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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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7 January 2015: Vanashakti Public Trust & Anr. vs. Maharashtra Coastal Zone Management Authority & Ors.
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A case filed to challenge the communication of the Clearance granted to the project of the Respondent. The issue to be determined was whether such communication could be appealed under Section 16 of the NGT Act, 2010.
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image © Richa Tyagi
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9 January 2015: Shri A. Balakrishnan & Anr. vs. Government of Kerala & Ors.
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This Application was filed to restrain the Kerala State Pollution Control Board from granting any Consent to establish to the Respondent for establishing its industry under the provisions of Water Act and Air Act and to demolish such construction.
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12 January 2015: Shri K. C. Kuttappan & Ors. vs. Shri Muduparambil Rajan & Ors.
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A case, where the counsel for the Respondents had not appeared, which related to fresh permit or renewal of any existing permit or lease.
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image © Ajay A. Desai
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12 January 2015: The Corporation of Coimbatore vs. May Flower Sahkthi Garden & Ors.
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This Application was filed for review of an order of the Tribunal made on 12 February 2014 where the main issue was regarding the period of limitation of the Application.
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12 January 2015: Jamshid Kersi Dalal vs. Union of India &Ors.
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A case filed against the illegal felling of trees in the cantonment area.
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image © Pankaj Kumar Sarkar
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13 January 2015: Goa Foundation & Anr vs. Union of India & Ors.
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It was prayed that the Respondents should not issue any Environmental Clearance under the Environment (Protection) Act, 1986 and the Pollution Control Boards concerned should not issue consent under the Water Act and Air Act as regards the Eco Sensitive Zone in the Western Ghats.
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13 January 2015: Dr. Irfan Ahmad & Ors. vs. Mr. Nawang Rigzin Jora & Ors.
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An Application filed praying for the dumping at the landfill site near Achan wetland, Srinagar to be immediately stopped and such site to be shifted elsewhere.
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image © Richa Tyagi
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13 January 2015: M/s Ahuja Plastics Ltd. vs. State of Himachal Pradesh & Ors.
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An appeal was filed against an order stating that the Appellant Company had failed to produce documents relating to any valid permission from the competent authority for carrying out mining operations in the area in question and transportation of the mineral thereof.
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13 January 2015: Mrs. Libertina Fernandes vs. Goa Coastal Zone Management & Anr.
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An Application was filed challenging the correctness of an order passed by the Goa Coastal Zone Management on the grounds of it being against the principle of natural justice and non-Application of mind.
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13 January 2015: Tril Info Park Limited vs. The State Environment Impact Assessment Authority
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image © Panki Sood
The Application was filed seeking to set aside the proceedings of the SEIAA and also to direct the Respondent to consider the Application made by the Applicant for the proposed expansion.
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13 January 2015: Goa Paryavaran Savrakshan Sangharsh Samitee vs. M/s H. L. Nathurmal & Ors.
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96 Applications were filed to address a common question of law i.e. should the Tribunal exercise its jurisdiction as per Section 15 & 18 of the National Green Tribunal Act, 2010, in view of the judgment in Goa Foundation v. Union of India and Ors., (2014) 6 SCC 590.
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13 January 2015: M/s. Laxmi Suiting vs. Chairman, Rajasthan State Pollution Control Board
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The Applicant challenged the legality of the order wherein Jodhpur Pradushan Niwaran Trust demanded an additional sum of Rs. 3,00,000/- from the applicant on the ground that it had upgraded its Common Effluent Treatment Plant.
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13 January 2015: Himmat Singh Shekhawat & Ors. vs State of Rajasthan &Ors.
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Many Applications were clubbed into one Application wherein it was prayed appropriate action should be taken against all sand mining which was being carried on without seeking prior Environmental Clearance & to prevent illegal mining.
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image ©Ola Jennersten
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13 January 2015: Mohali Industry and Commerce Association vs. State of Punjab &Ors.
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This Application was filed against the pollution caused by the illegal dumping of Municipal Solid Waste (MSW) by the Municipal Corporation, Mohali in rivulet "Patiala Ki Rao" and in the surrounding areas.
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13 January 2015: Manoj Misra & Anr. vs. Union of India & Ors.
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An Application filed protesting the encroachment and dumping of building debris and other solid waste in the river bed/flood plain and even into the natural water body of River Yamuna.
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13 January 2015: Prem Chand Guleria & Anr. vs. Union of India & Ors.
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The Applicant prayed the official Respondents be directed to stop the illegal and unauthorised mining activity and stone crusher plant being run by Respondent No. 5 and pay compensation for damages.
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13 January 2015: Rajiv Narayan & Anr. vs. Union of India & Ors.
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This case was filed against the air pollution and health hazards caused by the industries emitting black smoke and praying for inter alia closing of the polluting industries and strict implementation of prescribed standards.
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13 January 2015: M/s Techno Engineering & Rubber Industries vs. Maharashtra Pollution Control Board & Anr.
