AI Overview...
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Duty of State to Protect Biodiversity - The court held that the State Government has a constitutional and statutory obligation to protect and conserve biodiversity, and to promote sustainable tourism, emphasizing the importance of biodiversity identification and conservation measures Rakshit Joshi VS State Of Uttarakhand - Uttarakhand.
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Legal Framework and Regulations - The Biodiversity Act, 2002, along with related laws such as the Forest Conservation Act, 1980, and CRZ regulations, establish the legal basis for regulating biological resources, requiring prior permissions for commercial use and conservation actions Rakshit Joshi VS State Of Uttarakhand - Uttarakhand, Samita Rajendra Patil VS State of Maharashtra - Bombay, Vishwanath Paper and Boards Ltd. VS State of Uttarakhand - Uttarakhand.
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Biodiversity and Public Interest Litigation - Courts have directed authorities to consider representations and take appropriate action for biodiversity protection, including addressing environmental violations and ensuring benefit-sharing mechanisms under the Biodiversity Act C. GIRISHADAS, Versus GOVERNMENT OF KERALA, - Kerala, Vishwanath Paper and Boards Ltd. VS State of Uttarakhand - Uttarakhand.
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Protection of Specific Biodiversity Resources - Sacred groves, such as Orans, are recognized as vital for biodiversity conservation and cultural heritage; courts have directed their classification as 'forests' under the Forest Conservation Act to enhance protection T. N. Godavarman Thirumulpad VS Union Of India - Supreme Court.
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Jurisdiction and Enforcement - The National Green Tribunal and Biodiversity Authorities have jurisdiction over cases related to biodiversity violations and benefit-sharing disputes, with courts emphasizing the exhaustion of alternative remedies before approaching tribunals M/S K. K. INDUSTRIES(ICE PLANT) vs UNION TERRITORY OF JAMMU AND KASHMIR AND ORS. (POLLUTION CONTROL BOARD) - Jammu and Kashmir.
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Intellectual Property and Biodiversity - The Biodiversity Act restricts the use of Indian biological resources for commercial purposes without prior approval, affecting patent applications involving genetic resources and plant varieties, aligning patent law with biodiversity conservation Monsanto Technology LLC Thru the Authorised Representative Ms. Natalia Voruz VS Nuziveedu Seeds Ltd. Thru the Director - Supreme Court.
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Environmental and Biodiversity Conservation Responsibilities - Statutory duties are imposed on public authorities to identify, protect, and integrate biodiversity considerations into policy and development projects, ensuring environmental sustainability and public interest K. S. ALI VS STATE OF KERALA - Kerala.
Analysis and Conclusion
The Biodiversity Act, 2002, forms the cornerstone of India's legal framework for conserving biological diversity, regulating access to genetic resources, and ensuring sustainable use. Courts have reinforced the state's duty to protect biodiversity, emphasizing legal obligations under various statutes and the importance of integrating biodiversity conservation into public policy. Enforcement agencies like the Biodiversity Authority and the National Green Tribunal play critical roles in adjudicating disputes and ensuring compliance. Overall, the Act aims to balance ecological preservation with sustainable development, requiring proactive measures by government authorities and stakeholders.
Search Results for "Biodiversity Act"
2020 0 Supreme(UK) 195 • India - Uttarakhand
SUDHANSHU DHULIA, R.C.KHULBE
Whether the State Government has a duty to protect and conserve biodiversity and promote sustainable tourism? ... The Court held that the State Government has a duty to protect and conserve biodiversity and promote sustainable tourism. ... DIVERSITY - TOURISM - SUSTAINABLE DEVELOPMENT - PUBLIC INTEREST LITIGATION - DIRECTIONS TO STATE GOVERNMENT - IDENTIFICATION OF BIODIVERSITY ... Section 36 of the Biodiversity Act reads as under: "36. ... Section 37 of the Biodiversity Ac....
2024 Supreme(Online)(KER) 26396 • India - High Court of Kerala
A.J.DESAI, CJ, V. G. Arun, J
1)(n), 2(1)(o), 2(1)(p), 2(1)(q), 2(1)(r), 2(1)(s), 2(1)(t), 2(1)(u), 2(1)(v), 2(1)(w), 2(1)(x), 2(1)(y), 2(1)(z) of the Kerala Biodiversity ... Act, 2012 - The court directed the respondent authorities to look into the representation and take appropriate action in the matter
2024 0 Supreme(Bom) 379 • India - Bombay
A. S. CHANDURKAR, JITENDRA JAIN
Act, 1927, Forest (conservation) regulation Act 1980, CRZ regulations, Biodiversity Act, 2002 - The court dismissed the petition ... Fraud and Misrepresentation - Environmental Violations - Environment Protection Act, 1986, Indian Forest ... (v) To register the offences punishable under section 15 of the Environment Protection Act, 1986, Section 30 & 32 of Indian Forest Act, 1927, Forest (conservation) regulation Act 1980, CRZ regulations, Section 5....
