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SANJIV KHANNA, SANJAY KUMAR
Vijay Kumar Padalia – Appellant
Versus
State of Uttarakhand – Respondent
| Table of Content |
|---|
| 1. initial application to prevent environmental damage. (Para 1 , 2 , 3) |
| 2. court notes miscarriage of justice in dismissal. (Para 4 , 5 , 6) |
| 3. remand for appeal process under ngt act. (Para 7 , 9) |
| 4. final orders on appeal and interim measures. (Para 8 , 11 , 12 , 14 , 15) |
| 5. court's observation on procedural fairness and opportunities for the appellant. (Para 10 , 13) |
ORDER
The appellant, Vijay Kumar Padalia, had earlier filed Original Application No. 543/2017 for restraining the respondents therein and other State functionaries/authorities from constructing the motor road from NH-87 (now, NH-109)/Dakarauli to Malla Niglat, and for other ancillary reliefs, including a direction to the respondents not to cut, destroy, damage or degrade any tree/forest cover.
2. The aforesaid Original Application was permitted to be withdrawn, vide order dated 02.8.2018, with liberty to file a comprehensive application, incorporating subsequent developments. This order was passed in view of the statement made on behalf of the appellant, Vijay Kumar Padalia, that he had come to know about the issuance of forest clearance.
3. On 09.08.2018, the appellant, Vijay Kumar Padalia, filed what he b
The dismissal of an application due to technicalities constitutes a miscarriage of justice; amendments should be allowed to ensure proper adjudication.
The court emphasized the necessity of exhausting alternative remedies under the National Green Tribunal Act before seeking judicial intervention.
Points of law : Given mandate of the NGT Act, exercise of discretion, as was done in this case, to reject appeal by dismissing application for condonation of delay, on ground that no sufficient cause....
NGT liberally condones 53-day delay in Pollution Control Board's appeal due to bona fide administrative procedures, emphasizing substantial justice in environmental matters over hyper-technical limit....
The National Green Tribunal must consider internal procedures of authorities as sufficient cause for delay in filing appeals when it pertains to environmental matters.
NGT cannot condone delay beyond 30 days for restoration using Section 151 CPC, as it overrides mandatory statutory limits under NGT Act and Rules.
Court confirmed the mandatory requirement of gap analysis for the establishment of new biomedical waste facilities, emphasizing jurisdictional limitations on appellate authority and the importance of....
The main legal point established in the judgment is the importance of adhering to environmental regulations, the jurisdiction of the NGT, and the limitation period for challenging environmental clear....
Formal order under Section 16(i) NGT Act required for appeal against environmental clearance rejection.
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