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This Appeal was filed challenging the order closing down the industrial unit of the Appellant under the Water Act and the Air Act.
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14 January 2015: Nirma Ltd. vs. Ministry of Environment & Forests & Ors.
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This Application was filed concerning the project of setting up of a cement plant in wetland area and the environmental clearance granted to it.
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14 January 2015: Sarang Yadwakar & Ors. vs. The Commissioner, Pune Municipal Corporation & Ors.
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A case filed for cancellation of construction of all roads falling in flood plains of all rivers and for recovery of cost incurred on the construction of the road and for removal of debris from all concerned persons and officers.
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14 January 2015: Lokendra Kumar vs. State of U.P. & Ors.
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Many Applications were filed pertaining to quarrying brick earth without obtaining environment clearance and also for a direction against the Respondents to comply with the directions of the MoEF.
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14 January 2015: Lokendra Kumar vs. State of U.P. & Ors.
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Many Applications were filed pertaining to quarrying brick earth without obtaining environmental clearance and also for a direction against the Respondents to comply with the directions of the MoEF.
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15 January 2015: Kranti Sahakari Sakhar Karkhana Ltd. vs. The Revenue & Forest Department, Maharashtra & Ors.
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An appeal was filed seeking permission under Section 2 of the Forest (Conservation) Act, 1980 to use a part of forest land for construction work buildings for educational purposes.
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15 January 2015: Nagrik Upbhogta Margdarshak Manch & Anr. vs. State of Madhya Pradhesh & Ors.
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This Application was filed against the ill effects of electrical and electronic waste which was leading to environmental degradation.
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15 January 2015: Ajay Dubey vs. State of Madhya Pradesh & Anr.
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The Applicant filed the Application for strict compliance of the provisions of the Water Act and Air Act and the environmental rules and norms by the Respondents after being granted an Environmental Clearance.
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19 January 2015: Shri E. Seshan vs. Union of India & Ors.
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The Applicant sought an order prohibiting from any construction and felling of trees within the campus of the Respondent and regulate the kinds of activities and events that could be conducted within the campus.
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22 January 2015: Sandeep Azrenkar & Anr. vs. State of Goa & Ors.
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In this Application the Applicants claimed that the concerned area was Forest Area and therefore, no further development activities could be permitted in the said plot without prior approval under the Forest Conservation Act.
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27 January 2015: Wireless Colony Cooperative Housing Society vs. Chaitrali Builders/Sumashilp (P) Ltd. & Ors.
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This Application was filed alleging that the activities of Respondents were causing noise pollution in the Applicant's society exceeding the norms.
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28 January 2015: Mr. V. Chandirasekar vs. Union of India &Ors.
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This Application was filed seeking for a direction to the Respondents to pass appropriate orders to cancel / withdraw all licenses and issue appropriate direction to the Respondents to stop the commencement of the steel plant in the area.
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29 January 2015: M/s. Jeyam Metal Industries vs. Assistant Engineer (O&M), TANGEDCO & Ors.
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An Application was filed against the mala fide intention behind a notice issued by the Respondent.
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29 January 2015: Vanashakti A Public Charitable Trust & Anr. vs. Union of India & Ors.
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The Appeal was filed challenging Office Memorandums issued by MoEF regarding moratorium on development activities in ecological sensitive areas of Western Ghats and direct the MoEF not to grant any Environmental Clearance in ecologically sensitive zones 1 and 2.
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29 January 2015: Vinod Raichand Jain vs. Union of India & Ors.
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TThe Applicant sought injunction against tree cutting and public auction in respect of those trees which were planned to be cut/felled.
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30 January 2015 : Suo motu case The News Item of Plan for a Cricket Stadium in Tirupathi in "The Hindu" dated 21.11.2013 vs. Union of India & Ors.
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A news item in the "The Hindu" under the caption "Plan for stadium at Thirupathi raises eyebrows" was published and the Tribunal took cognizance of it and thought it fit to take suo motu proceedings and notices were served to the Respondents.
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30 January 2015: Shri Subramani vs. District Environmental Engineer, Tamil Nadu Pollution Control Board &Ors
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This Application was filed seeking a direction to the Tamil Nadu Pollution Control Board to consider the Applicant's representation regarding the noise pollution caused by the 4th Respondent.
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3 February 2015 - Mr. Charudatt Pandurang Koli vs. M/s Sea Lord Containers Ltd. & Ors.
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The Applicants raised concerns over the air pollution caused due to emissions of Volatile Organic Compounds (VOC) due to loading, storage and unloading of the chemicals caused by Respondent Nos. 1 and 2.
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5 February 2015 - M/s Sripathi Paper & Boards (P) Ltd. vs. Tamil Nadu Pollution Control Board
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This Application was filed against the order passed by the Tamil Nadu Pollution Control Board by which it had directed the Applicant to re-export the cargo of 10 containers said to contain "Municipal Solid Waste" and hazardous waste immediately.
