National Green Tribunal bench dismisses auto dealer’s review application for review of restrain order
Vishwas Kothari | TNN | Updated: Oct 5, 2017, 11:58 IST
PUNE: The National Green Tribunal bench here has dismissed a review application filed by Kothari Wheels, a prominent automobile sales and service station at Wakdewadi, against the tribunal's order of May 30 that imposed a Rs 20,000 cost for operating without a valid consent from the Maharashtra Pollution Control Board and restrained the service station's activities.
The MPCB had issued a notice to Kothari Wheels on April 5, 2016, asking it not to discharge substandard quality of effluent in the municipal drain and to seek its consent to operate the service station. This was after the owner of the complex, where the auto dealer runs its showroom, had moved the green tribunal.
Disposing of the revision plea on September 22, the bench of Justice U D Salvi and expert member Bikram Singh Sajwan observed, "In the present case, the record reveals that sufficient opportunity was made available to the respondent (Kothari Wheels) to present their case. No new and important matter or evidence in relation to the matter in issue is proposed to be produced before us for our consideration."
"We do not see any mistake or error apparent on the face of the record as we have duly considered the fact that the MPCB had invoked the provisions of Air and Water Act as well as Hazardous Waste Rules upon noticing the shortcomings as detailed in their notice on April 5, 2016, issued to the respondent-review applicant herein. We, therefore, do not find any merit in the present application. Hence dismissed," the bench said.
Lawyer Saurabh Kulkarni, who appeared for the original applicant Safire Park Galleria, told TOI on Wednesday, "We will now move a plea for execution of the May 30 order as the auto station was directed to pay Rs 20,000 cost to the original applicant."
The MPCB had issued a notice to Kothari Wheels on April 5, 2016, asking it not to discharge substandard quality of effluent in the municipal drain and to seek its consent to operate the service station. This was after the owner of the complex, where the auto dealer runs its showroom, had moved the green tribunal.
Disposing of the revision plea on September 22, the bench of Justice U D Salvi and expert member Bikram Singh Sajwan observed, "In the present case, the record reveals that sufficient opportunity was made available to the respondent (Kothari Wheels) to present their case. No new and important matter or evidence in relation to the matter in issue is proposed to be produced before us for our consideration."
"We do not see any mistake or error apparent on the face of the record as we have duly considered the fact that the MPCB had invoked the provisions of Air and Water Act as well as Hazardous Waste Rules upon noticing the shortcomings as detailed in their notice on April 5, 2016, issued to the respondent-review applicant herein. We, therefore, do not find any merit in the present application. Hence dismissed," the bench said.
Lawyer Saurabh Kulkarni, who appeared for the original applicant Safire Park Galleria, told TOI on Wednesday, "We will now move a plea for execution of the May 30 order as the auto station was directed to pay Rs 20,000 cost to the original applicant."
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