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Green Tribunal Digest brings to you summaries and original orders of cases decided at 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 subject of forest, environment, biodiversity, air and water.
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11th November 2013: Sandeep Lahariya Vs State of M.P. Ors.
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A Case filed with a prayer to direct the respondents to ensure compliance of the Plastic Waste (Management and Handling) Rules, 2011 in letter and spirit and to stop use, sale and storage of plastic carry bags and packaging due to the extensive environmental damage it causes.
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image © Anil-Cherukupalli
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25th November 2013: The Gram Panchayat Tiroda Anr. Vs The MoEF Ors
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A Case filed wherein the Appellants have filed this Appeal against the order of the Respondent, whereby the Ministry of Environment and Forests revived an Environment Clearance (EC) for the project Tiroda iron Ore Mine at village Tiroda, in favour of M/s Gogte Minerals.
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26th November 2013: Andhra Pradesh Pollution Control Board Vs M/s. Visakha Industries Ltd and another
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A Case filed wherein the applicant challenges the setting aside of an order by the appellate authority which set aside the Order to stop all activity of Andhra Pradesh Pollution Control Board and shift to an alternative site.
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image © Ajay A. Desai
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28th November 2013: National Green Tribunal Bar Association Vs Ministry of Environment Forests and Ors.
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A Case filed by the State Mining Corporation, Madhya Pradesh, for intervention against the NGT orders in another application wherein the NGT banned all forms of illegal sand mining nationwide.
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28th November 2013: Medha Patkar Ors. Vs MoEF Ors.
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A case filed to review an earlier order of the Tribunal whereby an appeal filed within the period of limitation was not barred by time and the objection taken by the applicant in regard to the appeal being barred by time was without substance and, thus, permitted the appeal to be heard on merits. The applicant has challenged the limitation again.
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image © Pankaj Kumar Sarkar
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28th November 2013: Nicholas H. Almeida Vs M/s Lenzing Modi Fibres India Pvt. ltd. Ors.
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A case filed to raise certain issues related to Environment Clearance and consent to Establish granted to M/s. Lenzing Modi Fibre India Ltd. who has proposed a project for manufacturing of Viscose Fibers with Captive Power Plant (16 MW) at Maharashtra Industrial Development Corporation (MIDC). The Respondent has raised the question of maintainability of the application on the ground of limitation.
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28th November 2013: Haat Supreme Wastech Pvt. Ltd. Ors. Vs State of Haryana Ors.
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A Case filed to ask a pertinent question: "Whether or not the bio-medical waste disposal plants require Environmental Clearance (EC) in terms of the Environmental Clearance Regulation, 2006.
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image © Pankaj Kumar Sarkar
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29th November 2013: Akhil Bharat Krishi Goseva Sangh (Mumbai) Vs Maharashtra Pollution Control Board
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A case filed against "Deonar Abattoir", a slaughter house on the ground of illegal trading and slaughtering of healthy animals. The Tribunal addressed an important question about the need for slaughter houses even though a lot of people may wish it away.
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6th December 2013: M/s. Divya Granites and Ors Vs. Karnataka State Pollution Control Board
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This appeal was filed by the appellants against the respondent's order for closure of appellants' units. The appellants' units are engaged in granite cutting and polishing near the river bank and thereby causing water pollution and affecting the people living there. The appeal was rejected by the Tribunal , thus confirming the closure order.
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6th December 2013: Mohd. Mubeen Vs Anees Ahmed Ors.
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image © Panki Sood
This application was filed under Section 18 of the National Green Tribunal Act, 2010 against the respondents indulged in deforestation, harmful to the environment. The said application was disposed of as the disputed area was a "Ghana Jungle" and protected by the Forest (Conservation) Act, 1980.
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11th December 2013: Shri M. Selvaraj Vs. The Chairman Tamil Nadu Pollution Control Board, Chennai
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This application has been filed to challenge the respondent's order for closure of appellant's unit of manufacturing packaged drinking water and for disconnected electric supply to the unit. The application has been partly disposed of by allowing the restoration of electric supply but closure of appellant's unit.
