Tribunals and CommissionsDivision Bench(2022) 10 NGT CK 0046

M/s Danish Leathers vs Ministry of Jal Shakti & Ors

National Green Tribunal · Decided on 31 October 2022

HON’BLE JUDGES
Sudhir Agarwal, JM · Prof. A. Senthil Vel, EM
RESULT
Dismissed
CASE NUMBER
Original Application No. 775, 776 Of 2022

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Judgment

3 paragraphs · 170 words
1.

This application has been filed under Section 14, 15, 16 and 17 read with Section 18(1) of National Green Tribunal Act, 2010 (hereinafter referred to as ‘NGT Act, 2010’) with the prayer that respondent no. 1 be directed to grant registration certificate to the applicant’s unit and further direction be issued to Uttar Pradesh Pollution Control Board to allow applicant’s unit to operate.

2.

In our view, cause of action and relief sought in the original application are not within the domain of Section 14 and 15 of NGT Act, 2010 since application is not seeking any protection of environment. It does not give rise to any substantial question relating to environment arising due to implementation of Acts mentioned in the Schedule to NGT Act, 2010.

3.

At this stage, Learned Counsel for the applicant states that she may be permitted to withdraw this application with liberty to avail appropriate remedy as available in law. We accept the request and dismiss applications as withdrawn with liberty as prayed for.