National Green Tribunal
1 month ago
How to draft a notice to the company under NGT act,2010, we are facing lot of problems for this environment pollution and water pollution, Without local devlopment Development,
A.Dear Client,
Instead of a legal notice to a Company whose activities polluted the environment, a complaint preferably a mass complaint needs to be filed before the Chairperson appointed under the National Green Tribunal Act, 2010 to resolve the threat of pollution. Sec.2(m) of the Act defines substantial questions relating to the environment that include direct violation of specific statutory environmental obligations by a person, by which a) a community at large is affected by the environmental pollution, b) the gravity of damage to environment or property is substantial, c) damage to public health and the environmental consequences related to a specific activity or a point source of pollution. Further Sec,2(f) defines a person that includes an individual, HUF, Company, Firm, an association of persons, or a body of individuals, a trust, a local authority, and every artificial judicial person. As per Sec.14(1) of the Act, a tribunal shall have jurisdiction over all civil cases where substantial questions relating to the environment are involved and such questions arise out of the implementation of the enactments as specified in Schedule - I of the Act. In view of the above proposition of law, a mass complaint against the concerned company before the Chairperson, NGT may resolve the matter in the right way.
Instead of a legal notice to a Company whose activities polluted the environment, a complaint preferably a mass complaint needs to be filed before the Chairperson appointed under the National Green Tribunal Act, 2010 to resolve the threat of pollution. Sec.2(m) of the Act defines substantial questions relating to the environment that include direct violation of specific statutory environmental obligations by a person, by which a) a community at large is affected by the environmental pollution, b) the gravity of damage to environment or property is substantial, c) damage to public health and the environmental consequences related to a specific activity or a point source of pollution. Further Sec,2(f) defines a person that includes an individual, HUF, Company, Firm, an association of persons, or a body of individuals, a trust, a local authority, and every artificial judicial person. As per Sec.14(1) of the Act, a tribunal shall have jurisdiction over all civil cases where substantial questions relating to the environment are involved and such questions arise out of the implementation of the enactments as specified in Schedule - I of the Act. In view of the above proposition of law, a mass complaint against the concerned company before the Chairperson, NGT may resolve the matter in the right way.
Helpful
Helpful
Share
A.Dear client, approach a lawyer at your location or any NGO on environmental concerns for drafting a notice to the company.
Helpful
Helpful
Share
Read Related Answers
Tree near boundary
Dear Client,
It is advisable to discuss the issue with your neighbor and try to solve it amicably. If it's not resolved through verbal request, then you can send a legal notice and demand them to make...
Property way dispute
Dear Client,
You need to adhere to the schedule of the property as mentioned in the Sale Deed. As per the sale deed, you are entitled to the common passage area of 9 feet passage. However, suppose the...
Suit for Declaration Clarification
Dear Client,
Chapter VI of the Specific Relief Act 1963 provides for Declaratory Decrees under Section 34 of the Act. Any person entitled to any legal character, or to any right as to any property, ma...
Regarding Preamtion
Dear Client,
We would require more details to precisely answer your question on pre-emption rights. In case, a sale deed is executed for the properties in which you hold shares without your consent, t...
Building house on land assigned for shop
Dear Client,
Generally, it is illegal to construct a house on the land granted for commercial activities or vice-versa without the permission of the local authorities. We would require more details on...
Read Blogs on Civil
Civil Lawyers
Find Lawyers by Location
