- (1.) Permission to file appeal is granted.
(2.) The present appeal arises from an order of the National Green Tribunal (the Tribunal) dated 3 January 2019. The order follows upon an earlier order passed by this Court on 13 December 2018 in a civil appeal filed by the appellants against the earlier order of the Tribunal dated 20 November 2018. On 13 December 2018, the civil appeal was disposed of in terms of the following directions: "Permission to file appeal is granted. The grievance of the appellants is that they have not been heard by the National Green Tribunal ("the NGT") before the impugned order was passed and directions for deposit of damages were issued. It is appropriate that the grievance is addressed before the NGT and we grant liberty to the persons aggrieved to do1 so. Hence, we are not inclined to entertain the appeal, but leave it open to the persons aggrieved to pursue an appropriate application before the NGT. The civil appeal is, accordingly, disposed of. No costs."
(3.) The appellants filed Miscellaneous Applications before the Tribunal. The Tribunal while declining to entertain the application has held thus : "5. We have also heard the learned counsel for Association of Power producers, in view of the order passed by Hon'ble Supreme Court on 13.12.2018 in Diary No.46100/2018 in the matter of Association of Power Producers v. Sandplast (India) Ltd. & Ors. The fact remains that applicants are covered by the notification issued by MoEF&CC on 25.01.2016 requiring the applicants and other thermal power plants to dispose of fly ash within the specified time. The said notification is not under challenge. In this view of the matter, we do not find any ground not to apply the directions of this Tribunal to similar power plants represented by the Association of Power Producers. 6. We thus, do not find any merit in these Misc. Applications and the same are accordingly dismissed.";