Dr. I.S.Tomar vs Invertis University 2025 INSC 775 - S.26 NGT Act
National Green Tribunal Act - Section 26 - Sub-section (1) of Section 26 is a penal provision. Therefore, it must be strictly construed. The direction of the NGT was to stop the dumping of municipal solid waste. To prove the failure on the part of the appellant to comply with the direction, it must be established that it was the appellant who was responsible for dumping solid wastes at the site after prohibitory orders were passed by the NGT. A person can be said to have failed to comply with the direction issued by the NGT, provided it is shown that the person against whom a direction is issued has the power to prevent the act which was prohibited by the NGT. (Para 14)
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