New Delhi: The National Green Tribunal has dismissed a review petition seeking a stay on the construction of Metro line from Noida to Greater Noida till it gets mandatory environmental clearance under the provisions of the EIA notification and directions of the tribunal.
A bench headed by NGT Chairperson Justice Swatanter Kumar rejected the plea filed by an environment activist seeking modification of its May 31 order and noted that a separate petition may be filed in this regard.
"This application is beyond the purview and scope of Order XLVII, Rule 1 of Code of Civil Procedure, 1908 read with Section 19 of the NGT, Act. The counsel appearing for the applicant if so advised may file independent petition as pronouncement of law subsequent to the date of judgment would not be a ground for review of the judgment. Application is dismissed," the bench also comprising justice M S Nambiar said.
"In the present case, at the time of filing, the work had not progressed much, and therefore, this tribunal may direct Noida Metro Rail Corporation to stop construction work until a valid Environmental Clearance is granted as per law," the plea, filed through Mr Rahul Choudhary said.
It had also directed upcoming Noida-Greater Noida metro project to obtain environmental clearance from State Level Environment Impact Assessment Authority (SEIAA).
The order was passed on Mr Tongad's plea seeking directions to Noida Metro Rail Corporation (NMRC) to obtain environmental clearance for its project from Noida to Greater Noida after conducting proper Environment Impact Assessment of the project.
A bench headed by NGT Chairperson Justice Swatanter Kumar rejected the plea filed by an environment activist seeking modification of its May 31 order and noted that a separate petition may be filed in this regard.
"This application is beyond the purview and scope of Order XLVII, Rule 1 of Code of Civil Procedure, 1908 read with Section 19 of the NGT, Act. The counsel appearing for the applicant if so advised may file independent petition as pronouncement of law subsequent to the date of judgment would not be a ground for review of the judgment. Application is dismissed," the bench also comprising justice M S Nambiar said.
"In the present case, at the time of filing, the work had not progressed much, and therefore, this tribunal may direct Noida Metro Rail Corporation to stop construction work until a valid Environmental Clearance is granted as per law," the plea, filed through Mr Rahul Choudhary said.
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It had also directed upcoming Noida-Greater Noida metro project to obtain environmental clearance from State Level Environment Impact Assessment Authority (SEIAA).
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The order was passed on Mr Tongad's plea seeking directions to Noida Metro Rail Corporation (NMRC) to obtain environmental clearance for its project from Noida to Greater Noida after conducting proper Environment Impact Assessment of the project.
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