New Delhi, Dec 24 The National Green Tribunal (NGT) has said that once it has decided on a plea, a fresh original application for the same complaint should not be entertained.
"Once a complaint has already been entertained by the Tribunal in an original application and it has been decided, for the same complaint, fresh original application is not entertainable," said a bench presided over by judicial member Justice Sudhir Agarwal.
If the order of the tribunal, passed in an earlier original application, is not complied with, the remedy lies in seeking its execution under Section 25 of the National Green Tribunal Act, 2010, added the Bench, also comprising expert member Dr A. Senthil Vel.
The green tribunal was hearing an original application raising a grievance that drains are being discharged near the residence of the applicant, causing damage to the environment and creating health hazards.
In the course of the hearing, the applicant admitted that against the same grievance, he earlier approached the NGT but the same was disposed of with the liberty to file a comprehensive complaint before the Member Secretary, Uttar Pradesh Pollution Control Board (UPPCB).
On receipt of the complaint, the UPPCB will duly consider it and take appropriate remedial action within three months, if required, the tribunal had ordered on July 24.
In his latest plea, the applicant complained that nothing had been done on his complaint filed before the UPPCB, though, three months’ timeline has already lapsed.
After the tribunal pointed out that for the same complaint, a fresh original application is not entertainable, the applicant’s counsel requested that his plea may be treated as an execution application and appropriate order may be passed.
In view of the submission made, the NGT ordered that the original application will be treated as an execution application in the original application and the registry will re-number it.
"We issue notice to Member Secretary, UPSPCB to explain as to what action it has taken in compliance with Tribunal’s order dated 24.07.2024 and a complaint made by applicant vide letter dated 06.08.2024 and reply shall be submitted within one month," ordered the tribunal, posting the matter for next hearing on February 6.
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