NGT Declares Fresh Applications for Identical Complaints Unacceptable
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New Delhi, Dec 24 (NationPress) The National Green Tribunal (NGT) has ruled that once it has rendered a decision on a plea, a new original application concerning the identical complaint will not be accepted.
“Once a complaint has been resolved by the Tribunal in an original application, it is not permissible to entertain a new original application for the same issue,” stated a panel led by judicial member Justice Sudhir Agarwal.
If the tribunal’s earlier order from the original application is not adhered to, the appropriate course of action is to request its execution under Section 25 of the National Green Tribunal Act, 2010, added the panel, which also included expert member Dr A. Senthil Vel.
The green tribunal was addressing an original application that raised concerns regarding sewage being discharged near the applicant’s residence, which is causing environmental damage and posing health risks.
During the proceedings, the applicant acknowledged that he had previously approached the NGT regarding the same issue, but it was resolved with the allowance to submit a detailed complaint to the Member Secretary of the Uttar Pradesh Pollution Control Board (UPPCB).
Upon receiving the complaint, the UPPCB is mandated to review it and implement necessary remedial actions within three months, as per the tribunal’s directive on July 24.
In his recent application, the applicant expressed dissatisfaction, stating that no actions had been taken regarding his complaint submitted to the UPPCB, despite the three-month period having elapsed.
After the tribunal emphasized that a new original application for the same grievance is not permissible, the applicant’s counsel requested that his submission be classified as an execution application for the issuance of an appropriate order.
Considering this request, the NGT ruled that the original application will be categorized as an execution application, and the registry will reassign its number.
“We direct the issuance of a notice to the Member Secretary, UPSPCB to clarify what measures have been taken in compliance with the Tribunal’s order dated 24.07.2024 and the complaint submitted by the applicant on 06.08.2024. A response must be provided within one month,” the tribunal ordered, scheduling the next hearing for February 6.
