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S.O.1101 (E) notification constituting the Loss of Ecology (Prevention and Payments of Compensation) Authority for the State of Tamil Nadu,

Central Notification · 19817,383 characters of text

The enactment

TypeNotification
Year1981
JurisdictionCentral
MinistryMinistry of Environment, Forest and Climate Change
StatusIn force as published by the source
TextPublished as one document, as the source published it
Subjectsenvironment

Full text

The source publishes this enactment as a single document rather than provision by provision, so the whole text is below and there are no per-section pages for it. Nothing has been shortened.

A Ho Ho YHo-33004/99 i . REGD. NO.D. L-3300499 axtm 1 <ISTUA The Gazette i § feecht, yee, g 18, 1011/AwwE 28, 1933 18, 2013/VAISAKHA 28, 1933 | 904] No. 904] NEW DELHI, WEDNESDAY, MAY wafeor iR A e ftrga ¢ feeeft, 18, 2011 WA, 11071(3H)— B2 TR 7 Feak fafkd= AP BRA I KA T SR A gRy wfer 1991 ® Re afedm € 914 ¥ AFfie 9Re & S=Ew e % Frdel @ s ¥ qafr (S afufem, 1986 (1986 1 20) ¥ 9TT 3 W I9-4W (3) ® e W TRER % TR SR 7 e 7 g dens FLAL 671(N) TA R ok Y 2y B R g v o witfenfem wfe (Frame sl shest o1 der) Wit (R v e e Wiwwor w1 T 8) W e B Ty frefefen Tl #1 wem w3 @ fag fea @, Ml:— (&) o O wiRafre o 4 =i ot et i, S g = R v gy ¥ e N S Al s ggel w5 wgw e o 3 wfrR =1 Frsfon s (@) vl & THarIE TaiE S yaafid FQ B A R Y g g IR e R T IR T () sqwore freg. Pl SR W e 3w T Y T gl 3 enficarets = e g WAt el g o il @ R = =) W w0 W PRw . i Bl TR A el afrgen F wE-eE ) we fre 4, fad g wifusm 3 wriwe faafa @ ) . 1780 GI20t1 ! sl wreta e Ien AR vl ffew T T ¥ 7 2006 W fiz e F ww frw o 6 TRy Mo 7 ward it T e Syl s T =T A e Rea At @ o w4 1 B T sde i o i S wiee 1 wEEE O T TG W | ain v 3T = 3§ i 13-12-2010 B red e g0 e o fe t “ I IRER H, §9 A F 18 FEL, 2011 @ wPe § a9 aw F0er g, e | w w0 w1 gE & e i Sfafe A ik T FE & | 5 A F Syt gt @ g wle 28-2-2011 i i et & 1" .

| ok et R T R @ fRW @ s 4, fr TER $ e AR w daew # afegen WEis WA 106( 1) W 18 SR, 2011 10 Wit 1 FHAFR 28 T, 2011 T TR T A | s B QR A A TR I e o oF e e fear o sk werm T {3 S W RER w0 ® TR T 28 wad, 201] % o FR¥ R TE afwfrifa few o fe— | “ugeft mdts grr Wi allE 13 RemR, 2010 LB e #Y s IR a% fawna fEar & 1 M, I, HE WER AT TN Se e hfiflmfluzswfi 2011 % W & arquer ¥ ik TN (i) e, 1986 (1986 F129) % 6K 3 ) 2 THE GAZETTE OF INDIA: EXTRAORDINARY [Parr [1-—Skc. 3(i)] FF I0-9 (3) Z Vew Wi W T g, T R @ T @R w1 e W sfRgEm ders wLAL 671(3), arrE 30 oA, 1996 # g Frfefad sl oA s 2, sty — 50 A @ ¥ 1 | “<heg wd uiw uw R} safu R fore” vl B TR W o e T v R | ' [ & ST-20018/4/2002-Frda] < g8, Wy ofea formqur -aferg T4 B o wifefmt ot (Famo iR wfe = wEE) WU B e H At i W WA 671(31), FE 30 FeAmR, 1996 I WHIReA 1 ¢ SR e sifvgE HeAid HLAW. 710(3), TG 12 TR, 1996;

FLAL 590(31), MW 15 @, 1998;

FLa. 823(¥), ARIE 16 faaet, 1998;

F.37. 621(H), TE 2 FME, 1999;

FaT. 972(3), arra 28 faaRR, 2001; F.AM 130(31), A" 28 WAL, 2002; HLIM. 348(3), i@ 28 W, 2002; A 1044(3), THE 27 TR, 2002; L. 1063(3N), g 29 Feeait, 2004; FLHAL 1432(3), TG 31 F@=w, 2004;

FLAA. 1639(3), aRT@ 29 Faamr, 2006;

FLAL 50(H), T 17 IS, 2007;

FLA. 506(3A), TG 31 W, 2007; FLIA.

