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Judgment
This application seeks review of order 12.07.2022 in O.A. No. 119/2022, Benny Sebasstian vs. M/s. VKL Infrastructure Facilities (P) Ltd. & Ors.
By the said order, the Tribunal considered the grievance against violations of environmental norms in operating mining activities by M/s. VKL Infrastructure Facilities (P) Ltd. and M/s. VKL Projects (P) Ltd., 1st Floor, Anjana Complex, Kundannoor, Maradu P.O., Kochi-682 304, Kerala. After considering the report dated 23.05.2022 of the joint Committee comprising SEIAA, Kerala, Kerala State PCB and District Magistrate, Thiruvananthapuram acknowledging that violations were taking place, the Tribunal directed the State PCB to asses and recover compensation on ‘Polluter Pays’ principle and the amount recovered may be utilized for restoration of environment. The Tribunal also accepted the recommendations for coercive action of closure till norms were complied.
The case of the review application is that the applicant was not heard. Compensation should have been determined by the Tribunal itself.
We are unable to accept the stand in the review application. Presence of the Advocate for the applicant is shown in the order and there could be no question of denial of opportunity. Further, the issue having been considered by this Tribunal on merits, review application cannot be entertained for seeking re-hearing.
The application is accordingly dismissed.
Pending I.A.s, if any, also stand disposed of.