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Home > Reports and Documents > Order of the National Green Tribunal on Jesurethinam & Ors Vs The Ministry of Environment and Forest & ors. dated 30/08/2012 (Appeal No. 13/2011) > Order of the National Green Tribunal on Jesurethinam & Ors Vs The Ministry of Environment and Forest & ors. dated 30/08/2012 (Appeal No. 13/2011)

Order of the National Green Tribunal on Jesurethinam & Ors Vs The Ministry of Environment and Forest & ors. dated 30/08/2012 (Appeal No. 13/2011) [1]

Order of the National Green Tribunal on Jesurethinam & Ors Vs The Ministry of Environment and Forest & ors. dated 30/09/2012 (Appeal No. 13/2011). A preliminary objection is raised by learned counsel for respondent No. 5 i.e. Project Proponent. The tenor of the objection is that the appeal is not maintainable in as- much- as the order impugned is dated 13.10.2010 which was rendered prior to commencement of the National Green Tribunal Act, 2010. It is argued that the order passed before commencement of the special enactment cannot be challenged by way of an appeal in the Tribunal which did not exist as on the date of such order. The learned counsel for the Respondent No. 5 invited our attention to Judgment of this Tribunal in Appeal No. 14/2011. By the said Judgment, a Division Bench of this Tribunal categorically held that the appeal against order passed prior to commencement of the National Green Tribunal Act, 2010 is not maintainable. The National Green Tribunal Act, 2010 came into force on 18.7.2010. A combined reading of relevant provisions, particularly Section 16 of the National Green Tribunal Act, 2010 will make it amply clear that the appeal cannot be filed against any order passed prior to 18.10.2010.

Publication Date: 
30/08/2012
National Green Tribunal (NGT) [2]
Tags:
National Green Tribunal (NGT) [3], Water Act 1974 [4], Water Cess Act 1977 [5], Forest Act 1980 [6], Forest Rules 1981 [7], Environment Act 1986 [8], Biodiversity [9], NGT Judgements [10]
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[1] http://admin.indiaenvironmentportal.org.in/reports-documents/order-national-green-tribunal-jesurethinam-ors-vs-ministry-environment-and-forest
[2] http://admin.indiaenvironmentportal.org.in/category/publisher/national-green-tribunal-ngt
[3] http://admin.indiaenvironmentportal.org.in/thesaurus/national-green-tribunal-ngt
[4] http://admin.indiaenvironmentportal.org.in/category/thesaurus/water-act-1974
[5] http://admin.indiaenvironmentportal.org.in/category/thesaurus/water-cess-act-1977
[6] http://admin.indiaenvironmentportal.org.in/category/thesaurus/forest-act-1980
[7] http://admin.indiaenvironmentportal.org.in/category/thesaurus/forest-rules-1981
[8] http://admin.indiaenvironmentportal.org.in/category/thesaurus/environment-act-1986
[9] http://admin.indiaenvironmentportal.org.in/category/thesaurus/biodiversity
[10] http://admin.indiaenvironmentportal.org.in/thesaurus/ngt-judgements