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The National Green Tribunal (NGT), a judicial body that adjudicates environmental matters in India, has dismissed a petition filed by the Karnataka state government to review its earlier order penalizing the state for damage to lakes. The impugned order directed the government to deposit 5 billion Indian Rupees (approximately USD 70 million) in an escrow account for the rejuvenation of the polluted Bellandur, Varthur and Agara lakes in Bangalore.
The government had contended that the order to create an escrow account is beyond the statutory jurisdiction of the tribunal. The bench dismissed the government’s plea and ruled that it does have the powers of a civil court and could issue such directions. Section 15(1)(c) of the National Green Tribunal Act enables the NGT to provide, by way of an order, for the “restitution of the environment.”
“Upon perusal of the application, we find that, in the garb of an application for review, the applicant has questioned the very merit of the findings in the said order,” the Principal Bench of the NGT said. Refusing to consider the government’s claims that steps had been taken to revive the lakes, the NGT said, “there was (an) utter failure on the part of the State and its authorities in protecting the three lakes.”
The post India environment tribunal dismisses review petition against lake pollution order appeared first on JURIST - News - Legal News & Commentary.
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The government had contended that the order to create an escrow account is beyond the statutory jurisdiction of the tribunal. The bench dismissed the government’s plea and ruled that it does have the powers of a civil court and could issue such directions. Section 15(1)(c) of the National Green Tribunal Act enables the NGT to provide, by way of an order, for the “restitution of the environment.”
“Upon perusal of the application, we find that, in the garb of an application for review, the applicant has questioned the very merit of the findings in the said order,” the Principal Bench of the NGT said. Refusing to consider the government’s claims that steps had been taken to revive the lakes, the NGT said, “there was (an) utter failure on the part of the State and its authorities in protecting the three lakes.”
The post India environment tribunal dismisses review petition against lake pollution order appeared first on JURIST - News - Legal News & Commentary.
Continue reading...
Note: We don't have any responsibilities about this news. Its been posted here by Feed Reader and we had no controls and checking on it. And because News posted here will be deleted automatically after 21 days, threads are closed so that no one spend time to post and discuss here. You can always check the source and discuss in their site.