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NGT junks review plea seeking stay on Noida Metro work

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. The review plea filed by Vikrant Tongad contended that it was necessary to “modify and review” the judgment dated May 31, 2016 to the extent that the project may be stayed until environmental clearance is obtained in line with the spirit of the Environment Impact Assessment Notification, 2006 which requires a “prior” environmental clearance. 

“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 Rahul Choudhary said.
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