IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ALOK ARADHE, CJ., BHARATI DANGRE, J.
Adani Cementation Limited – Appellant
Versus
Union Of India – Respondent
| Table of Content |
|---|
| 1. petitioner seeks permission for project (Para 1 , 2 , 3 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34) |
| 2. court discusses environmental impact (Para 4) |
| 3. court emphasizes sustainable development (Para 35) |
JUDGMENT :
BHARATI DANGRE, J.
1. Adani Cementation Limited, a Company incorporated under the provisions of the Companies Act, 2013 and a part of Adani Group, has approached this Court seeking issuance of writ of mandamus or any other writ/order or direction, directing the Respondents/Authorities to Digitally signed permit the Petitioner to carry out the work of construction of a berthing/captive jetty to facilitate transportation of cement, clinker and other raw material through waterways alongwith a conveyor corridor and an approach Road to the proposed cement grinding and fly ash/slag processing unit, a back up storage unit in Shahapur and Shahabaz in Raigad district for meeting the increasing need for cement of Mumbai Metropolitan Region.
The Petitioner has prayed for an approval from this Court in the wake of the directive issued in Judgment and Order dated 17/09/20
The court emphasized the necessity of balancing economic development with environmental protection, approving a project for cement transportation via waterways while ensuring compliance with statutor....
The construction of public utility jetties in CRZ-I areas is permissible without mangrove destruction, aligning with sustainable development principles.
The court affirmed the necessity of balancing coastal development with environmental protection, allowing construction of an Anti-Sea Erosion bund while emphasizing compliance with environmental regu....
The court ruled that challenges to environmental clearances necessitate factual inquiry beyond Article 226, allowing petitioners to seek remedies under the National Green Tribunal Act.
Non-disclosure of forest land in EIA process invalidates EC; Public Trust Doctrine mandates scrutiny of forest diversions for non-essential infrastructure.
Non-disclosure of forest land in EC application warrants scrutiny; Public Trust Doctrine mandates caution in forest diversions for non-essential projects.
Public Trust Doctrine requires state agencies to protect environment; penalty (Rs.10 Cr deposit) imposed on project proponent for impermissible forest clearance application post-EC due to non-disclos....
Construction in ecologically sensitive CRZ I areas is prohibited, reaffirming the precedence of environmental protection laws over local development interests.
Point of Law; General rule, the Courts consider it expedient in the interest of justice to start prosecution as contemplated by Section-476 of the old Code i.e., Code of Criminal Procedure, 1898, whi....
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