Manmohan Sharma vs State of Uttar Pradesh & Ors

This application seeks review of order dated 26.07.2021 in OA No. 47/2021, Manmohan Sharma v. State of Uttar Pradesh & Ors.

The issue considered in the said matter related to remedial action against setting up of the brick kiln in the forest land. After directing the concerned authorities to verify the facts and noting that the authorities had taken remedial action, the application was disposed of. Though the project proponent was represented by an advocate, but no submission was made except for seeking an adjournment.

The fact remains that the land in question, on which the brick kiln was set up, was found to be the forest land. The applicant had a remedy against the orders of the statutory authorities but the said orders have not been challenged. The ground in the review application is that the review applicant was granted statutory consent under the Water (Prevention & Control of Pollution) Act, 1974, which was later revoked. Further ground is that the Tribunal could not go into the question of title to the land where the brick kiln was set up.

We have duly considered the matter. The Tribunal having considered the matter earlier on merits based on material on record, including the orders of the statutory authorities holding the land to be forest land, which were not challenged by the review applicant, we do not find any merit in the review application.

The review application is dismissed.