The National Green Tribunal Special Bench dismissed an original application by a builder seeking permission to lay an underground pipeline, holding that only a victim of environmental damage can approach the Tribunal.
Application dismissed as the applicant lacks locus standi to move the Tribunal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Item No. 04
(Court No. 1)
BEFORE THE NATIONAL GREEN TRIBUNAL SPECIAL BENCH
(By Video Conferencing)
Original Application No. 13/2017(WZ)
Shantanu Deshpande
Applicant
Versus
Executive Engineer Irrigation Dept. & Ors.
Respondent(s)
Date of hearing: 05.07.2022
CORAM: HON’BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON HON’BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER HON’BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER HON’BLE PROF. A. SENTHIL VEL, EXPERT MEMBER HON’BLE DR. VIJAY KULKARNI, EXPERT MEMBER
Respondent(s): Mr. Rahul Garg, Advocate for PMC Mr.Vilas Jadhav, Advocate for 4 MPCB
ORDER
The applicant is a builder seeking to permission to lay underground pipeline for providing water to Windmill Village scheme. The underground pipeline is to pass through Ramnadi.
Since none appears for the applicant and even otherwise only victim of damage to the environment can move this Tribunal, the application will stand dismissed.
Adarsh Kumar Goel, CP
1
Sudhir Agarwal, JM
Dinesh Kumar Singh, JM
Prof. A. Senthil Vel, EM
Dr. Vijay Kulkarni, EM
July 5, 2022 Original Application No. 13/2017(WZ) A
2
1 issue framed by the court
Whether an application by an affected person seeking permission to lay a pipeline is maintainable before the Tribunal.
Shantanu Deshpande
Executive Engineer Irrigation Dept.
Adarsh Kumar Goel
Sudhir Agarwal
Dinesh Kumar Singh
A. Senthil Vel
Vijay Kulkarni
As recorded by the court registry
An original application before a tribunal, most commonly a service dispute before the Central or a State Administrative Tribunal.
Judgements on the same questions, provisions and authorities, from every court
