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1 - 10 of 13 (0.63 seconds)Keystone Realtors Pvt. Ltd. vs Anil V. Tharthare on 3 December, 2019
Keystone Realtors (P) Ltd. v. Anil V. Tharthare, (2020) 2 SCC 66
A core tenet underlying the entire scheme of the EIA Notification is that
construction should not be executed until ample scientific evidence has
been compiled so as to understand the true environmental impact of a
project.
T.N. Godavarman Thirumulpad vs Union Of India & Ors on 12 March, 2014
With regard to the issue of utilization of environmental funds,
we find that the application for approval was filed by the State PCB
on 13.10.2020 and the approval was granted on 14.10.2020. It is not
clear whether the proposal received full attention, considering details
of different heads such as Environmental Surveillance Cell. It may
thus be necessary that the CPCB revisits the subject and grant its
approval after due appraisal by the Chairman and the Member
Secretary, considering the details and the observations in para 4 in
the order of this Tribunal dated 24.07.2020 quoted above in para 6,
namely hiring of Experts, undertaking remediation and study of the
contaminated sites and allied issues. These observations are based
on the judgment of the Hon'ble Supreme Court in T.N. Godavarman v.
UOI, (2014) 6 SCC 150. The CPCB may also consider the details of
expenditure to be incurred for the District Environment Plans and
priority to be accorded to different items of expenditure, with funds
being limited. Focus of utilization of EC funds should primarily be for
remediation/restitution of environment."
M/S. Goel Ganga Developers India Pvt. ... vs Union Of India Through Secretary ... on 10 August, 2018
By completing the construction of the project, the appellant
denied the third and fourth respondents the ability to evaluate the
environmental impact and suggest methods to mitigate any
environmental damage
Goel Ganga Developers India (P) Ltd. v. Union of India, (2018) 18
SCC 257
1
(2018) 18 SCC 257
2
(2020) 2 SCC 66
3
2020 SCC OnLine SC 347
7
Having held so we are definitely of the view that the project proponent
who has violated law with impunity cannot be allowed to go scot-free.
Karnataka State Pollution Control ... vs The General Secretary Karnataka State ... on 29 November, 2019
It is submitted that the Hon'ble NGT vide order dated 22.01.2019
in O.A. No 101/2019 in the matter of Central Pollution Control
Board Vs. Assam State Pollution Control Board & Ors, has
10
granted approval for utilization of 25% Environmental
Compensation Fund (hereinafter referred to as EC Fund) for
specified activities in line with "Guidelines for Utilization of
EC Fund" prepared by CPCB.
Shree Nath Sharma vs Union Of India on 8 February, 2022
7. Consistent with the above directions, we direct that updated
action plans be got prepared and executed by the Chief Secretaries
of all States/UTs. The recovered compensation may be credited to
a separate account under the Chief Secretary and used as per said
plans only. This will apply to compensation deposited with the
State PCBs/PCCs and also other regulators such as SEIAAs, Water
Resource Authorities etc. The utilisation plans may be in sync with
State/District Environment Plans, in pursuance of order of this
Tribunal dated 26.09.2019 in OA No. 360/2018, Shree Nath
Sharma vs. Union of India & Ors. The process of planning and
execution for utilistion of such funds may be preferably entrusted
to a high powered Committee of three Additional Chief Secretaries,
identified by the Chief Secretary within one month. Such plans
and progress in execution may be placed on websites of the
States/UTs after every six months. A part of funds be provided for
environment awareness through eco clubs in all Schools and
Colleges upto grassroot levels in the State through the education
Departments. States/UTs may also coordinate with Legal Services
Authorities, if viable."
The Environment (Protection) Act, 1986
Alembic Pharmaceuticals Ltd. vs Rohit Prajapati . on 1 April, 2020
"Alembic Pharmaceuticals Ltd. v. Rohit Prajapati, (2020) 17 SCC
157
......The three industries have evaded the legally binding regime of
obtaining ECs. They cannot escape the liability incurred on account of
such non-compliance. Penalties must be imposed for the disobedience
with a binding legal regime. The breach by the industries cannot be left
unattended by legal consequences. The amount should be used for the
purpose of restitution and restoration of the environment. Instead and
in place of the directions issued by NGT, we are of the view that it would
be in the interests of justice to direct the three industries to deposit
compensation quantified at Rs 10 crores each. The amount shall be
deposited with GPCB and it shall be duly utilised for restoration and
remedial measures to improve the quality of the environment in the
industrial area in which the industries operate.
Rajiv Narayan vs Union Of India on 29 January, 2021
20(viii), Order dated 26.08.2019, OA 804/2017, Rajiv Narayan v. Union of India & Ors.
8 & 9, Order dated 15.07.2019, OA 710/2017, Shailesh Singh v. Sheela Hospital & Trauma
Center
9
within two months. All other State PCBs and PCCs may also
prepare similar action plans for restoration of environment
and implementation of District Environment Plans, in
coordination with CPCB. CPCB may also prepare such plan for
utilization of funds available with it. CPCB may file compliance
report to this effect within four months by e-mail at judicial-
[email protected] preferably in the form of searchable PDF/ OCR Support
PDF and not in the form of Image PDF."
Shailesh Singh vs Sheela Hospital And Trauma Centre on 17 May, 2018
20(viii), Order dated 26.08.2019, OA 804/2017, Rajiv Narayan v. Union of India & Ors.
8 & 9, Order dated 15.07.2019, OA 710/2017, Shailesh Singh v. Sheela Hospital & Trauma
Center
9
within two months. All other State PCBs and PCCs may also
prepare similar action plans for restoration of environment
and implementation of District Environment Plans, in
coordination with CPCB. CPCB may also prepare such plan for
utilization of funds available with it. CPCB may file compliance
report to this effect within four months by e-mail at judicial-
[email protected] preferably in the form of searchable PDF/ OCR Support
PDF and not in the form of Image PDF."