Tribunals and CommissionsFull Bench(2021) 04 NGT CK 0048

Ishlam Deen & Ors vs State of Himachal Pradesh

National Green Tribunal · Decided on 6 April 2021

HON’BLE JUDGES
Adarsh Kumar Goel, CP · Sudhir Agarwal, JM · Arun Kumar Tyagi, JM · Prof.A. Senthil Vel, EM · Dr. Vijay Kulkarni, EM · Dr. Afroz Ahmad, EM
RESULT
Disposed Of
CASE NUMBER
Review Application No. 07 Of 2022 In Execution Application No. 27 Of 2021 In Original Application No. 220 Of 2020

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Judgment

6 paragraphs · 207 words
1.

This application seeks review of order of this Tribunal dated 03.01.2022. By the said order, the Tribunal disposed of the Execution Application for enforcing earlier directions of this Tribunal dated 19.10.2020 directing the HP State PCB to take remedial action as per CPCB Guidelines on grievance of the applicant against mobile tower at Village and Post Gummar, Tehsil Jwalamukhi, District Kangra, H.P in an inhabited area, causing noise pollution.

2.

In the Execution Application, the Tribunal sought report from the State PCB to the effect that no violation of noise norms was found. Accordingly, the said application was disposed of by the impugned order.

3.

In the Review Application, it was stated that due to power cut, generator set is a source of disturbance.

4.

We find that when order dated 03.02.2022 was passed, the applicant did not appear. By way of Review Application, attempt is to seek rehearing to contest the report that the noise was within limit, which is not permissible.

5.

However, it is made clear that if the applicants have any surviving grievance, it is open to them to raise the issue, which is of individual nature, before concerned local Magistrate under Section 133 of CrPC.

The Review Application is disposed of.