Scribd Logo
Upload

Welcome to Scribd!

  • Vani Agarwal CB1 Week 7

    Uploaded by

    Diksha Raj
    6 views1 page
    The case involved an application filed with the National Green Tribunal regarding illegal coal mining in tribal areas of Meghalaya State. The Tribunal ordered the Chief Secretary and Director General of Police to stop all illegal mining and transport of coal in the state. The Supreme Court upheld the Tribunal's jurisdiction under Section 14 of the National Green Tribunal Act, 2010 to hear the case. The Court also held that the amount the Tribunal directed the state to deposit was not a penalty but fell within the Tribunal's powers.

    Original Description:

    Original Title

    Vani Agarwal CB1 Week 7.docx

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    The case involved an application filed with the National Green Tribunal regarding illegal coal mining in tribal areas of Meghalaya State. The Tribunal ordered the Chief Secretary and Director General of Police to stop all illegal mining and transport of coal in the state. The Supreme Court upheld the Tribunal's jurisdiction under Section 14 of the National Green Tribunal Act, 2010 to hear the case. The Court also held that the amount the Tribunal directed the state to deposit was not a penalty but fell within the Tribunal's powers.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    6 views1 page

    Vani Agarwal CB1 Week 7

    Uploaded by

    Diksha Raj
    The case involved an application filed with the National Green Tribunal regarding illegal coal mining in tribal areas of Meghalaya State. The Tribunal ordered the Chief Secretary and Director General of Police to stop all illegal mining and transport of coal in the state. The Supreme Court upheld the Tribunal's jurisdiction under Section 14 of the National Green Tribunal Act, 2010 to hear the case. The Court also held that the amount the Tribunal directed the state to deposit was not a penalty but fell within the Tribunal's powers.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    of 1

    CASE BRIEF

    CASE NAME AND CASE LAW:


    State of Meghalaya and Ors. v. All Damisa Students Union and
    Ors.; {Civil Appeal No. 10907 of 2018}; {National green Tribunal
    Act,2010 - Section 14}
    FACTS:
    The application has been filed in National Green Tribunal with
    regard to coal mining in the tribal areas of State. Tribunal
    passed an order directing the Chief Secretary, Director General
    of Police, State to ensure that illegal mining was stopped
    forthwith throughout the State and any illegal transport of coal
    shall not take place until further orders passed by the tribunal.
    ISSUE:
    Whether the Tribunals exercised its jurisdiction under Section
    14 of the National Green Tribunal Act, 2010?
    JUDGEMENT:
    The Hon’ble Supreme Court on March 3rd, 2019 by a Division
    Bench declared by Justice Ashok Bhushan and Justice K.M.
    Joseph held that the application clearly made out allegations
    which were sufficient for the tribunal to exercise its jurisdiction
    as conferred by section 14 of the NCT Act, 2010. The amount
    which had been directed by NGT to be deposited by State was
    neither a penalty nor a fine imposed on the state.

    You might also like