Dismissed

Misc Application in disposed of cases No. 85/2025 in Original Application No. 138/2023 of Sanjaya Kumar Mishra v. Cgwa

NGT2 Jul 2025Misc Application in disposed of cases No. 85/2025 in Original Application No. 138/2023

Case brief

AI extract

What is this about?

Miscellaneous Application filed in a disposed of Original Application regarding unauthorized groundwater extraction. Applicant sought to quash NOC and levy environmental compensation. The National Green Tribunal held the MA was not a review or execution application and lacked maintainability as prayers did not arise from existing directions. Application dismissed.

What did the court decide?

Miscellaneous Application dismissed; leave to file review or execution application reserved.

Misc Application in disposed of cases No. 85/2025 in… — Writ and Judicial Review | NGT (2025)

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Item No. 04

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Court No. 1

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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M.A. No. 85/2025 In Original Application No. 138/2023

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Sanjaya Kumar Mishra Applicant

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Versus

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Central Ground Water Authority & Ors.

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Respondent(s)

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Date of hearing: 02.07.2025

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

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Applicant: Mr. Sanjaya Kumar Mishra, Applicant in Person

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ORDER

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This Miscellaneous Application has been filed in the disposed of Original Application No. 138/2022. In the MA, Applicant has made the following prayers:

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“1. Direct the Central Ground Water Authority (CGWA) to declare the No Objection Certificate (NOC) dated 28th August 2011, issued to Respondent No. 3, as null and void ab initio.

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2. Direct the Central Ground Water Authority (CGWA) to impose and recover Environmental Compensation against Respondent3 for unauthorized extraction and use of groundwater, calculated from 1st September 2006-the date from which Water Cess was accepted under the Water (Prevention and Control of Pollution) Cess Act, 1977-based on a five-day workweek basis.

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3. Direct the HSPCB to review the water consumption data in the Consent-to-Establish and Consent-to-Operate and assess if any violation committed and then impose and recover Environmental Compensation accordingly.

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4. Pass an Order that may be deemed necessary and fit on the facts and circumstances of the aforesaid case.”

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In the original application, the Applicant had raised the grievance relating to illegal extraction of water by Respondent No. 3. The Tribunal had formed the joint Committee and had called for its report and, thereafter, had disposed of the OA by order dated 06.09.2023 with the following direction:

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“xxx ………………………………..xxx…………………………………..xxx 4. Hence, we are of the view that the appropriate action in the matter is now required to be taken by the Central Ground Water Authority after giving opportunity of hearing to the applicant and project proponent. The Central Ground Water Authority will also take into account the report of the joint Committee and the stand taken by the applicant in the reply dated 05.09.2023 filed in response to the Report of the Joint Committee. The CGWA is expected to take expeditious action in the matter and also submit action taken report before the Registrar General of this Tribunal within three months. If found necessary, the Registrar General may place the matter before the Bench for consideration.”

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The present MA is neither in the nature of review nor it is an execution application. The prayers which have been made in the MA do not arise out of any direction issued in the OA. The office has also raised objection about its maintainability. The Applicant could not advance any satisfactory argument for entertaining such a Miscellaneous Application in a disposed of OA.

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Hence, the MA is dismissed. It is, however, made clear that this dismissal order will not come in the way of the Applicant in filing review or execution application.

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Prakash Shrivastava, CP

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Dr. A. Senthil Vel, EM

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July 02, 2025 M.A. No. 85/2025 In Original Application No. 138/2023 dv

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Misc Application in disposed of cases No. 85/2025 in Original Application No. 138/2023 of Sanjaya Kumar Mishra v. Cgwa

Case brief

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What did the court decide?

Misc Application in disposed of cases No. 85/2025 in Original Application No. 138/2023 of Sanjaya Kumar Mishra v. Cgwa

Case brief

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What did the court decide?

What the court decided

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