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1 - 10 of 25 (0.28 seconds)Section 3 in The Maharashtra Public Trusts Act, 1950 [Entire Act]
Section 5 in The Maharashtra Public Trusts Act, 1950 [Entire Act]
Article 32 in Constitution of India [Constitution]
Section 14 in The National Green Tribunal Act, 2010 [Entire Act]
Section 22 in The Maharashtra Public Trusts Act, 1950 [Entire Act]
The Conservation Action Trust And 2 Ors vs Union Of India And 3 Ors on 16 July, 2019
12. It is also necessary to refer to the order dated 16 th July 2018 passed
by the Division Bench in Conservation Action Trust (supra). While
recognizing the ambit of DTEPA, it has been held that the same is an
Authority created under the orders of the Supreme Court dated 31 st
October 1996 and was functioning for the last almost twenty-one years.
Since DTEPA had been empowered to protect the ecologically fragile areas
of Dahanu Taluka, no project coming up in that area could be permitted
without referring such proposal to it for it's scrutiny and clearance. In
paragraph 14 of the said order, it has been observed as under :
Indian Council And Enviro-Legal Action vs Union Of India And Others on 9 March, 1995
. The learned Senior Advocate submitted that the work was related to
a public infrastructure project having national importance and hence all
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PIL-14-2024 & WP-15320-2023.doc
Dixit
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requisite statutory permissions and sanctions had to be obtained before
proceeding further. The cost of the proposed Port was estimated at about
Rs.76,220 crores. The same was likely to generate about one thousand
direct employments and six thousand indirect employments during the
construction phase. On the Port becoming functional, about one lakh
direct / indirect employment opportunities would be available. The
impugned order sought to balance the aspect of environmental protection
and undertaking of developmental activities by following the principle of
"sustainable development". Since all relevant aspects had been taken into
consideration by the DTEPA, coupled with the fact that the petitioners
challenging the said order of DTEPA were neither experts in the field of
environment nor had they produced any scientific or technical data to
counter the various studies and reports considered by DTEPA, there was
no case made out to interfere in exercise of writ jurisdiction. To
substantiate his contentions, the learned Senior Advocate referred to the
decisions of the Supreme Court in Indian Council for Enviro-Legal Action
Vs. Union of India and Ors., (1996) 5 SCC 281; National High Speed Rail
Corporation Ltd. Vs. Montecarlo Ltd. and Anr., (2022) 6 SCC 401; Raunaq
International Ltd. Vs. I.V.R. Construction Ltd. and Ors., (1999) 1 SCC 492;
N.G. Projects Ltd. Vs. Vinod Kumar Jain and Ors., (2022) 6 SCC 127;
Union of India Vs. Kushala Shetty and Ors., (2011) 12 SCC 69 and
Dahanu Taluka Environment Protection Group and Anr. Vs. Bombay
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Suburban Electricity Supply Company Ltd. and Ors., along with connected
matter, (1991) 2 SCC 539 and submitted that both the proceedings were
liable to be dismissed.
National High Speed Rail Corporation ... vs Montecarlo Limited on 31 January, 2022
. The learned Senior Advocate submitted that the work was related to
a public infrastructure project having national importance and hence all
26/53
PIL-14-2024 & WP-15320-2023.doc
Dixit
::: Uploaded on - 18/04/2024 ::: Downloaded on - 19/04/2024 16:12:34 :::
requisite statutory permissions and sanctions had to be obtained before
proceeding further. The cost of the proposed Port was estimated at about
Rs.76,220 crores. The same was likely to generate about one thousand
direct employments and six thousand indirect employments during the
construction phase. On the Port becoming functional, about one lakh
direct / indirect employment opportunities would be available. The
impugned order sought to balance the aspect of environmental protection
and undertaking of developmental activities by following the principle of
"sustainable development". Since all relevant aspects had been taken into
consideration by the DTEPA, coupled with the fact that the petitioners
challenging the said order of DTEPA were neither experts in the field of
environment nor had they produced any scientific or technical data to
counter the various studies and reports considered by DTEPA, there was
no case made out to interfere in exercise of writ jurisdiction. To
substantiate his contentions, the learned Senior Advocate referred to the
decisions of the Supreme Court in Indian Council for Enviro-Legal Action
Vs. Union of India and Ors., (1996) 5 SCC 281; National High Speed Rail
Corporation Ltd. Vs. Montecarlo Ltd. and Anr., (2022) 6 SCC 401; Raunaq
International Ltd. Vs. I.V.R. Construction Ltd. and Ors., (1999) 1 SCC 492;
N.G. Projects Ltd. Vs. Vinod Kumar Jain and Ors., (2022) 6 SCC 127;
Union of India Vs. Kushala Shetty and Ors., (2011) 12 SCC 69 and
Dahanu Taluka Environment Protection Group and Anr. Vs. Bombay
27/53
PIL-14-2024 & WP-15320-2023.doc
Dixit
::: Uploaded on - 18/04/2024 ::: Downloaded on - 19/04/2024 16:12:34 :::
Suburban Electricity Supply Company Ltd. and Ors., along with connected
matter, (1991) 2 SCC 539 and submitted that both the proceedings were
liable to be dismissed.
Raunaq International Ltd vs I.V R. Construction Ltd. And Ors on 9 December, 1998
. The learned Senior Advocate submitted that the work was related to
a public infrastructure project having national importance and hence all
26/53
PIL-14-2024 & WP-15320-2023.doc
Dixit
::: Uploaded on - 18/04/2024 ::: Downloaded on - 19/04/2024 16:12:34 :::
requisite statutory permissions and sanctions had to be obtained before
proceeding further. The cost of the proposed Port was estimated at about
Rs.76,220 crores. The same was likely to generate about one thousand
direct employments and six thousand indirect employments during the
construction phase. On the Port becoming functional, about one lakh
direct / indirect employment opportunities would be available. The
impugned order sought to balance the aspect of environmental protection
and undertaking of developmental activities by following the principle of
"sustainable development". Since all relevant aspects had been taken into
consideration by the DTEPA, coupled with the fact that the petitioners
challenging the said order of DTEPA were neither experts in the field of
environment nor had they produced any scientific or technical data to
counter the various studies and reports considered by DTEPA, there was
no case made out to interfere in exercise of writ jurisdiction. To
substantiate his contentions, the learned Senior Advocate referred to the
decisions of the Supreme Court in Indian Council for Enviro-Legal Action
Vs. Union of India and Ors., (1996) 5 SCC 281; National High Speed Rail
Corporation Ltd. Vs. Montecarlo Ltd. and Anr., (2022) 6 SCC 401; Raunaq
International Ltd. Vs. I.V.R. Construction Ltd. and Ors., (1999) 1 SCC 492;
N.G. Projects Ltd. Vs. Vinod Kumar Jain and Ors., (2022) 6 SCC 127;
Union of India Vs. Kushala Shetty and Ors., (2011) 12 SCC 69 and
Dahanu Taluka Environment Protection Group and Anr. Vs. Bombay
27/53
PIL-14-2024 & WP-15320-2023.doc
Dixit
::: Uploaded on - 18/04/2024 ::: Downloaded on - 19/04/2024 16:12:34 :::
Suburban Electricity Supply Company Ltd. and Ors., along with connected
matter, (1991) 2 SCC 539 and submitted that both the proceedings were
liable to be dismissed.