Kerala Conservation of Paddy Land and Wetland Act, 2008 – Original application filed before National Green Tribunal (NGT) – Destruction of Wetlands and 10 acre Pond inside Technopark Region, Thiruvananthapuram, Kerala alleged – Order was passed directing District Collector, Thiruvananthapuram to take action – Present execution application filed – Dismissed – On appeal, held:Collector has passed an order pursuant to NGT’s order – Thus, the execution application filed before NGT became infructuous – Open to the appellant-petitioner to challenge the order of the Collector in accordance with law – Wetlands (Conservation and Management) Rules, 2010 – r.4 – Environmental Law.
Disposing of the matters, the Court
HELD: Given the fact that the Collector has passed an order pursuant to the NGT’s order dated 19.12.2018, it is clear that the execution application filed before the NGT has become infructuous. It is open to the petitioner to challenge the order of the Collector dated 30.04.2019 in accordance with law. If such challenge is made within a period of 8 weeks from today, the petitioner’s challenge will not be dismissed solely on the ground of delay. [Para 5][329-B]
M. K. Balakrishnan v. Union of India (2017) 7 SCC
810 (2) – referred to.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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