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1 - 10 of 12 (0.24 seconds)The Environment (Protection) Act, 1986
The Air (Prevention And Control Of Pollution) Act, 1981
Section 25 in The Water (Prevention And Control Of Pollution) Act, 1974 [Entire Act]
The Water (Prevention And Control Of Pollution) Act, 1974
Section 21 in The Air (Prevention And Control Of Pollution) Act, 1981 [Entire Act]
Alembic Pharmaceuticals Ltd. vs Rohit Prajapati . on 1 April, 2020
cause notice was given to the PP by the PCB and CTE was refused. The
conclusions of the Committee with regard to these violations are based on
record and we see no reason not to accept the same and proceed on that
basis. We thus hold that the PP has proceeded to construct the project
without valid EC and in terms of judgements of the Hon'ble Supreme Court
inter-alia in Alembic Chemicals v Rohit Prajapati and Keystone developers
25
v. Anil Tharthare, in place of directing demolition of the project, the PP has
to be required to pay compensation for restoration of the environment.
Section 9 in The Water (Prevention And Control Of Pollution) Act, 1974 [Entire Act]
M/S. Goel Ganga Developers India Pvt. ... vs Union Of India Through Secretary ... on 10 August, 2018
6. In pursuance of above, a report has been filed by the joint Committee
dated 03.12.2021. The Committee prepared a questionnaire for securing
information from the concerned authorities and also undertook visit to the
site on 12.10.2021. The Committee has found that there is violation of
requirement of prior EC as the EC earlier granted for a part of the project
but the PP went ahead with the project without specifying the complete
details. There is further violation of project being commenced without prior
CTE and CTO from the State PCB as required under the Water (Prevention
and Control of Pollution) Act, 1974 and Air (Prevention and Control of
Pollution) Act, 1981 and also extraction of the ground water without
requisite permission of the CGWA. Accordingly, compensation has been
suggested for restoration. For not obtaining prior CTE & CTO, suggestion
is to levy compensation of Rs. 5 crores on the pattern of order of the
Hon'ble Supreme Court dated 10.08.2018 in Civil Appeal No. 10854 of
2016, M/s Goel Ganga Developers India Pvt. Ltd. Vs. Union of India & Ors.
Tanaji Balasaheb Gambhiretanaji ... vs The Chief Secretary Government Of ... on 9 July, 2021
Further, the Hon'ble National Green Tribunal in O.A No. 34/2020 WZ
in the matter of Tanaji B. Gambhire vs. Chief Secretary, Government
of Maharashtra and ors., vide order dated 24.05.2021 has directed
that"...a proper SoP be laid down for grant of EC in such cases so as
to address the gaps in binding law and practice being currently
followed. The MoEF may also consider circulating such SoP to all
SEIAAs in the country".