AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
4 paragraphs · 219 wordsThe appellant feels aggrieved by the direction of forfeiture of bank guarantee of Rs.50 lakhs in the impugned order dated 28.01.2019 passed by the National Green Tribunal(NGT). At the outset, it is submitted that the direction of the NGT to the appellant was to set up the Sewage Treatment Plant (STP). It is further submitted that the NGT had vide its order dated 08.10.2018 granted three months time to the appellant to set up the STP.
Because of various reasons it was not possible to install the STP within the aforesaid time and, therefore, an application for extension of time was moved. This application is dismissed only on the ground that the direction for setting up STP was given on 13.11.2017. Mr. Shyam Divan, learned senior counsel, has taken us through the order dated 13.11.2017 passed by the NGT which contains no such direction.
Since the STP has already been set up and is now functioning and also the fact that there was no direction contained in the order dated 13.11.2017, we permit the appellant to approach the NGT with the aforesaid facts and for recall of the order of forfeiture of the bank guarantee. Once this is done by the NGT, obviously the direction for fresh performance guarantee would not be required.
The appeal stands disposed of accordingly.