National Green Tribunal
Ved Prakash Aggarwal vs Municipal Commissioner Nagar Nigam ... on 8 September, 2021
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 01 (Court No. 1)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(By Video Conferencing)
Execution Application No. 24/2021
IN
Original Application No. 989/2019
Ved Prakash Aggrawal Applicant
Versus
Municipal Commissioner, Nagar Nigam
Ghaziabad Respondent
Date of hearing: 08.09.2021
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE MR. JUSTICE BRIJESH SETHI, JUDICIAL MEMBER
HON'BLE DR. NAGIN NANDA, EXPERT MEMBER
Applicant: Mr. Ved Prakash Aggarwal applicant in person in EA 24/2021
ORDER
1. This application seeks execution of order dated 08.10.2020 in OA 989/2019, Ved Prakash Aggrawal v. Municipal Commissioner, Nagar Nigam Ghaziabad. By the said order, the Tribunal dealt with the issue of illegal operation of dairy farms in residential colony of Chiranjiv Vihar, Ghaziabad. After considering the stand of the State PCB and Municipal Corporation Ghaziabad, the Tribunal directed as follows:
"1 & 2. xxx ...............................xxx...................................xxx
3. Accordingly, the State PCB has filed its report dated 06.10.2020 to the effect that inspection was carried out and action was initiated in view of the non-compliance observed under the relevant provisions of the Water (Prevention and Control of Pollution) Act, 1974.1
4. Let further action be taken by the UPPCB. We have passed a separate order today in Original Application No. 46/2018, Nuggehalli Jayasimha v. Government of NCT of Delhi for finalizing of Guidelines by the CPCB on the subject. The State PCB may follow the said guidelines."
2. The applicant thereafter filed Execution Application No. 04/2021, Ved Prakash Aggrawal v. Municipal Commissioner, Nagar Nigam Ghaziabad without giving particulars of the alleged violators and without impleading them as party. The Tribunal disposed of the said application on 09.03.2021 as follows:
"1. xxx ...............................xxx...................................xxx
2. In the present application, it is stated that the applicant sought information about compliance of said above order under the RTI Act but has not been able to get any such information. Thus, in absence of specific information and material showing non- compliance and the alleged violator being made party, it is not possible to pass any further order.
The application is accordingly disposed of without prejudice to the remedies being taken based on specific allegations and material.
3. Though present application is in a way repeat of EA No. 04/2021, the applicant in person states that as per letter dated 21.12.2020 of the State PCB annexed to the application, environmental compensation was imposed against 14 illegal dairies and their particulars are available with the head office of the PCB. The applicant in person states that he will give the particulars of the illegal dairies and furnish the same to the State PCB and Municipal Corporation Ghaziabad. We allow the applicant to do so and such information may also be filed before the Tribunal within a week.
4. In view of above, the State PCB and Municipal Corporation Ghaziabad may take further action, in exercise of their statutory powers against the violators, following due process of law. An action taken report 2 may be furnished to this Tribunal within two months by e-mail at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF with an advance copy to the alleged violators for their response, if any.
A copy of this order be forwarded to the State PCB and Municipal Corporation Ghaziabad by e-mail for compliance.
List for further consideration on 10.12.2021.
Adarsh Kumar Goel, CP Sudhir Agarwal, JM Brijesh Sethi, JM Dr. Nagin Nanda, EM September 08, 2021 Execution Application No. 24/2021 IN Original Application No. 989/2019 DV 3