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11th December 2013: S. Uma Maheswari Narammalpuram Vs The Tamil Nadu Pollution Control Board Chennai
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This application was filed by the applicant for the grievance caused due to extreme sound, noise and unbearable vibrations experienced by the people of the villages and other residential areas due to the operation of power plant installed by one of the respondent. The application was disposed of with directions to the respondents to consider the representation of the applicant.
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11th December 2013: Lokmangal Sanstha Vs Sanjay Wadettiwar
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This application was filed by the applicant/Lokmangal Sansthan against the permission granted in favor of the Respondents for the construction of Sai Rice Mill in the proximity of Lokmangal Sanstha, being illegal and void-ab-initio. Tribunal directed the respondent to renew the consent of Rice Mill only if adequate measures are taken according to the law.
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image ©Ola Jennersten
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12th December 2013: Satish Kumar Vs Union of India Ors.
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The present application arose from writ petitions filed against the environmental pollution caused from burning of plastic, leather, rubber, motor engine oil and other waste material. It remained pending for assessment of damages.
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13th December 2013: Bharat kumar K. Patel Vs MoEF and Ors.
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This application was filed by the aggrieved person regarding the proposed development of 5000 Hectare port based multi-product SEZ in Kandla which was alleged to be in violation of CRZ Notification 2011, Environment (Protection) Act, 1986. Though the appeal was dismissed on the ground of limitation, but the applicant was granted opportunity to present his views and represent his case by filing application to MoEF.
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13th December 2013: Samta and Another Vs MoEF and Ors.
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The present case deals with an appeal filed by a registered NGO and a socio-environment group working for the welfare of the local communities and creating awareness on environmental issues, to quash the Environmental Clearance (EC) granted by the Ministry of Environment and Forest (MoEF) , for a coal based Thermal Power Plant near Komarada village in Vizianagaram District, Andhra Pradesh. The Tribunal disposed of the appeal by directing the EAC to consider each and every issue separately before granting EC.
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17th December 2013: M/s P Kantarao Pynampuram village and others Vs The Secretary to Government Ministry of Environment and Forests, New Delhi and Ors.
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This appeal was made by the appellants against the respondents regarding relocation of ash pond by the Andhra Pradesh Power Development Company Ltd. and to conduct a fresh public hearing for granting EC, regarding the same. Tribunal dismissed the present appeal and held that such relocation does not require any fresh EC.
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19th December 2013: Dr. Subhash C. Pandey Vs State of M.P. Ors.
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This application has been filed by the applicant against the State Governments of Madhya Pradesh, Chhattisgarh & Rajasthan and their respective Pollution Control Boards for not taking effective steps for preventive pollution of the water bodies caused due to the immersion of idols during festivals. The said application was disposed of by directing the State Pollution Control Boards to ensure the standards and quality of water and air.
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19th December 2013: Mrs. M. Saraswathi Proprietor Ohm Sakthi Blue Metals Vs. The District Environment Engineer Tamil Nadu Pollution Control Board Perundurai and Ors.
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It is an appeal challenging that an order of the Appellate Authority, Tamil Nadu Pollution Control rejecting the application for consent made by the appellant under Water Act, 1974 and Air Act, 1981 for operation of the stone crushing unit of the appellant. The said appeal was dismissed due to illegality as the required consent was not obtained under the Water Act.
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image ©Pratyush Mohapatra
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20th December 2013: Mr. Vitthal Gopichand Bhungase Vs The Ganga Sugar Energy Ltd. Ors.
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This case was filed under Section 14, 15 and 17 of NGT Act 2010. It was filed against respondent No.1 regarding the discharge of toxic effluents in the Mannath Lake. The Tribunal directed the respondent to pay an interim relief of 50 lacs as compensation for the loss of aquatic life.
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20th December 2013: Paryavaran Mitra (Janvikas) and Ors. Vs Gujarat State Pollution Control Board and Ors.
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This application was filed by the applicants against the respondents alleging the air pollution and water pollution caused by the Rajkot Municipal Solid Waste disposal and landfill management site at village Nakravadi, managed by Rajkot Municipal Corporation and M/s Hanjer Biotech Energies Pvt Ltd. The said application was disposed of and the respondent was directed to pay Rs. 1,00,000/- to the applicants.
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