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NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
Prakash Shrivastava, Chairperson, Sudhir Agarwal, Judicial Member, A. Senthil Vel, Expert Member
National Highway Authority of India – Appellant
Versus
Prem Mohan Gaur – Respondent
| Table of Content |
|---|
| 1. review limited to errors apparent on record; no re-argumentation. (Para 1 , 2 , 3) |
| 2. principal executor liable for environmental violations despite subcontractors. (Para 4 , 10) |
| 3. joint committee report valid; post-facto opportunity sufficient. (Para 5 , 6) |
| 4. national importance no excuse for environmental law violations. (Para 7) |
| 5. encroachment on nallahs confirmed regardless of acquisition. (Para 8 , 9) |
| 6. charagah land nature unchanged without legal conversion. (Para 11 , 12 , 13 , 14) |
| 7. environmental compensation due for illegal tree felling beyond tree cost. (Para 15 , 16 , 17 , 18 , 19) |
| 8. ponds protected under article 21; compensation over demolition. (Para 20 , 21) |
| 9. no error in compensation quantum; review dismissed. (Para 22 , 23) |
ORDER
BY HON’BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
1. This Review Application has come up at the instance of National Highway Authority of India (hereinafter referred to as ‘Review applicant’ with the prayer to review and set aside order dated 13.04.2024 passed by this Tribunal in Original Application No. 892/2022, Prem Mohan Gaur vs. National Highway Authority of India & Others. Several grounds have been taken in Review
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