Tuesday, 20 December 2011

{DUU-45 (1)} Delhi High Court : NEAA Cases 24-11-2008

MOEF filed an action taken report

Delhi High Court Case:- Vimalbhai Vs. Union of India
Issue:- Non-constitute the National Environment Appellate Authority {
Laywers: Adv. Sanjay Parikh
Ritwick Dutta and Rahul Choudhary of Legal Initiative for Forest and Environment

Hearing today
The Senior Counsel, Mr. Malhotra for Union of India submit a report and said that they have already approached two retired Judges of Supreme Court and now they are waiting for their response.
They seek two weeks time for their response. In the mean time the Counsel said that they are in a process to repeal the 1997 Act (NEAA Act). Counsel of pettioner Mr. Rahul Choudhary counter the argument that, this porcess will take some time till then the Authority must be functional with full bench, a huge number of clearance granted by the Ministry in last years.
The Counsel for Ministry said that only 65 cases have been filed before the Authority.
Justice Murlidhar said that it is only because of the non-functional Authority. As there is no Chairman and Vice-Chairman in the Authority no body wants to come before this authority. pointed out that all the matters have rejected except one those are coming before the Authority. Then judges said you may go ahead with repeal of the Act but in the mean time, make the Authority full-functional.
The next date of hearing is 3rd December 2008.

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