Email not displaying correctly? View it in your browser
GREEN TRIBUNAL DIGEST
CASE SUMMARIES OF NATIONAL GREEN TRIBUNAL's ORDERS VOL 17: May 2014
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.

1 May 2014: M/s Champ Energy Ventures Pvt. Ltd. Vs MoEF and Ors
The Application was filed to seek directions against ARAI, to grant type approval/COP for six models of bio-fuel gas Gensets, petrol start/petrol run models and sought further directions including direction to CPCB that no instructions shall be issued to ARAI to discontinue internal process of Type Approval/COP of six petrol start/petrol run Gensets, manufactured by the Applicant.
» Read More

Image

image © Vishaish Uppal

1 May 2014: Laxmi Suitings Vs State of Rajasthan and Ors.

In this case, the State of Rajasthan had handed over a piece of land to the Rajasthan State Industrial Development and Investment Corporation Limited for setting up an industrial area. Disputes were in relation to such units in which case the tribunal disposed of the application with directions to RIICO, Members of Trust, and Industries along the drain etc.
» Read More

6 May 2014: Sandeep Sanghavi Vs Tree office
The application sought the abolition of existing tree authority and the formation of a new tree authority and with relation to non-compliance with the provisions of Maharashtra (Urban Areas) Protection and Preservation of Trees Act, 1975 .Tribunal held that the Principal Bench has elaborately dealt with the same issue and it is not desirable to reiterate the same facts. Tree cutting activity cannot be disassociated from the environmental issues.
» Read More

Image

image © Panki Sood

6 May 2014: Neel Choudhary Vs District Collector, Indore

This Application was filed under Section 18 of the National Green Tribunal Act, 2010 highlighting the problems arising out of running of marriage gardens, function halls and similar activities of holding parties etc. in such premises in and around the city of Bhopal resulting in pollution of the environment.
» Read More

7 May 2014: Chandrika Prasad Sonkar Vs Union of India
Applicant sought to raise the issue with regard to violation of the conditions of the EC dated 4 June 2013 granted to the intervener by SEIAA. The Applicant has submitted that he may be permitted to withdraw this petition with liberty to file a fresh application before this Tribunal, either indicating the ground challenging the EC or against the alleged violation of the conditions of the EC with supporting documents.
» Read More

Image

image © Ameen Ahmed

8 May 2014: Jagat Ram Chicham Vs State of M.P. Ors

The petition was filed in the High Court with a prayer to issue Writ of Mandamus to the Respondent Nos. 1 & 2 and restrain the functioning of Respondent No. 4, Madhya Pradesh Forest Development Corporation from cutting trees in the forest. On transfer, Tribunal on considering the above facts provided directions to the State Government and the Forest Department to settle the matter.
» Read More

15 May 2014: Sukhjeet Singh Ahuwalia Vs Gurudwara Gurnanak Mandir Trust and Ors
This Application was filed for taking on record the documents including copy of the cheque drawn on Bank of Mahrashtra. Since the matter has been resolved amicably, the Tribunal disposed off the petition.
» Read More

Image

image © Vishesh Uppal

15 May 2014: Kailash Chand Meena Vs State of Rajasthan

In this Case, Tribunal allowed the application and directed that, under the Rajasthan (Forest) Act, 1953 there are ample powers with the forest officers for proceeding against the trespassers in forestland, as this land continues to be recorded as forest since the order of SDO has been set aside. The tribunal directed to give liberty to the forest officials to proceed against the trespassers under the Rajasthan (Forest) Act, 1953.
» Read More

15 May, 2014: Ramakant Mishra and Ors Vs Bharat Sanchar Nigam Chhindwara and Ors

In this case, the parties submitted that since the issues raised in this application are similar to the one which is being dealt with by the Supreme Court on the matter arising out of the judgment of High Court of Rajasthan, the present application may be disposed of with the directions that the parties shall abide by the decision given by the Supreme Court on the issues which had been raised in the present application.
» Read More

