Tribunals and CommissionsFull Bench(2022) 09 NGT CK 0004

Saket Girls PG College vs State Of Uttar Pradesh & Ors

National Green Tribunal · Decided on 6 September 2022

HON’BLE JUDGES
Adarsh Kumar Goel, CP · Arun Kumar Tyagi, JM · Prof. A. Senthil Vel, EM · Dr. Afroz Ahmad, EM
RESULT
Dismissed
CASE NUMBER
Review Application No. 28 Of 2022 IN Original Application No. 44 Of 2022

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Judgment

9 paragraphs · 395 words
1.

This Application by the original applicant seeks review of order of this Tribunal dated 01.07.2022 whereby the Tribunal accepted the stand of the applicant about remedial action against violation of environmental norms in not completing the drain in front of the applicant college. Relevant extract from the said order is reproduced below:-

“

6.

As shown from the above narrative, there appears to be violation of environmental norms in leaving the drains incomplete, in front of the College, requiring remedial action. While the stand of the State PCB is that the College has failed to install STP and is discharging waste water, stand of the Applicant College is that it is the failure of authorities in remedying the blockage of the drains.

7.

Report of the Executive Officer, Municipal Council, Bela, Pratapgarh addressed to the Applicant College is that reason for blocking of the drain was illegal construction.

8.

On due consideration of the issue, we find it difficult to accept the stand that the College is required to take CTE/CTO or to install STP. Remedial action needs to be taken to complete the drain and to prevent and control of water logging by the District Magistrate, Pratapgarh and the Municipal Council, Pratapgarh. The Applicant College or other stake holders may also be associated in the process. Budget is not our concern which is to be dealt with by the concerned authorities, environment protection being absolute liability of the State.

9.

Remedial measures for proper drainage and carrying sewage and sullage to the STP, avoiding inundation and such other areas as may be found necessary may accordingly be planned and executed under the supervision of the District Magistrate and action taken report furnished to the Secretary, Urban Development, UP. The Applicant College will be at liberty to move the District Magistrate and the Secretary Urban Development for redressal of any further grievance.”

2.

In the Review Application, apart from submitting that the applicant could not appear on the date, which was preponed from the scheduled date, it is stated that no time has been fixed for execution of the order and due to monsoon, applicant’s premises are drowned in the water.

3.

Since the order sought to be reviewed is in favour of the applicant, no prejudice having been caused to it, no ground is made out for review.

The Review Application is dismissed.