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Prafulla Samantra and Anr. v. Union of India and Ors. (POSCO Case)

ISSUE:

Whether the Appeal has been filed within the period of limitation in so far as challenging the ECs granted in May/June, 2007 and whether appeals can be entertained to that extent.

Whether the Public Hearing was properly conducted following the prescribed procedure applicable at the relevant point in time and whether the same is valid.

Whether the MoEF was right in accepting the review report submitted by Ms. Meena Gupta who participated in the issue of grant of original ECs since she was the Secretary to the Government of India, MoEF and whether the Government was right in rejecting the majority report of the review committee. And whether the apprehensions/issues raised by the Review Committee are properly addressed while issuance of the final order under challenge?

RULE:

It is essential to ensure that the government follows the legal procedures and safeguards while granting environmental clearances. we have kept in mind the need for industrial development, employment opportunities created by such projects that involve huge foreign investment, but at the same time we are conscious that any development should be within the parameters of environmental and ecological concerns and satisfying the principles of sustainable development and precautionary measures.

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NGT

M/S. Sterlite Industries (India) v. The Chairman, Tamil Nadu Pollution State Control Board and Ors. (Sterlite Case) M. A. No. 78 of 2013 (SZ)

ISSUE:

Whether the appellant company has concealed the facts and contravened the provisions of Section 21 and 31A of the Air (Prevention and Control of Pollution) Act, 1981 and Section 19 (4) (e) of the National Green Tribunal Act, 2010 by not taking proper care and required measures as prescribed?

RULE:

It is essential to ensure that the and other concerned authorities enforce environmental regulations and take appropriate action against polluting industries.

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