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Judgment
Appeal No. 79 of 2014 was directed against the Environmental Clearance (for short, "EC") dated 21st August, 2014. A Bench of the Tribunal vide judgment dated 21st December, 2016 set aside the EC granted to the project.
Three different review applications have been filed by different respondents seeking review/modification of the judgment dated 21st December, 2016 on different grounds.
We have heard the learned Counsel appearing for the respective parties, including the non-applicant, at length. After hearing the parties and perusing the records before us, we are of the considered view that the grounds raised in the present applications for review have no merit and fall within the Appellate Jurisdiction in contradistinction to Review Jurisdiction.
However, for proper implementation of the judgement, a clarification needs to be issued which we do hereby issue, that the project proponent is at liberty to approach the MoEF&CC or any other competent authority for processing of the applications for grant of EC upon making up for/rectifying the defects and deficiencies pointed out in the judgment. However, the authorities concerned are at liberty to process the same in accordance with law while strictly adhering to the content of the judgment.
In view of the above, the Review Application Nos. 02 of 2017, 04 of 2017 and 06 of 2017 stand disposed of with no order as to cost. However, the parties would be free to approach the Tribunal if the occasion so arises.
M.A. Nos. 110/2017, 325/2017, 330/2017 & 331/2017 do not survive for consideration as the Review Applications have been disposed of. Accordingly, they stand disposed of.