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Sudhir D Pawar vs State Of Maharashtra on 5 July, 2024 cites

Shri Hazi Arif vs State Of Uttar Pradesh on 13 May, 2022

2. We find that issue of covering a storm water drain by putting RCC slab has been considered by Tribunal in O.A No. 16/2014, Shri Hazi Ariff v. State of U.P & Ors., wherein it has been observed that putting such a 1 slab is not in conformity with environmental laws and such slab if has already been put in, should be demolished/removed. Relevant observation in judgement is reproduced as under:-
National Green Tribunal Cites 17 - Cited by 5 - A K Goel - Full Document

Mantri Techzone Pvt. Ltd. vs Forward Foundation on 6 August, 2019

27. Even though the Hon'ble Supreme Court in Mantri Techzone, supra, has approved larger buffer zones ranging from 25 meters to 50 meters from the edge of the drain (depending upon size of the drain), the buffer zone laid down by the NCR Planning Board which is lesser area, must be followed in the NCR, which includes Ghaziabad. Thus, all constructions within the buffer zone of 12 meters from the edge of any drain have to be held illegal and liable to be removed. This will include constructions raised by the project proponents who have filed objections before this Tribunal. No further construction can be allowed in the buffer zone. Preferably, it should be covered by forest. There can be no estoppel against law and mere fact of construction having already been made can be no defence to need for protection of environment in the larger interest of the society.
Supreme Court - Daily Orders Cites 0 - Cited by 28 - Full Document

M.I. Builders Pvt. Ltd vs Radhey Shyam Sahu And Others on 26 July, 1999

In view of section 24 of the Water Act, it is not possible to accept that the Nagar Nigam can, in exercise of its contract making power or authority responsible for maintaining the drain, allow either impeding of flow or polluting of the drain. The Nagar Nigam is to act as a trustee in respect of the drain. The powers of the Nagar Nigam are not unlimited so as to either by itself or through anyone else violate the mandate of the Water Act. Reference may inter-alia be made to M.I. Builders (P) Ltd. v. Radhey Shyam Sahu (1999) 6 SCC 464 (Paras 45 to 50). Relevant observations are:
Supreme Court of India Cites 77 - Cited by 432 - D P Wadhwa - Full Document
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