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M/S. Rhythm County vs Satish Sanjay Magade on 10 October, 2023

51. If we examine in light of the order of the Hon'ble Supreme Court in Municipal Corporation of Greater Mumbai Vs. Ankita Sinha: (2022) 13 SCC 401, and M/s Rhythm County case noted above, we found that the calculation method which has been initiated by the CPCB methodology finds support and further action has been initiated in accordance with this method. The Hon'ble Supreme Court has clearly laid down that the adopting an applicability of the CPCB methodology does not depart the judicial function rather it evidences an exercise of informal discussion 80 where expert finding were gauged, filtered and integrated into a reasoned adjudicatory outcome. Such exercise is a technical assistance.
Supreme Court - Daily Orders Cites 0 - Cited by 0 - Full Document

Municipal Corporation Of Greater ... vs Ankita Sinha on 14 February, 2022

51. If we examine in light of the order of the Hon'ble Supreme Court in Municipal Corporation of Greater Mumbai Vs. Ankita Sinha: (2022) 13 SCC 401, and M/s Rhythm County case noted above, we found that the calculation method which has been initiated by the CPCB methodology finds support and further action has been initiated in accordance with this method. The Hon'ble Supreme Court has clearly laid down that the adopting an applicability of the CPCB methodology does not depart the judicial function rather it evidences an exercise of informal discussion 80 where expert finding were gauged, filtered and integrated into a reasoned adjudicatory outcome. Such exercise is a technical assistance.
Supreme Court - Daily Orders Cites 0 - Cited by 57 - Full Document

Lal Bahadur vs The State Of Uttar Pradesh Through The ... on 14 September, 2017

In Lal Bahadur Vs. State of Uttar Pradesh, (2018) 15 SCC 407, the Court underscored the principles that are the cornerstone of our environmental jurisprudence, as emerging from a settled line of precedent: the precautionary principle, the polluter pays principle and sustainable development. The Court further noted the importance of judicial intervention for ensuring environmental protection.
Supreme Court - Daily Orders Cites 31 - Cited by 9 - Full Document

Bombay Environmental Action Group vs Maharashtra Maritime Board on 1 May, 2023

Nothing has been shown by the learned Counsel challenging the order as to on what point of calculation, it was wrong. The calculation of environmental damage is very hard to calculate and a parameter has been laid down by a Technical Expert Committee as constituted by the CPCB on the directions of the Tribunal to frame the rules and guidelines and these rules and guidelines have been present before the Tribunal which were approved and find finality and it was published. It was framed after due consultation and after taking opinion from the State PCBs and all of the States/UTs. Thus, the same cannot be further challenged unless and until any better option of calculation is provided by the persons challenging it or any bias or illegality while calculating the environmental damage.
Supreme Court - Daily Orders Cites 0 - Cited by 2 - M M Sundresh - Full Document

Benzo Chem Industries Private Limited vs Arvind Manohar Mahajan on 28 November, 2022

35. Reliance placed by KEYSTONE on Benzo Chem Industrial (P) Ltd. (supra) is misplaced. That decision turned on the NGT's adoption of conjectural revenue figures, absence of notice, and lack of nexus between the amount imposed and environmental harm. It does not lay down any proposition that the NGT lacks jurisdiction to award compensation in the absence of subordinate legislation or a codified formula, or even interdicted the employment of turnover or project cost as a yardstick for environmental compensation. Relevant paragraphs from the said decision read as hereinunder:
Supreme Court - Daily Orders Cites 1 - Cited by 0 - Full Document

Vellore Dist.Environment ... vs The State Of Tamil Nadu And Ors The ... on 7 April, 2015

"46.2. This Court has consistently underscored that environmental compensation must rest on a foundation of rationality, proportionality and reasoned assessment. While project turnover or cost cannot be applied mechanically as a blunt instrument, it nevertheless remains a relevant and permissible factor where the factual matrix so warrants. The determination of compensation, when undertaken within this calibrated framework and guided by the parameters delineated in Deepak Nitrite Ltd. (supra), Goel Ganga Developers (supra) and Vellore District Environment Monitoring Committee (supra) does not attract the infirmities noticed in Benzo Chem Industrial (P) Ltd. (supra) and C.L. Gupta Export Ltd. (supra), and must, therefore, be sustained as falling within the permissible zone of judicially recognised discretion.
Supreme Court - Daily Orders Cites 1 - Cited by 0 - Full Document
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