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M.A. No. 81/2022 has been filed seeking permission to file M.A. No. 82/2022 has been filed, seeking modification in the order of Tribunal dated 26.11.2014 and 07.04.2015 passed in O.A. No. 21/2014, Vardhman Kaushik Vs. Union of India & Ors.
Final orders were passed on 18.07.2016 and 28.07.2016 in O.A. No. 21/2014 (supra) and considering similar applications filed recently i.e., M.A. 51/2021 and M.A. No. 52/2021, Vardhman Kaushik Vs. Union of India & Ors., this Tribunal vide order dated 10.08.2021 passed following order:
“1. These applications seek impleadment and modification of orders dated 18.07.2016 and 20.07.2016 in OA 21/2014, Vardhaman Kaushik v. Union of India & Ors. By the said orders, this Tribunal directed deregistration of diesel vehicles which are more than 10 years of age. The basis of prayer in the present applications is that Covid period should be excluded for calculating the period of 10 years.
None appears for the applicant. We have considered the matter.
As noted in the order dated 18.07.2016, appeal against order dated 07.04.2015 directing that more than 10 years old diesel vehicles be not allowed to ply on Delhi roads was dismissed by the Hon’ble Supreme Court. In these circumstances, modification sought is in the nature of review. Review of the order against which appeal has already been dismissed is not permissible.
The applications are dismissed.”
For the reasons stated therein, we find that this application seeking modification/correction is virtually review of the earlier order which is not maintainable. M.A.s No. 81/2022 and 82/2022 are accordingly rejected.