Disposed

News Item Titled "Feeling Anxious? Toxic Air Could Be to Blame" Appearing in Times of India Dated 10.10.2023 vs

NGT3 Sept 2024IA No. 408/2024 in Original Application No. 638/2023

Case brief

AI extract

What is this about?

The National Green Tribunal disposed of an interim application where the CPCB sought permission to utilize Environment Protection Charges funds for thrust areas. Finding no restraining order existed, the Tribunal held no direction was required.

What the court decided

AI extract

News Item Titled "Feeling Anxious? Toxic Air Could Be to Blame" Appearing in Times of India Dated 10.10.2023 vs — NGT (2024) — LawSathi Research

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Item No. 17

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Court No. 1

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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IA No. 408/2024 In Original Application No. 638/2023

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News Item titled "Feeling anxious? Toxic air could be to blame" appearing in Times of India dated 10.10.2023

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Date of hearing: 03.09.2024

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CORAM: HON’BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON HON’BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER HON’BLE DR. A. SENTHIL VEL, EXPERT MEMBER

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Respondent:

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Mr. Raj Kumar, Adv. for CPCB in I.A No. 408/2024

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ORDER

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By the previous order dated 14.08.2024, the Tribunal had fixed this O.A. for 26.09.2024 but in the meanwhile I.A. No. 408/2024 has been filed by the CPCB with the prayer to permit the CPCB to utilize Environment Protection Charges (EPC) funds received under the directions of Hon’ble Supreme Court in W.P. (C) No. 13029 of 1985 for indicated thrust area and proposed guidelines for gap funding support.

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We have heard learned Counsel for the CPCB. Learned Counsel does not dispute that there is no order passed by the Tribunal restraining the CPCB from utilization of EPC funds for indicated Thrust Areas. He has referred to the order of the Tribunal dated 19.12.2023. wherein mainly the issue of utilization of Environmental Compensation (EC) has been considered and details of the entire amount of EC laying deposited with CPCB and its utilization has been sought and a clarification has been sought as to how EC amount is being used for other purposes like construction of road which is the statutory responsibility of local body.

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Moreover, when the order dated 19.12.2023 was passed, relevant orders of the Hon’ble Supreme Court were not pointed out. By another subsequent order dated 02.04.2024 the Tribunal has asked the CPCB to submit the report covering certain issues but by that order also no restrain has been put upon the CPCB in respect of utilization of EPC funds.

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In view of the aforesaid, no direction as prayed for in the IA is required. The IA is accordingly disposed of.

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Prakash Shrivastava, CP

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Sudhir Agarwal, JM

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Dr. A. Senthil Vel, EM

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September 03, 2024 IA No. 408/2024 in O.A. No. 638/2023 A

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News Item Titled "Feeling Anxious? Toxic Air Could Be to Blame" Appearing in Times of India Dated 10.10.2023 vs

Case brief

What is this about?

What the court decided

News Item Titled "Feeling Anxious? Toxic Air Could Be to Blame" Appearing in Times of India Dated 10.10.2023 vs

Case brief

What is this about?

What the court decided

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