Dismissed

Society for Protection of Culture Heritage Environment Tradition and Promotion of National Awareness (Chetna) v. National Capital Territory of Delhi

NGT25 Mar 2022Review Application No. 5/2022

Case brief

AI extract

What is this about?

The National Green Tribunal dismissed a review application filed by the Delhi Development Authority seeking review of a compliance order regarding the Qutab Golf course. The Tribunal held it lacked jurisdiction due to the application being filed beyond the limitation period and the applicant changing its stance.

What did the court decide?

Review Application No. 05/2022 in Original Application No. 289/2017 dismissed.

Society for Protection of Culture Heritage Environment… — Environment and Pollution | NGT (2022)

¶1

Item No. 01

¶2

(Court No. 1)

¶3

BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

¶4

(By Video Conferencing)

¶5

Review Application No. 05/2022

¶6

¶7

Original Application No. 289/2017

¶8

Society for Protection of Culture, Heritage, Environment, Tradition and Promotion of National Awareness (CHETNA) Applicant

¶9

Versus

¶10

National Capital Territory of Delhi & Ors. Respondent(s)

¶11

¶12

Delhi Development Authority Applicant in RA 05/2022

¶13

Date of hearing: 25.03.2022

¶14

CORAM: HON’BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON HON’BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER HON’BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER HON’BLE PROF. A. SENTHIL VEL, EXPERT MEMBER HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER

¶15

IN CHAMBER BY CIRCULATION

¶16

ORDER

¶17

This Application seeks review of order dated 05.10.2017 directing

¶18

compliance of environmental norms by the Qutab Golf course, run by the DDA, the review applicant. The order has been passed in the light of stand

¶19

of the DDA itself as follows:-

¶20

“ Having heard both the sides and taking into consideration all attending circumstances we are of the opinion that issue raised by the applicant merits acceptance but in view of assurance of the respondents only following observation is necessary :

¶21

1. We record the submission on behalf of respondent no.2 that the water body shall be developed using stone

¶22

¶23

pitching as a material and they shall ensure that there is no obstruction for the percolation of the water into the underground water table for its recharge.

¶24

2. Respondent no.2 shall ensure rain water harvesting within the Qutab Golf area which is presently said to have 2 or 3 recharge wells. This shall be maintained and any additional facility which will improve the environment shall be done.

¶25

3. Respondent no.2 will ensure statement made in the affidavit with regard to protection of the environment is effectively implemented. Accordingly O. A. No. 289/2017 is disposed of, with no order as to cost, placing on record the undertaking of respondent no.2 . ”

¶26

In the Review Application now filed by the DDA, the stand earlier taken is sought to be changed, which is not permissible. Moreover, the Review Application has been filed after more than four years, beyond the prescribed limitation. The Tribunal has no jurisdiction to entertain review application filed after such a long period.

¶27

Review Application is accordingly dismissed.

¶28

Adarsh Kumar Goel, CP

¶29

Sudhir Agarwal, JM

¶30

Arun Kumar Tyagi, JM

¶31

Prof. A. Senthil Vel, EM

¶32

Dr. Afroz Ahmad, EM

¶33

March 25, 2022 Review Application No. 05/2022 In Original Application No. 289/2017 AB

¶34

Society for Protection of Culture Heritage Environment Tradition and Promotion of National Awareness (Chetna) v. National Capital Territory of Delhi

Case brief

What is this about?

What did the court decide?

Society for Protection of Culture Heritage Environment Tradition and Promotion of National Awareness (Chetna) v. National Capital Territory of Delhi

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Binay Kumar Malik vs Union of India Ministry of Environment Forest & Climate Change

National Green Tribunal Southern Zone vs the Secretary to Govt. of Tamilnadu Department of Forest

Nandkumar Pawar vs City and Industrial Development Corporation of Maharashtra

Nandkumar Pawar vs City and Industrial Development Corporation of Maharashtra

M Ezhumalai vs District Collector

Legal Aid Committee National Green Tribunal Bar Association vs Ministry of Environment, Forest and Climate Change

Ishlam Deen vs Bharti Airtel Limited

Benny Sebasstian vs M/S. Vkl Infrastructure Facilities (P) Ltd.

M/S Kisan Sahkari Chini Mills Ltd. Shekhupur District Badaun Uttar Pradesh vs Uttar Pradesh Pollution Control Board

M/S Kisan Sahkari Chini Mills Ltd. Puranpur District- Pilibhit Uttar Pradesh vs Uttar Pradesh Pollution Control Board

M/S Kisan Sahkari Chini Mills Ltd. Gajraula Hasanpur Amroha Uttar Pradesh vs Uttar Pradesh Pollution Control Board