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The Bombay HC dismissed an appeal filed before it for a Breach of National Green Tribunal (NGT) orders by Maharashtra Road Development Corporation (MRDC) and Maharashtra Pollution Control Board (MPCB). The Green tribunal in its earlier decision had ordered the MRDC and MPCB to take action towards reducing air and noise pollution by vehicular tr0affic along Bandra-Worli Sea Link as it cause nuisance to the residence on the side of Worli Sea link.
The tribunal in its order directed the authorities to fix noise standards for use of sirens and multi-toned horns in consultation with Central Pollution Control Board according to Section 17(g) of Air (Prevention & Control of Pollution) Act, 1981. The respondent in the present appeal had filed a petition earlier before the judicial Magistrate under Section 15 of the Environmental Protection Act, 1986 alleging non compliance of the tribunal’s order by the authorities.
The HC while considering the appeal observed that “In view of Section 26 of National Green Tribunal Act and considering the entire scheme of National Green Tribunal Act for the contravention of the orders passed under National Green Tribunal, the efficacious and proper remedy available to the complainant is under section 26 of the NGT Act.” The bench further said that the Green Tribunal has already made it clear in its judgment that in case of non-compliance of the directions, the Tribunal may hold the Authority in contempt and prosecute them.
Therefore, the HC while quashing the process issued by Judicial Magistrate on the complaint directed complainant for approaching the NGT itself for a efficacious remedy. At the end along with setting aside of magistrate order the bench also appreciated the efforts of the complainant towards fighting against air and noise pollution.
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