri N. Selvaraj v. District Collector, Kanyakumari District & Ors.
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The application was filed against a roasted cashew manufacturer alleging that the unit was running without obtaining any consent to establish or operate from the Board.
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April 29, 2015: M/s. Balmer Lawrie & Co. Ltd. v. Chairman, Tamil Nadu Pollution Control Board & Ors.
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The application was filed by a manufacturer of leather chemicals challenging a closure order of the Pollution Control Board which stated that water bodies near the unit had high levels of total dissolved solids (TDS).
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April 30, 2015: S. Manoharan v. Secretary to Government of India, Ministry of Environment and Forest & Ors.
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The application was filed seeking directions from Tribunal to order closure of a marriage hall adjacent to that of the Applicant's house alleging land degradation because improper waste disposal and noise pollution.
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An Application was filed against an order rejecting the renewal of consent by the Karnataka State Pollution Control Board on the grounds of the dispute between the Appellant and his brother with regard to the ownership of the property.
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