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]

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. A question raised before the Court is whether the order passed by National Green Tribunal can be subject matter of Section 15 of Environment Protection Act. It can be in view of the terms used in Section 15 of the Environment Act, however, undoubtedly, the efficacious remedy available to the complainant is under section 26 of the National Green Tribunal Act" The complainant Dileep B Nivetia filed the complaint against officials of Maharashtra Road Development Corporation and Maharashtra Pollution Control Board for not taking steps in furtherance of order issued by NGT for reducing air and noise pollution by vehicular traffic along Bandra Worli Sea Link. Initially, the vehicular traffic about 4000 to 5000 vehicles per day were estimated is completely falsified be- cause within a short period, 35000 to 40000 vehicles per day were running on the said road, as per the complainant The NGT had directed the Maharashtra Pollution Control Board to prescribe noise standards for use of sirens and multi-toned horns in consultation with Central Pollution Control Board as required under section 17 of Air Act, 1981 to avoid nuisance cause to the residence on the side of Worli sealink.