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5 February 2015 - M/s B.S.M. Infra Private Limited vs. Appellate Authority, Tamil Nadu Pollution Control Board
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Two Appeals were directed against the orders of the Appellate Authority which had considered the orders of the Tamil Nadu Pollution Control Board rejecting the Application filed by the Appellant for the purpose of extension of their crushing unit.
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5 February 2015 - M/s Thavamani & Company vs. Assistant Engineer, TNEB
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Application filed for electric service connection for the purpose of maintaining the machinery and membranes in the Applicant's unit.
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5 February 2015 - Mathialagan vs. Union of India &Ors.
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An Appeal was directed against the impugned order of the State Environmental Impact Assessment Authority (SEIAA), Tamil Nadu by which the SEIAA granted an approval of Environmental Clearance (E.C.) for the 6th Respondent.
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5 February 2015 - M/s. Shanthi Gears Limited vs. The Tamil Nadu Pollution Control Board & Ors.
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An Application was filed against the order of the Tamil Nadu Pollution Control Board by which the electricity supply of the Applicant unit had been directed to be stopped.
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6 February 2015 - M/s Sai Annapoorna Bio-Proteins Pvt. Ltd. vs. Karnataka State Pollution Control Board &Ors.
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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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6 February, 2015 - Shri R. Murugesan vs. Commissioner, Maraimalainagar Municipality & Ors.
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An Application was filed against certain hazardous activities caused by the 3rd Respondent and where appropriate steps were to be taken by the 1st and 2nd Respondents.
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12 February 2015 - Vikrant Kumar Tongad vs. Delhi Tourism and Transportation Corporation &Ors.
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An application was filed challenging construction of a 'Signature Bridge' across River Yamuna on the ground that the said construction had commenced and was being carried on without obtaining prior Environmental Clearance.
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17 February 2015 - Amol S/o Ashokrao Raut vs. The State of Maharashtra
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The Applicants prayed for the Draft Revised Development Plan published in the Official Gazette to be quashed and for the Respondents to not act upon the same.
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18 February 2015 - Anurag Modi vs. State of Madhya Pradesh
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This Application was originally filed as a writ petition whereby the Applicant noticed large scale illegal mining and loss of revenue to the State of Madhya Pradesh.
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18 February 2015 - Mr. Kashinath Laxman Dagale & Ors. vs. Maharashtra Pollution Control Board & Ors.
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This Appeal was filed challenging the order of MPCB granting authorization to the Respondent for setting up of Municipal Solid Waste Processing and Disposal Facility at village Kojuli, District Nashik.
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19 February 2015 - Tulsi Ram Advani vs. State of Rajasthan
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As per the Applicant, the order passed by the Principal Chief Conservator of Forests, clarifying that charcoal produced from the wood of Vilayati Babul did not require permit for transportation within the limits of State of Rajasthan was illegal and without any jurisdiction.
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23 February 2015 - Gajanan Balaram Patil vs. City and Industrial Development Corporation & Ors.
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By filing this Application the Applicant sought certain directions relevant to construction over allegedly natural water body, which was referred to be a water pond, in the project land of the Respondent.
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23 February 2015 - Ram Swaroop Yadav vs. State of Rajasthan
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This matter was transferred by the High Court of Rajasthan whereby 5 stone crushing units of Respondents No. 5 to 9 had been established and were operating over the land which was disputed to be forest land.
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24 February 2015 - Suo motu case News items published in The Hindu dated 22.10.2013 "Tribals Clear Forest Bushes in Tiger Reserve Area" vs. Ministry of Environment and Forest &Ors.
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This application was taken on suo motu cognizance by the Tribunal on a News item that the Tiger Reserve Forest Area was encroached upon by the tribal people
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26 February 2015 - Mr. A. N. Kandasamy vs. Tamil Nadu Pollution Control Board & Ors.
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This Application was filed where it was prayed by the Applicant that the Consent order to the Respondent should not be given and appropriate action should be taken against the Respondent for causing pollution and without obtaining proper permission for operation.
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26 February 2015 - Mrs. Libertina Fernandes vs. Goa Coastal Zone Management
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The Applicant filed a Review Application on the ground that material provisions of the Environment (Protection) Act, 1986 and the NGT Act had not been brought to the notice of the Tribunal during the course of hearing, resulting in miscarriage of justice.
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27 February, 2015 - Smt. Parwati Ben Bhanabhai Patel vs. Union of India
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Through this Application the Applicants sought damages caused to their agriculture lands, eco-system and environment due to spillage of hazardous wastes from Vapi Common Hazardous Waste Treatment Storage and Disposal Facility (CHWTSDF) of the Respondents.
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27 February 2015 - Ramdas Janardan Koli vs. Ministry of Environment and Forests
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The Applicants were fishermen seeking compensation for loss of livelihood due to project activities of the Respondents, as well as implementation of rehabilitation of their families, who were unsettled on account of the projects in question.
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