National Green Tribunal
Anil Kumar vs State Of Haryana on 30 August, 2022
Item No.08 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH
(By Video Conferencing)
Original Application No.508/2022
Anil Kumar & Ors. ...Applicants
Versus
State of Haryana ...Respondent
Date of hearing: 30.08.2022
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Application is registered based on a Letter Petition received by Email
ORDER
1. Mr. Anil Kumar and other residents of Village Bamnoli, Tehsil Bahadurgarh, District Jhajjar, Haryana have sent the present letter petition, which is treated and registered as original application, complaining about illegal dumping of plastic waste on agricultural land at Bahadurgadh District Jhajjar, Haryana. The applicants have also complained that some of the villagers are also burning plastic thereby damaging the agricultural land and causing serious health hazards to local residents. Work of collection of scrap is being done by Rohingya Muslims, who are living in the village illegally without any document, ID and police verification, which may lead to any untoward incident in the village.
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. 508/2022 Anil Kumar & Ors. Vs State of Haryana -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 representative of Additional Chief Secretary (Home), Government of Haryana, State PCB and Deputy Commissioner and Superintendent of Police, Jhajjar and direct the same to meet within two weeks, undertake visits to the site, look into the grievances of the applicant, associate the applicant and representatives of the concerned project proponents, 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:-
(i) the concerned persons of the Joint Committee to enable them to comply with the recommendations contained in the report or file objections against the observations/recommendations in the report of the Joint Committee and file their response before this Tribunal as desired within one month from the date of receipt of a copy of the report of the Joint Committee; and
(ii) State PCB and Deputy Commissioner, Jhajjar to enable them to take appropriate remedial action by giving notice to/hearing the project proponent and following due process of law in accordance with O. A. No. 508/2022 Anil Kumar & Ors. Vs State of Haryana -3- Statutory provisions mandating them to take remedial action for prevention, control and abatement of environmental pollution/degradation and protection and improvement of environment and submit separate their action taken report within one month from the date of receipt of a copy of the report of the Joint Committee.
The report be submitted within one month by e-mail at judicial- [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF.
5. List for further consideration on 16.12.2022.
6. A copy of this order, along with a copy of the application and documents attached with the same, be forwarded to the Additional Chief Secretary (Home), Government of Haryana, State PCB and Deputy Commissioner and Superintendent of Police, Jhajjar by e-mail for compliance.
Arun Kumar Tyagi, JM Dr.Afroz Ahmad, EM August 30, 2022 AG