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1 - 10 of 42 (1.54 seconds)Section 16 in The National Green Tribunal Act, 2010 [Entire Act]
The Code of Civil Procedure, 1908
The Forest (Conservation) Act, 1980
Article 14 in Constitution of India [Constitution]
Article 21 in Constitution of India [Constitution]
Hanuman Laxman Aroskar vs Union Of India on 29 March, 2019
In its decision in Hanuman Laxman Aroskar vs Union of India, [2019] 15
SCC 401 the Court, recognized the importance of protecting the
environmental rule of law. The court observed:-
Rajeev Suri vs Delhi Development Authority on 26 July, 2018
"A. Rajeev Suri v. Delhi Development Authority [2021 SCC
OnLine SC 7]
"494. The minutes of the two meetings of EAC are selfexplanatory
and reveal due application of mind, in light of the principles relating
to application of mind enunciated above. We do not wish to repeat the
same to avoid prolixity. EAC is an expert body and it is amply clear
that it has been made aware of all relevant information relating to the
project and it has applied its mind to the proposal. Even on settled
principles of judicial review, it is clear that relevant material has been
considered by the committee and no reliance has been pointed out on
any irrelevant material. The specific recommendations given by the
committee do indicate that the committee was aware of the need for
precautionary measures in environmental matters and accordingly, it
suggested requirement of further permissions on certain counts.
Kanhai Ram vs The Union Of India And Ors on 15 February, 2019
However, the Hon'ble National Green Tribunal (NGT),
vide Judgment dated 15.01.2024 in Appeal No.26 of 2022 (Kanhai Ram
Patel & Ors. Vs. Union of India & Ors.), quashed the EC and directed the
answering respondent to "re-examine the matter from the stage of
conducting public consultation afresh. If additional appropriate study
material is submitted by the project proponent, the same may be
appraised, and a fresh decision on the prior EC may be taken by the
MoEF&CC in accordance with the law and the existing state of
environment and ecology. That in compliance with the NGT's Judgment
dated 15.01.2024, the answering respondent, vide letter dated
19.02.2024, directed the project proponent and the State Pollution Control
Board (SPCB) to comply with the said Judgment. This demonstrates the
clear intention of the answering respondent to adhere to the directives of
the Hon'ble NGT. The Appellants' allegations that the Respondent
disregarded the Tribunal's directions are baseless and frivolous and that
pursuant to the NGT's directives, the Project Proponent (MAHAGENCO),
vide letter dated 24.02.2024, requested the Expert Appraisal Committee
(EAC) - Coal Mining to consider their proposal in the upcoming EAC
meeting. The letter highlighted the following key points:-
Basawaraj S/O Kashappa vs The Spl Land Acquisition Officer on 10 June, 2011
" 15. The law on the issue can be summarised to the effect that where
a case has been presented in the court beyond limitation, the
applicant has to explain the court as to what was the "sufficient
cause" which means an adequate and enough reason which
prevented him to approach the court within limitation. In case a party
is found to be negligent, or for want of bona fide on his part in the
facts and circumstances of the case, or found to have not acted
diligently or remained inactive, there cannot be a justified ground to
condone the delay. No court could be justified in condoning such an
inordinate delay by imposing any condition whatsoever. The
application is to be decided only within the parameters laid down by
this Court in regard to the condonation of delay. In case there was no
sufficient cause to prevent a litigant to approach the court on time
condoning the delay without any justification, putting any condition
whatsoever, amounts to passing an order in violation of the statutory
provisions and it tantamounts to showing utter disregard to the
legislature."