Rajkkamangalam Thurai vs Union Of India And Ors

This is an application filed by the appellant under Section 19(4) of the NGT Act 2010 and Rule 22 (1) of the National Green Tribunal (Practices & Procedure) Rules, 2011 to review the judgement dated 23.12.2016 in Appeal No.77 of 2015.

The scope of an application for review is different and distinct from that of an appeal. The applicant/appellant is not entitled to challenge the findings on merits, in an application for review, as if it is an appeal preferred against the judgment. We find that the attempt of the applicant is exactly the same, which is not permissible in law.

3.. The main ground taken for review is that the arguments advanced by the applicant and the State were not considered in the judgment. It is actually incorrect. Considering the arguments and agreeing or differing with the submissions are different. The arguments addressed by the applicant as well as the State were all properly considered in the appeal. The only other ground is that the competency of the Authority to cancel the Environmental Clearance under Section 5 of the Environmental (Protection) Act though not pleaded, should have been considered. Even though the said question was not in fact pleaded and not argued, as a clarification on that point was sought by the Bench while arguing the appeal, the matter was considered and answered in the appeal, even though no specific point was framed on that question.

If the applicant is aggrieved by the said finding or any other findings on the other points, the remedy is not to file a review application but to challenge the judgment by preferring an appeal as provided under the Act.

We find, no apparent error or other sufficient reason warranting a review of the judgment. The Review Application is, therefore, dismissed as provided under Rule 22 (3) of the National Green Tribunal (Practices and Procedure) Rules, 2011.