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Tribunals and CommissionsFull Bench(2022) 05 NGT CK 0014

Anil Nishani vs Union of India & Ors

National Green Tribunal · Decided on 11 May 2022

HON’BLE JUDGES
Adarsh Kumar Goel, CP · Sudhir Agarwal, JM · Prof. A. Senthil Vel, EM
RESULT
Dismissed
CASE NUMBER
Appeal No. 18 Of 2022

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Judgment

4 paragraphs · 198 words
1.

This Appeal has been preferred under section 16 of the NGT Act against grant of Consent by Karnataka State PCB dated 11.11.2021 in favor of R-12 - M/s Nirani Sugar Ltd. & M/s Nirani Distilleries Pvt. Ltd, District Bagalkot, Karnataka, under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981.

2.

We have heard learned Counsel for the Appellant. He is unable to show how the Appeal under Section 16 is maintainable.

3.

It appears from the record that the appellant had earlier filed O.A No. 81/2017, Anil Nishani v. Union of India & Ors., which was dismissed on 04.09.2018 against which Civil Appeal No. 11493 of 2018, Anil Nishani v. Union of India & Ors., was filed before the Hon’ble Supreme Court and was dismissed as withdrawn with liberty to challenge EC. The order of the Hon’ble Supreme is dated 10.12.2018. No challenge to EC has been made but it is stated that no EC has been granted.

In view of above, the Appeal is dismissed as not maintainable without prejudice to any other remedy against any violation, including absence of EC, in accordance with law.