1007(31) TH@ 22 I[A, 2007; FLAL 1556(31), i 17 faawa, 2007; a0 1677(3), sdE 28 TR, 2007; LT 2228( 3), v 31 e, 2007; LA 2979(3N), A 26 frwaR, 2008 sl 106(30), A 18 S, 2011 gR e & w1 MINISTRY OF ENVIRONMENT AND FORESTS NOTIFICATION New Delhi, the 18th May, 2011 §.0. 1101(E).——Whereas, in pursuant to the directions of the Hon’ble Supreme Court of India in W.P.

No. 914 of 1991 filed by Vellore Citizens Welfare Forum V/s, Union of India-and Others, the Central Government constituted the Loss of Ecology (Prevention and Payments of Compensation) Authority for the State of Tamil Nadu (hereinafter referred to as Authority) for a period of two years vide notification of Government of India in the Ministry of Environment and Forests, number $.0. 671(E), dated the 30th September, 1996, under sub-section (3) of Section 3 of the Environment (Protection) Act, 1986 (29 of 1986) to perform the following functions amongst others namely :— BB IR AT A i o APPSR O @ to assess the loss to the ecology and environment in the affected areas and also identify the individuals and families who have suffered because of the pollution and assess the compensation to be paid to the said individuals and families;

(b) to determine the compensation to be recovered from the polluters as cost of reversing the damaged environment;

(©) to direct the closure of any industry or class of industries owned or managed by a polluter in case of evasion or refusal to pay the compensation awarded against the polluter;

And whereas, the Central Government had made amendments from, time to time, in the aforesaid notification thereby extended of the tenure of the Authority;

‘And whereas, a W.P. No. 23291 of 2006 was filed by the Vellore Citizens Welfare Forum in the Hon’ble High Court of Madras seeking direction that the above said Authority be made a permanent Authority and the Hon’ble High Court of Madras, during the pendency of the said Writ Petition ordered to extend the tenure of the said Authority form time to time.

'And whereas, the Hon’ble High Court vide its order dated 13-12-2010 held that— “Inthe aforesaid premises, we adjourn the matter to 28th February, 2011, Till then, present Authority shall confinue to function. it is made clear that we have not passed any interim order.

The matter is posted for 28-2-2011 for further hearing.” And whereas, in pursuant to the directions of the Hon’ble High Court of Madras the Government of India in the Ministry of Environment and Forests, vide notification number S.0. 106(E), dated the 18th January, 2011 extended the tenure of the Authority upto 28th February, 2011;

And whereas, the Central Government had further - filed an affidavit in the Hon’ble High Court of Madras and upon consideration of the same the Hon’ble High Court of Madras vide its order dated the 28th February, 2011 held that— “The order dated 13th December, 2010 passed by the first Bench is extended until further orders”.

Now, therefore, in compliance of the order dated the 28th February, 2011 passed by the Hon’ble High Coust of Madras and in exercise of the powers conferred by sub-section (3) of Section 3 of the Environment (Protection) Act, 1986 (29 of 1986), the Central Government hereby ‘makes the following further amendment in the notification of the Government of India in the Ministry of Environment and Forests, number S.0. 671(E), dated the 30th September, 1996, namely :— P p——p— [.'GI"T 11-@vg 3(ii)] R A ¢ ST ) 3 In the said noification in paragraph 1, for the words “for a period of fourteen years and five months” the words “until further orders” shall be substituted.

[F. No.- Z-20018/4/2002-CPA] RAINEESH DUBE, Jt. Secy.

Note : The notification constituting the Loss of Ecology (Prevention and Payments of Compensation) Authority for the State of Tamil Nadu, was published in the Gazette of India, Extraordinary vide numbers S.0. 671(E), dated the 30th September, 1996 and subsequently amended vide notification numbers $.0.710(E), datedthe 12th October, 1996; $.0.590 (E), dated the 5th July, 1998; S.0. 823(E), dated the 16th September, 1998; $.0. 621(E), dated the 2nd August, 1999; S.0. 972(E), dated the 28th September, 2001; S.0. 130(E), dated the 28th January, 2002; S.0. 348(E), dated the 28th March, 2002;

S.0. 1044(E), dated the 27th September, 2002;

$.0. 1063(E), dated the 29th September, 2004;

S.0. 1432(E), dated the 31st December, 2004;

8.0. 1639(E), dated the 20th September, 2006;

$.0. 50(E), dated the 17th January, 2007; 5.0. S06(E), dated the 31st March, 2007; 5.0. 1007(E), dated the 22nd June, 2007; S.O. 1556(E), dated the 17th September, 2007; S.0. 1677(E), dated the 28th September, 2007; S.0. 2228(E), dated the 31st December, 2007, 5.0. 2979(E), dated the 26th December, 2008 and S.0. 106(E), dated the 18th January, 2011.

Printcd by the Manager, Govemment of India Prdss, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controlier pf Publications, Delhi-110054.

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