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National Green Tribunal Southern Zone vs Union Of India Rep. By Its Secretary ... on 2 September, 2022

(iv) The implementation of the remediation process both short-term and long-term has to be monitored by the CPCB and the SPCB and if there is any further study required, then they are directed to suggest the same and the expenses for conducting the study has to be met by the State Government initially and after completion of the process, they can take steps to recover the amount from the persons/industries who were responsible for such contamination applying the 'Polluter Pays' principle as directed by the Hon'ble Apex Court in Vellore Citizens Welfare Forum Vs Union of India & Ors.5
National Green Tribunal Cites 16 - Cited by 3 - Full Document

Vijay Singh vs State Of Rajasthan on 22 December, 2021

41. It may be stressed that in Vellore Citizens' Welfare Forum case [Vellore Citizens' Welfare Forum v. Union of India, (1996) 5 SCC 647] , this Court had banned the tanneries when it was found that they were causing immense damage to the environment. Thus, environment protection, which is a facet of Article 21, was given supremacy over the right to carry on business enshrined 50 in Article 19(1)(g). We state at the cost of repetition that right to health, which is recognised as a facet of Article 21 of the Constitution and, therefore, is a fundamental right, assumes greater importance. It is not only the petitioners and other applicants who have intervened in support of the petitioners but the issue involves millions of persons living in Delhi and NCR, whose right to health is at stake. However, for the time being, without going into this debate in greater details, our endeavour is to strive at balancing of two rights, namely, right of the petitioners under Article 21 and right of the manufacturers and traders under Article 19(1)(g) of the Constitution.
National Green Tribunal Cites 23 - Cited by 0 - Full Document

Central Pollution Control Board vs News Item Published In ,Asian Age, ... on 29 August, 2022

219. If we go through the details of our orders, the very first order dated 13.12.2018 whereby suo-moto cognizance was taken by this Tribunal pursuant to identification of 88 industrial clusters with CEPI score in 2009-2010 and 100 such clusters in 2018. Tribunal noted in para 5 and 6 the purpose of economic development and also the causes of pollution by industries. It relied on Supreme Court decision in Karnataka Industrial Areas Development Board vs. C. Kenchappa & Ors (supra) and Vellore Citizens Welfare Forum Vs. Union of India (supra). Tribunal observed that humanity must take no more from nature than man can replenish and that people must adopt lifestyles and development paths that work within the nature's limit. It accordingly directed SPCBs/PCCs to take time bound action plan. The said directions contained in paras 9 to 13, we have already quoted above. We may summarise the directions as under:
National Green Tribunal Cites 102 - Cited by 0 - A K Goel - Full Document
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