2016 0 Supreme(SC) 1228 • India - Supreme Court
T. S. THAKUR, R. BANUMATHI, UDAY UMESH LALIT
Biodiversity - Protection of Biodiversity - The court dismissed the writ petition as infructuous, as the concerns expressed by ... the Government had been duly sensitised to the need for taking appropriate action to protect the country's interest in preserving biodiversity ... writ of mandamus to challenge the patenting of wheat before the European Patent Office and to take appropriate actions to protect biodiversity ... This Court had after notice to the respondent-Government of India and after hearing learned Attorney ....
2021 0 Supreme(All) 1665 • India - Allahabad
SUNITA AGARWAL, VIKAS BUDHWAR
State Biodiversity Board and consequential order passed by respondent No. 3 namely Divisional Director, Social Forestry, Forest Division ... State Biodiversity Board by submitting information in prescribed format as per Regulations, 2014, it would be open for them to raise ... Constitution of India, 1950 - Article 226 - Biological Diversity Act, 2002 - Section 62 - Biological Diversity ... of the State Biodiversity Board. ... State Biodiversity Board, Lucknow raising objection with regard to the applica....
2019 1 Supreme 67 • India - Supreme Court
ROHINTON FALI NARIMAN, NAVIN SINHA
Patent Act – Section 64 – Revocation of patent based on counter claim in a suit – Summary adjudication ... The Biodiversity Act which prohibits the “use” of any biological resources occurring in India for commercial utilisation and which includes genes used for improving crops and livestock through genetic intervention necessitates prior permission from the National Bio Diversity Authority which has not been ... It is only plant varieties and seeds which are covered by the PPVFR Act. The Patent Act and ....
2017 0 Supreme(Ker) 1156 • India - Kerala
DEVAN RAMACHANDRAN
Constitution of India, Articles 49 and 51A - Environmental Law - Protection of ecology or biodiversity - ... of depredation to the ecology or biodiversity, to the notice of the competent public authorities who are burdened with a reciprocal ... enforcement and policy implementation of Public authorities - Held, Statutory duties to identify and take the opportunity to integrate biodiversity ... I am concerned about the lakes and the biodiversity that will have to be protected for public good and not allowed to be depredat....
2016 0 Supreme(UK) 67 • India - Uttarakhand
U.C.DHYANI
of the State Biodiversity Board under Section 7 and 24 of the Act. ... Resources, Definition of 'commercial utilization', Coverage of waste paper under 'biological resources', Jurisdiction of State Biodiversity ... Biological Resources - Applicability of Guidelines - Act Sections 2(c), 2(f), 7, 24, 55(2), 63 - The court discussed the applicability ... Biodiversity Authority. ... Appeal to National Green Tribunal. - Any person aggrieved by any determination of benefit sharing or order of the National #HL....
2024 Supreme(JK) 277 • India - High Court of Jammu and Kashmir
(A) National Green Tribunal Act, 2010 - Sections 14 and 16 - Jurisdiction of the Tribunal - The Tribunal has jurisdiction over cases ... court ruled that the petitioner must exhaust the alternative remedy under section 16 ... ... (C) of the National Green Tribunal Act ... the petitioner could maintain a writ petition without availing the alternative remedy provided under the National Green Tribunal Act ... Act, 2010, by the National Biodiversity authority or a State Biodiversity Board....
2024 0 Supreme(SC) 1205 • India - Supreme Court
SANDEEP MEHTA, B. R. GAVAI, S. V. N. BHATTI
, 2006, to manage and protect sacred groves, emphasizing their role in biodiversity conservation and cultural heritage. ... (A) Forest Conservation Act, 1980 - Sacred groves - The Court emphasized the ecological and cultural significance of sacred groves ... , known as Orans in Rajasthan, and directed their classification as 'forests' under the FC Act to ensure protection and sustainable ... The Biological Diversity Act, 2002, and the National Forest Policy, 1988, also advocate for integrating biodiversity#HL_E....
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