Partly allowed

Ajay Kumar v. Uttarakhand Pollution Control Board

NGT2 Jan 2024Review Application No. 34/2023

Case brief

AI extract

What is this about?

In this review application, the National Green Tribunal allowed the applicant to withdraw the review petition with liberty to file a fresh original application, noting the Supreme Court's prior order allowed grievances to be raised anew.

What did the court decide?

Review application dismissed as withdrawn; liberty granted to file a fresh original application.

Ajay Kumar vs Uttarakhand Pollution Control Board — NGT (2024) — LawSathi Research

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Item No. 11

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Court No. 1

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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Review Application No. 34/2023 In Original Application No. 783/2022 Ajay Kumar Applicant

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Versus

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Uttarakhand Pollution Control Board & Ors.

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Respondent(s)

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Date of hearing: 02.01.2024

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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

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Applicant: Mr. Rohan Thawani & Ms. Aakriti Vikas, Advs. Respondent: Mr. Kaushal Gautam, AAG for UKPCB (Through VC) Mr. Gigi.C.George, Adv. for CGWA

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ORDER

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This Application has been filed seeking review of order dated 18.07.2023 passed in O.A. No. 783/2022.

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The aforesaid order was subject matter of challenge before Hon’ble Supreme Court at the instance of the review petitioner in Civil Appeal No. 5159/2023, Ajay Kumar vs. Uttarakhand Pollution Control Board & Ors. and the said Civil Appeal was disposed of by the Hon’ble Supreme Court by order dated 25.08.2023 on following terms:-

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“Mr. Rohan Thawani, the learned counsel appearing for the appellant submits that although substantial relief was granted by the National Green Tribunal in the Original Application filed by the appellant, the pollution effect from the brick Kilns located in the vicinity of the NCR was perhaps not appreciated with the requisite earnestness. However, if pollution level goes beyond the permissible parameters and the appellant does have the option to go back to the NGT, Mr. Thawani, the learned counsel prays for the liberty to

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withdraw this appeal so that, if necessary, the appellant may go back to the National Green Tribunal with fresh grievances.

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Accepting the above, the appeal stands disposed of as not pressed, reserving the liberty as aforesaid.”

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A perusal of the above order reveals that the appeal was withdrawn with liberty by the appellant to go back to the Tribunal with “ fresh grievances ”. The order therefore, permits the applicant to approach the Tribunal with the fresh grievances and not to seek the review of the order which is already passed.

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In view of above, learned Counsel for the applicant seeks permission to withdraw the review application with liberty to file a fresh OA.

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The prayer is allowed. Review Applicant is dismissed as withdrawn with liberty as prayed.

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Prakash Shrivastava, CP

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Arun Kumar Tyagi, JM

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Dr. A. Senthil Vel, EM

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January 02, 2024 Review Application No. 34/2023 In Original Application No. 783/2022 SN.

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Ajay Kumar v. Uttarakhand Pollution Control Board

Case brief

What is this about?

What did the court decide?

Ajay Kumar v. Uttarakhand Pollution Control Board

Case brief

What is this about?

What did the court decide?

What the court decided

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