The Tribunal dismissed the appeal filed under Section 18 of the CAQM Act, 2021, holding that the remedy thereunder is limited to challenging specific orders, directions, or actions, and does not cover inaction or grievances against non-decision.
Appeal dismissed; appellant free to pursue other remedies.
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. 01
Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI
Appeal No. 46/2024
Capital Greens Apartments Owners Association
Appellant
Versus
Commission for Air Quality Management in NCR & Ors. Respondent(s)
Date of hearing: 25.11.2024
CORAM: HON’BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON HON’BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER HON’BLE DR. A. SENTHIL VEL, EXPERT MEMBER
Appellant: Mr. MCS Rao, Appellant in Person
ORDER
2021( for short the Act), appellant has made following prayers:-
“1. To kindly direct respondent no.1 (CAQM) to intervene and save the nearly 3000 apartment owners from harassment and extortion attempts by respondent no.s 2&3 as explained in the foregoing paras and direct them to follow the mandatory procedure elaborated in the appellant's email dated 01.08.2024 to them (Annexure - A4).
2. To kindly direct respondent no.1 (CAQM) to immediately restrain respondent nos. 2&3 from collecting any money from the apartment owners of DLF Capital Greens without following the mandatory procedure elaborated in the appellant's email dated 01.08.2024 to them (Annexure - A4).
3. Alternatively, the Hon'ble Tribunal may like to itself direct respondent no. s 2&3 as prayed in prayers 1&2 above in the interest of justice.
4. To pass any other order as the Hon'ble Tribunal may deem just and necessary under the circumstances.”
1
“18. An appeal shall lie to the National Green Tribunal constituted under the National Green Tribunal Act, 2010 against any order, direction or action taken by or on behalf of the Commission constituted under section 3.”
Prakash Shrivastava, CP
Arun Kumar Tyagi, JM
Dr. A. Senthil Vel, EM
November 25, 2024 Appeal No. 46/2024 AS..
2
2 issues framed by the court
Whether an appeal lies under section 18 of the Commission for Air Quality Management in NCR Act, 2021, to assail the respondents' inaction.
Whether an appeal challenging non-decision or inaction is maintainable under Section 18 of the Act.
1 provisions across 1 enactments
Capital Greens Apartments Owners Association
Commission for Air Quality Management in NCR
Prakash Shrivastava
Arun Kumar Tyagi
A. Senthil Vel
As recorded by the court registry
An appeal before a tribunal against an order of a statutory authority.
Judgements on the same questions, provisions and authorities, from every court
