National Green Tribunal
Vidyadhar Durgekar vs Karnataka State Pollution Control ... on 28 February, 2022
Bench: K. Ramakrishnan, Satyagopal Korlapati
Item No. O1: BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI Original Application No. 24 of 2022(SZ) & I.A. No. 43 of 2022 (SZ) (Through Video Conference) IN THE MATTER OF: Vidyadhar Durgekar, 5, Ramky One North, Dodballapur Road, Yelahanka, Bengaluru -- 560 064. .«..Applicant(s) Versus 1. The Chairman, Karnataka State Pollution Control Board, Church Street; Bengaluru - 560.001. 2. The Executive Director, Port Division, Karwar, The Directorate of Ports & Inland: Water. Transport, Port Division, Baithkol Village, Karwar, Karnataka -- 581 301. 3. The Director of Ports, Government of Karnataka, Baithkol, Karwar, Karnataka -- 581 301. 4. The Chairman, Karnataka State Bio-diversity Board, Bengaluru -- 560 001. 5. The Commissioner, City Municipal Corporation, karwar -- 581 301. .... Respondent(s) Date of Order: 28.02.2022 CORAM: HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER HON'BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER For Applicant(s): Mr. Vidyadhar Durgekar (party-in-person) For Respondent(s): None. ORDER
1. The application was filed by the applicant with a prayer to set aside the "Consent to Establish" granted to the 3"! respondent/Government of Karnataka by the first respondent/Karnataka State Pollution Control Board. When this Tribunal, asked as:to how this is maintainable under Section 14 & 15 of the National Green.Tribunal Act, 2010. especially when'this is.an appealable order before the Appellate Authority and:if the:Appellate Authority.is not. constituted in State of Karnataka, then their remedy is to approach the Hon'ble High Court of Karnataka in view of the decision of Hon'ble:Apex Court in (Tamil Nadu Pollution Control Board Vs. Sterlite.Industries Limited), the applicant who appeared: in person sought permission to withdraw this application with liberty to file a fresh application raising grounds of violation of conditions imposed and consequential damage to. environment alone or to approach the appropriate forum challenging the 'Consent to Establish" granted.
2. The above submission is recorded and the application is dismissed as withdrawn with above liberty.
3. Since the Original Application itself was permitted to be withdrawn, I.A. No. 43 of 2022 is also disposed of as no further orders are required.
Sd/-
poseeeeeessececeeassececeeeeeeees J.M. (Justice K. Ramakrishnan) Sd/ sicceeeeessssseeeeeessssaeeeseees E.M. (Dr. Satyagopal Korlapati) O. A. No.24/2022 & I.A. No. 43/2022 (SZ) 28.02.2022,Sr.