National Green Tribunal
Gautam Sharma vs State Of U.P on 29 August, 2022
Item No.04 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH
(By Video Conferencing)
Original Application No.485/2022
Gautam Sharma ...Applicant
Versus
State of U.P. ...Respondent
Date of hearing: 29.08.2022
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: None.
Application is registered based on a complaint received by Email.
ORDER
1. Mr. Gautam Sharma resident of village Haji Mohammadpur Kotkadar, Tehsil Nagina, District Bijnor Uttar Pradesh has sent the present letter petition, which is treated and registered as original application, complaining that illegal mining of sand and murram is being done in land measuring about 100 acres (instead of 15 bighas of land leased out) situated in Eco Sensitive Zone of Tiger Reserve/Elephant Zone and in the area of River Khoh, Tehsil Nagina, District Bijnor, Uttar Pradesh.
2. This Tribunal is empowered to suo moto take cognizance of the cases involving questions relating to environment arising out of the implementation of enactments specified in First Schedule of the National Green Tribunal Act, 2010 as held by Hon'ble Supreme Court in Municipal Corporation of Greater Mumbai V/s. Ankita Sinha and others 2021 SSC Online SC 897. This Tribunal can also take cognizance of such cases on the basis of letter O. A. No. 485/2022 Gautam Sharma Vs. State of U.P. -2- petitions in accordance with settled principles of law governing Public Interest Litigation.
3. Prima facie, the allegations made in the application raise questions relating to environment arising out of the implementation of the enactments specified in Schedule I to the National Green Tribunal Act, 2010. In view of the allegations made in the application, we consider it appropriate that a Joint Committee be constituted to verify the factual position. Accordingly, we constitute a Joint Committee comprising of State PCB, Director, Mining and Geology, Uttar Pradesh, DFO and District Magistrate, Bijnor and direct the same to meet within two weeks, undertake visits to the site, look into the grievances of the applicant, verify the factual position and submit its report within one month by e-mail at [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF. The State PCB will be the nodal agency for coordination and compliance.
4. In case the Joint Committee observes any violation of consent conditions/environmental norms then it shall forward a copy of its report to State PCB, Director, Mining and Geology, Uttar Pradesh, DFO and District Magistrate, Bijnor to enable them to take appropriate remedial action by giving notice to/hearing the concerned persons and following due process of law in accordance with Statutory provisions mandating them to take remedial action for prevention, control and abatement of environmental pollution/degradation and protection and improvement of environment and all of them shall submit their separate action taken report within one month from the date of receipt of a copy of the report of the Joint Committee.
5. List for further consideration on 10.11.2022.
6. A copy of this order, along with a copy of the application and documents attached with the same, be forwarded to the State PCB, Director, O. A. No. 485/2022 Gautam Sharma Vs. State of U.P. -3- Mining and Geology, Uttar Pradesh, DFO and District Magistrate, Bijnor by e-mail for compliance.
Arun Kumar Tyagi, JM Dr.Afroz Ahmad, EM August 29, 2022 AG