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Showing contexts for: environment act in In Re : T.N. Godavarman Thirumulpad vs Union Of India And Ors. on 31 January, 2024Matching Fragments
44 Forest (Conservation) Act 1980, s. 3.
iv. The Central Government, in exercise of its power under Section 3 of the Environment (Protection) Act, 1986 constitutes the State Environment Impact Assessment Authorities (SEIAA) at the state level to grant prior environmental clearance to certain projects, as specified in the Environment Impact Assessment Notification. v. National Biodiversity Authority and State Biodiversity Boards are constituted under the Biological Diversity Act, 2002.45 The National Biodiversity Authority has the power to grant permission for obtaining biological resources and to regulate matters pertaining to the grant of such permission, including intellectual property rights. The Authority also advises the Central Government on conservation and sustainable and equitable use of biodiversity, the State Governments on the management of heritage sites, and such other functions as may be prescribed by the Central Government. 46 The State Biodiversity Boards are tasked with advising State Governments on conservation and sustainable and equitable use of biodiversity, regulating the grant of 45 Biological Diversity Act, 2002, ss. 8 and 22. 46 Biological Diversity Act, 2002, s. 18.
approvals for commercial utilisation, biosurvey and bio utilisation of biological resources in India, and such other functions as may be prescribed by the State Government.47 vi. National Green Tribunal (NGT) has been constituted by the Central Government by notification under the NGT Act, 2010.48 It has jurisdiction over all civil cases where a substantial question relating to the environment is involved and such question arises out of implementation of various legislations pertaining to the environment. 49 The NGT also has appellate jurisdiction over certain matters arising out of the Water (Prevention and Control of Pollution) Act, 1974; Forest (Conservation) Act, 1980; Air (Prevention and Control of Pollution) Act, 1981; Environment (Protection) Act, 1986; and Biological Diversity Act, 2002.50 In Municipal Corporation of Greater Mumbai v. Ankita Sinha,51 this Court has held that the NGT is a sui generis body with allencompassing 47 Biological Diversity Act, 2002, s. 23.
66 ibid.
67 ibid.
68 Constituted by the Central Government under Section 3(3) of the Environment Protection Act pursuant to Supreme Court Directions in S. Jagannath v. Union of India, (1997) 2 SCC
87. 69 Constituted by the Central Government under Section 3(3) of the Environment Protection Act pursuant to Supreme Court Directions in M.C. Mehta v. Union of India, (1997) 11 SCC
312. 70 Constituted under the Forest (Conservation) Act, 1980. 71 Constituted under the Biological Diversity Act, 2002. 72 ibid.
82 Constituted by the Central Government under Section 3(3) of the Environment (Protection) Act, 1986.
the environment and ecology because the scrutiny by regulators was felt to be insufficient. Their judgment, review, and consideration did not inspire confidence and therefore, the Court took up the issue and would decide the case. In this process, a large number of decisions rendered by this Court on sensitive environmental, forest, and ecological matters constitute the critical mass of our environmental jurisprudence. This Court would continue to exercise judicial review, particularly in environmental matters, whenever necessary.