16 May 2014: Dr. (Sau) Nandini Sushrut Babhulkar Vs MIDC Kolharpur Ors
image © Anil Cherukupalli

The Original Appellants preferred Appeal against the Environment Clearance (EC) certificate granted by the Respondent No.3 -SEIAA of the State of Maharashtra, in favour of Respondent No.4 M/s AVH Chemicals P Ltd. The tribunal decided to allow the Application and held that the Appeals are barred by limitation.
» Read More
16 May 2014: Janardan Pharande Vs MoEF Ors

A case was filed against the pollution in River Nira. Tribunal allowed the application with several conditions among which were; The Respondent Nos.2, 2A and 2B or any other industry which may take over the unit/units shall not discharge effluents of the Distillery/spent wash of the Industry in Buvasaheb Nala and Saloba Nala or any part of the River 'Nira'.
» Read More

16 May 2014: Janardan Pharande Vs MoEF Ors
A case was filed against the pollution in River Nira. Tribunal allowed the application with several conditions among which were; The Respondent Nos.2, 2A and 2B or any other industry which may take over the unit/units shall not discharge effluents of the Distillery/spent wash of the Industry in Buvasaheb Nala and Saloba Nala or any part of the River 'Nira'.
» Read More

Image

image © Ajay A. Desai

16 May 2014: Munnilal Girijanand Shukla Ors. Vs Union of India Ors

This is an Application filed for condonation of delay under Section 5 of the Limitation Act, read with Section 14 (3) and 18 of the National Green Tribunal Act, 2010. Tribunal held that the Application for condonation of delay is without any merits. Furthermore, it was held that the main Application is filed beyond the limitation, and otherwise it is not maintainable, in view of tenor of the prayer-clauses, stated in the Application.
» Read More

16 May 2014: Vinesh Madanyya Kalwal Vs State of Maharashtra Ors
The High Court Judicature at Bombay, Bench Nagpur, transferred the PIL to this Tribunal. The High Court has taken Suo Motu cognizance of the public cause in respect of increase in air pollution levels allegedly caused by M/s Lloyds Metal and Engineering Ltd. Tribunal decided to partly allow the Application and gave several directions along with the direction for a joint inspection and monitoring of the industry done by a team of CPCB and MPCB in four weeks and for further action based on the same.
» Read More

Image

image © Pankaj Kumar Sarkar

20 May 2014: Ram Singh and Ors. Vs Union of India Ors

A case filed with the prayer that the record pertaining to allotment and grant of mining leases to Respondent Nos. 7 & 8 in Khasra Nos. 155, 157 and 207/1 situated at village Hasampur, Tehsil Neem-Ka-Thana, District Sikar, Rajasthan be re-examined as the aforesaid comprises pasture land which is a part of the Aravali Range. Tribunal held that it is expected that the concerned authorities shall initiate action following the procedure prescribed.
» Read More

21 May 2014: Shyam Narayan Choksey Vs Municipal Corporation Bhopal
Both parties have unanimously submitted that the matter pertains to removal of encroachments from the Siddique Hasan Talab in the city of Bhopal resulting in pollution. The case is under active consideration and adjudication by the High Court of Madhya Pradesh and directions in the above noted writ petition are being issued regularly. It was held that since the High Court is seized of the matter there cannot be parallel proceedings in the Tribunal on identical issues.
» Read More

Image

image © Pankaj Kumar Sarkar

22 May 2014: Roop Vihar Nagrik Vs State of Rajasthan

The applicant had raised the dispute of keeping the open space in plot no. 3-B as Children Park/ green belt in Sewage farm, New Sananger Road, Jaipur stating that the same had been earmarked for the said purpose only. Tribunal decided to dispose of this application after considering the reply of the Respondents as well as compliance report submitted by the Jaipur Development Authority.
» Read More

