Tribunals and CommissionsFull Bench(2021) 10 NGT CK 0024

Manoj Kumar Misra & Anr vs Union of India & Ors

National Green Tribunal · Decided on 28 October 2021

HON’BLE JUDGES
Sudhir Agarwal, JM · Brijesh Sethi, JM · Dr. Nagin Nanda, EM
RESULT
Dismissed
CASE NUMBER
M.A No. 75 Of 2021 IN Original Application No. 300 Of 2013

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Judgment

6 paragraphs · 258 words
1.

This is an application filed on behalf  of North Delhi Municipal Corporation seeking clarification/further directions in the order dated 08.05.2015 in O.A. No. 06/2012, Manoj Mishra v. Union of India & Ors. and other connected matters.

2.

The request made by the applicant may be reproduced as under:

"a) Allow the present application and further be pleased to summon the defaulters to this Hon'ble Tribunal ta pay all the outstanding Environmental Compensation or in alternative pass directions to the Revenue Authorities (District Magistrates and SMDs} of the Government of NCT of Delhi to ensure compliance of the orders passed by this Hon'ble National Green Tribunal vide order dated 08-05-2015 and to enforce recovery of the environmental compensation dues of Rs. 5,000/- on each incident as imposed by the applicant/North DMC by attachment of the moveable or immoveable properties of the polluters/violators as per the list enclosed as ANNEXURE A-1.

b) Pass directions to DPCC for imposing hefty environmental compensation on these habitual polluters owning cattle illegally to discourage them."

3.

We have seen the order dated 08.05.2015 and it is very clear. We do not find that it requires any modification. Moreover, the application in question is not maintainable under any provision of National Green Tribunal Act, 2010. We are also of the view that there is enough power vested with the applicant establishment, which is a statutory local body, to take appropriate action, as directed by this Tribunal. It cannot shift its own responsibility and obligation upon any other body or authority.

Application is accordingly dismissed.