National Green Tribunal
Sachin Tomar vs State Of U.P on 14 December, 2022
Item No.03 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(Through Physical Hearing with Hybrid VC Option)
Original Application No.369/2022
(I.A No. 279/2022)
Sachin Tomar ...Applicant
Versus
State of U.P. ...Respondent
Date of hearing: 14.12.2022
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER.
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER.
Applicant: None.
Respondent: Mr. Pradeep Misra, Advocate for UPPCB (through VC).
Mr. Ankit Singh, Regional Officer, UPPCB (through VC).
Application is registered based on a complaint received by Email.
ORDER
1. Mr. Sachin Tomar, resident of Village Titawi, District Muzaffarnagar has sent the present application complaining regarding air and water pollution by Titawi Sugar Mill in village Titawi, Muzaffarnagar, by discharging chemical waste water and emitting fly ash in violation of environmental norms causing damage to environment and creating serious health hazards to the local residents.
2. Vide order dated 24.05.2022, this Tribunal constituted a Joint Committee comprising of CPCB, State PCB and District Magistrate, O. A. No. 369/2022 Sachin Tomar Vs. State of U.P. -2- Muzaffarnagar, Uttar Pradesh and directed the same to submit factual and action taken report within two months.
3. In compliance thereof, Mr. Ankit Singh, Regional Officer, UPPCB sent by email dated 18.08.2022 report mentioning that the crushing season had ended and the industry had shutdown its operation.
4. Vide order dated 26.08.2022, this Tribunal directed the Joint Committee to carry out the inspection after the start of crushing season 2022-23 and submit its factual and action taken report within one month.
5. I.A No. 279/2022 has been filed by the applicant for directing the Joint Committee to inspect the industry in view of environmental violations mentioned therein.
6. Written request for extension of time for submission of the report by the Joint Committee has been made by the UPPCB on the ground that CPCB did not nominate its representative due to which inspection of the industry could not be carried out.
7. The request is allowed. The CPCB is directed to nominate its representative within a week and the Joint Committee is directed to inspect the industry and submit its report within one month by e-mail at judicial- [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF.
8. It is clarified that if the report is not submitted within the permitted period, exemplary costs may be imposed on the Members of the Joint Committee.
9. List the matter for further consideration on 02.02.2023. O. A. No. 369/2022 Sachin Tomar Vs. State of U.P. -3-
10. A copy of this order be forwarded to CPCB, State PCB and District Magistrate, Muzaffarnagar, Uttar Pradesh by e-mail for compliance.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM December 14, 2022 AG