27 May 2014: Ramdas Janardan Koli Vs The State of Maharashtra

Applicants on behalf of "Paramparik Macchimar Bachao Kruti Samiti" have filed class action vide the instant Application, seeking various reliefs, particularly, in respect of rehabilitation of the fishermen, who are affected on account of construction, reclamation of the lands and other activities of Jawaharlal Nehru Port Trust (JNPT) as well as to protect the environment.
» Read More

27 May 2014: M/s Ardent Steel Limited Vs MoEF and Anr
image © Panki Sood

The question raised in the Application was whether on its true construction and scope, a pelletization plant would fall under Entry 3(a) (Metallurgical industries) (ferrous and non-ferrous) of the Schedule to the Environmental Clearance Regulations, 2006 (for short 'Regulations of 2006'). The Tribunal held that pelletization is a process that falls under the head "primary metallurgical industry". Industries carrying on the process of pelletization would be required to seek Environmental Clearance in terms of the Regulations of 2006.
» Read More
28 May 2014: R. S. Bapna Vs Commissioner Indore Municipal Corporation and 2 Ors

An Application filed to protect trees outside the house of the applicant on the road, allegedly being cut by the Indore Municipal Corporation Authorities in contravention of the law and without permission of the Tree Officer. Tribunal directed that the respondent shall depute an officer for carrying out the census of the trees in the presence of the applicant or his representative and the report of such census shall be filed before this Tribunal.
» Read More

28 May 2014: Mr. Hrishikesh Arun Nazre Ors Vs Municipal Corporation Nasik Ors

A case filed to question the authenticity and procedure relating to constitution, formulation and particulars about the tree committee. The Tribunal did not find any substance in the Application. Since the issues were addressed by the High Court, therefore, the Application did not survive any more.
» Read More

28 May 2014: Shri P. Prasad Pathanamthitta Kerala Vs Union of India and MoEF
An application filed against the order of Ministry of Environment and Forests dated 18.11.2013, granting Environmental Clearance to M/s. KGS Aranmula Air Port Ltd., to set up an airport at Mallappuzhasserry, Aranmula and Kidangannur villages in Kerala.
» Read More
28 May 2014: Awaaz Foundation and Anr Vs State of Maharashtra and Ors.

A case filed to raise issues pertaining to illegal extraction of sand from Sea belt in blatant violation of CRZ Notification of 1991, illegal dredging activities in the coastal and River areas, of the State of Maharashtra, inaction on part of the authorities to control the illegal activities of illegal sand mining/dredging of sand, transportation thereof.
» Read More

29 May 2014: Mr. S.K. Shetye Anr. Vs MoEF Ors

The Applications relate to a dispute regarding location of Municipal Solid Waste Disposal site of Mormugao Municipal Council and associated activities, and non-compliance of provisions of the Municipal Solid Waste (Management and Handling) Rules, 2000, and Coastal Zone Regulations of 1991.
» Read More

30 May 2014: Amit Kumar Vs Union of India Ors.
This Application was filed for modification of Supreme Court direction against the respondents to prevent illegal and unauthorized construction works undertaken by the developers within a radius of 10 Kms. from the boundary of the Okhla Bird Sanctuary.
» Read More

Image

image © Ajay A. Desai

30 May 2014: Latif Beg Ors. Vs MoEF and Ors.

This Application is filed by the residents of the affected villages seeking an order directing the Respondents not to operate the MSW plant before obtaining EC clearance as per EIA Notification 2006 and fresh authorization as per Municipal Solid Waste (Management and Handling) Rules 2000.
» Read More

31 May 2014: Krishan Kant Singh Anr. Vs National Ganga River Basin Authority Ors.

This Application was filed seeking directions to the respondents to stop releasing harmful effluent from Simbhaoli Sugar mill and Distillery and Gopal Ji Dairy (Respondents no. 7 and 8 respectively) into Simbhaoli Drain and finally into the River Ganga.
» Read More

These summaries have been extracted from the actual Tribunal orders and this digest is an attempt by CEL, WWF–India to make it available to a cross-section of people for ready reference. This Digest contains summaries from May 2014 only. No Judgements were given in June due to court holidays.

All images used for representational purposes only.