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BELA M. TRIVEDI, PRASANNA B. VARALE
Auroville Foundation – Appellant
Versus
Navroz Kersasp Mody – Respondent
JUDGMENT :
BELA M. TRIVEDI, J.
1. The present Appeals stem from the final judgment and order dated 28.04.2022 passed by the National Green Tribunal, Chennai (hereinafter referred to as the “Tribunal”) in O.A. No. 239/2021, and from an interim order dated 27.07.2022 passed by the said Tribunal in the M.A. No.6/2022 in O.A No.239/2021. The directions given by the Tribunal in the impugned judgment dated 28.04.2022 read as under:-
(i) The 1st Respondent is directed to prepare a proper township plan either in respect of 778 Ha which is in their possession now or in respect of 1963 Ha which was visualized by the MOTHER by identifying the locations where each zone will have to be located, where the roads will have to be laid showing the location of the ring roads with their width and further road, if any, to be constructed, the nature of industries and other activities which they are expected to establish in the township and if it is not going to be implemented as one phase, how many phases in which they are going to complete the project and then apply for Environmental Cleara
The Tribunal exceeded its jurisdiction by issuing directions without a substantial environmental question being raised, misapplying the 'Precautionary Principle' and disregarding the statutory force ....
(1) Court cannot be permitted to usurp functions assigned to the Executive, Legislature or subordinate legislature – Courts cannot issue directions to Legislature for enacting laws in a particular ma....
The Governing Board of the Auroville Foundation has exclusive authority to manage Auroville and issue Standing Orders, and suppression of material facts by a litigant disqualifies them from obtaining....
Requirements of prior Environmental Clearance - It is a trite law that a writ cannot be issued on ground of violation of principles of natural justice if only one conclusion is possible in a given si....
Point of law : there are no definitions for air pollutant, emission and industrial plant either under the Environment Protection Act, 1986 or under the NGT Act, 2010. Accordingly, the said definition....
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