National Green Tribunal
Inter Globe Aviation Limited vs Union Of India on 15 October, 2018
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 422 of 2017
(M.A. No. 794/2017)
IN THE MATTER OF:
Inter Globe Aviation Limited
Vs.
Union of India & Ors.
CORAM : HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE DR. JUSTICE JAWAD RAHIM, JUDICIAL MEMBER
HON'BLE MR. JUSTICE RAGHUVENDRA S. RATHORE, JUDICIAL MEMBER
HON'BLE DR. SATYAWAN SINGH GARBYAL, EXPERT MEMBER
Present: Applicant /Appellant: Mr. Pinaki Misra, Sr. Adv. with Mrinal Ojha, Mr.
Ishaan Chhaya, Ms. Shifa Nagar, Advs.
Respondents: Ms. Anjana Gosain, Adv. for R-2
Mr. B.V. Niren and Mr. Kshitij Mudgal, Advs. for R-3 Date and Orders of the Tribunal Remarks Item No. 02 1. This application has been filed under Section 14 of October the National Green Tribunal Act, 2010 seeking direction to 15, 2018 A respondent numbers 1 to 3 i.e. Union of India, Director General of Civil Aviation and Ministry of Health and Family Welfare for use of appropriate insecticides, other than phenothrin or de-phenothrin, for elimination of mosquitoes and other vectors inside the aircraft while the passengers are on board.
2. This Tribunal had earlier passed order dated 03.08.2015 in Original Application No. 515/2014, Jai Kumar Vs. Union of India & Ors. on an application of Neurologist and Director, Primary Stroke Centre, Baylor Hospital Garland (Dallas), Texas, USA seeking direction that pesticides should not be sprayed while passengers are still on board as such sprays are injurious to human health. In support of this submission, certain articles by experts were also produced.
3. The Tribunal noted that none of the respondents 1 was able to show that such spray is not injurious to Item No. human health. Learned counsel for all the respondents 02 agreed that no spray will be carried out in the aircraft October 15, 2018 A when passengers are on board. Such activity will only be done when aircraft is empty at appropriate time.
4. The applicant herein filed a Review Application No. 09/2017, against order dated 03.08.2015 in Jai Kumar Vs. Union of India & Ors., supra. The Tribunal, vide order dated 16.06.2017, observed that there was no error apparent on record under order XLVII Rule II of CPC calling for review prayer for review was not accepted. However, it was observed that if the applicant had any substantial question relating to environment, an independent application could be filed under Section 14 of the National Green Tribunal Act, 2010. Thereafter, the present application has filed on 24.06.2017.
5. We have heard the learned counsel for the parties.
6. It is clear that the prayer made in the present application is in the nature of review which has already been rejected. The observation while rejecting review cannot in any manner be treated as permission to seek review by changing the label. Any order which may now be passed by this Tribunal accepting such prayers will be in conflict with the order passed on 03.08.2015, supra.
Accordingly, this application is dismissed.
.........................................., CP (Adarsh Kumar Goel) ........................................., JM (Dr. Jawad Rahim) 2 Item No. 02 October ........................................., JM 15, 2018 (Raghuvendra S. Rathore) A ........................................., EM (Dr. Satyawan Singh Garbyal) 15.10.2018 3