Efficacious Remedy For Breach Of Orders Of NGT Is Under Sec.26 Of NGT Act And Not Before Magistrate Under Sec.15 EPA : Bombay HC [Read Judgment]

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4 May 2019 9:51 AM IST

  • Efficacious Remedy For Breach Of Orders Of NGT Is Under Sec.26 Of NGT Act And Not Before Magistrate Under Sec.15 EPA : Bombay HC [Read Judgment]

    "I appreciate the efforts taken by the respondent/ original complainant for maintaining the ecological balance of this fully crowded city. Though the process is quashed and set aside, the mission taken by the complainant to fight against air and noise pollution cannot be underestimated", observed the Court.

    While quashing the process issued by a judicial magistrate on a complaint filed under Section 15 of the Environment Protection Act 1986 alleging violation of orders of the National Green Tribunal, the Bombay High Court has observed that the efficacious remedy in such cases is to approach the NGT itself under Section 26 of the NGT Act."in view of Section 26 of National Green Tribunal Act...

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