Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Environment Protection Act 1986 – 2011 Notification issued under the 1986 Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Major Port Trust Act, 1963 (38 of 1963) Customs Act, 1962 (52 of 1962) Environment (protection) Act, 1986 (29 of 1986) Indian Ports Act, 1908 (15 of 1908) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Environment Protection Act, 1986 – 2011 Notification issuedunder the 1986 Act – Respondent No.1 granted ex post factoclearance to the appellant purportedly invoking paragraph-4.3 ofthe aforesaid Notification, for laying of pipeline for the transfer ofedible oil from the Chennai Port to the storage terminal tank andfor the establishment of the storage transit terminal – NGT heldthat the activity of putting up a storage tank transit terminal beingcontrary to the 2011 Notification was illegal as the storage terminalwas not located ‘in’ the Chennai Port, in which case alone, it wouldhave been permissible under the permitted activities of CoastalRegulation Zone II – Construction of the storage facility and thepipeline were directed to be removed, environmental compensationimposed – Appellant inter alia contended that CRZ-II being lesssensitive than CRZ-I, in CRZ-I, the “storage of edible oil inter aliais permitted within the notified ports” while, in CRZ-II, storage ofnon-hazardous cargo such as edible oil, fertilizers and foodgrainis permitted ‘in notified ports’ – And since the word ‘within’ which isused in CRZ-I is not employed in regard to the similar activity inCRZ-II and instead the word ‘in’ is used, they must receive a differentmeaning – Held: Objects of the notification include guarding againstthe dangers of natural hazards in coastal areas and the sea levelrise due to global warming – The coastal regulation appears to bebased on considerations which appear to accommodate conflictinginterests premised on considerations of what is felt as indispensablynecessary and the nature of the zone in question – Words ‘within’and ‘in’ cannot include what is outside the port – The maker of thenotification has not even contemplated the activities in question ina ‘port area’ – A storage tank cannot be permitted outside the portlimits – If the same is allowed, it will introduce chaos – Questionwould arise as to up to what distance from the port area it would be considered as the ‘in the port area’ – The 2011 Notification cannotreceive an interpretation which would leave matters of moment tobe afflicted with the vice of uncertainty – As far as the pipeline isconcerned, it is located in a zone where it is permitted activity – Asto whether the pipeline can continue to be used if the storage tanksare demolished is a matter which must engage the attention of theauthorities – Appellants may approach the relevant District CoastalZonal Management Authority – Appellants given six months periodto demolish the storage tanks to comply with the impugned order ofthe NGT – Appellant in the first appeal to pay the compensationordered within a month – Major Port Trust Act, 1964 – s. 35 –Customs Act – ss.2(11), (12), (13), 7(a), 57 – Indian Ports Act, 1908– National Green Tribunal Act, 2010.Customs Act – ss.7(a), 57 – Indian Ports Act, 1908 – MajorPort Trust Act, 1964 – s. 35 – Held: Every port falling under theIndian Port Act and the Major Port Act may not be on their ownbecome a customs port – A customs port u/s.2(12) comes into beingon a port being appointed as such u/s.7(a) – The case of the appellantbased on the license u/s.57 of the Customs Act may make it a customsarea as it includes a warehouse but, it is inconceivable as to how itwould transform it into ‘in a notified port’ – Environment ProtectionAct, 1986. |
Judge | Hon'ble Mr. Justice K.M. Joseph |
Neutral Citation | 2023 INSC 91 |
Petitioner | K.t.v. Health Food Pvt. Ltd. |
Respondent | Union Of India And Ors |
SCR | [2023] 9 S.C.R. 246 |
Judgement Date | 2023-02-01 |
Case Number | 3626 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |