National Green Tribunal
Dushyant Gupta Father Shri Narendra ... vs State Of Mp Though Its Chief Secretary on 5 February, 2025
Item No.4
BEFORE THE NATIONAL GREEN TRIBUNAL
CENTRAL ZONE BENCH, BHOPAL
(Through Video Conferencing)
Original Application No. 267/2024(CZ)
Dushyant Gupta & Ors Applicant (s)
Vs.
State of Madhya Pradesh & Ors.. Respondent(s)
Date of Hearing: 05.02.2025
CORAM: HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. VIJAY KULKARNI, EXPERT MEMBER
For Applicant (s): None
For Respondent(s) : Mr. Ravikant Patidar, Adv. along with
Mr. Satyam Jain, Adv. and
Mr. Aditya Pratap Upadhyay, Adv.
Ms. Parul Bhadoria, Adv. along with
Mr. Pranjal Pandey, Adv.
Mr. Prashant M. Harne, Adv.
ORDER
1. The grievance of the applicant is the conservation and promotion of green area and water source/stream within the radius of 30 meters of the adjoining closed lime mines of Madan Mohan Choubey Ward situated in Katni town of Madhya Pradesh State. The defendants no. 7,8 and 9, by filling up the closed lime mine of Khasra no. 1132 of Katni town in connivance with the officer of Municipal Corporation Katni and all the government officials have cut down the huge live teak trees planted on the side of the mine, whose thickness (diameter) is 220 cm and 160 cm. And after cutting of 1 O.A. No. 267/2024(CZ) Dushyant Gupta & Ors. vs. State of Madhya Pradesh & Ors. .
140 cm without permission, illegal and unauthorised construction has been done, on which respondent no. 4 has revoked the building development permit number-1027/KMC/HDO/W- 27/2017 on 22.12.2022 for not leaving 18 meters open space towards the mine and not leaving 4.50 m open space for parking in front. Despite this, illegal builders are opening Apex Hospital on the side of the mine and doing business, and the mine water is being contaminated by throwing the dirty water of the hospital and waste medical in the mine, due to which the Apex Hospital is being operated on illegal and unauthorised construction, causing water pollution and damage to the environment, due to which the environment is being harmed by violating Katni Vikas Yojna, Madhya Pradesh Land Development Rules, Water Pollution Act and other provisions, due to which this application is presented to remove the illegal and unauthorised construction and keep it, as it is.
2. The matter was taken up by this Tribunal and a committee consisting the Collector, Katni, Member Secretary, State Pollution Control Board and one representative of Chief Medical & Health Officer, Katni (M.P.) was constituted with direction to submit the factual and action taken report. In compliance of the order members of the committee visited the site and submitted the report as follows :
(A) Specific issues raised in the petition and factual observation: - Specific issues raised in the petition and factual observations recorded during the inspection are tabulated below: -2
O.A. No. 267/2024(CZ) Dushyant Gupta & Ors. vs. State of Madhya Pradesh & Ors. .
Sl. Specific issues raised in the Factual Observations
No. petition
1. The Respondent No. 7, 8 and In the petition, it is stated 9, by filling up the closed that unauthorized lime mine of Khasra No. construction is being carried 1132 of Katni town in by the Respondent No. 7. 8 & connivance with the officer of 9 by cutting down the huge Municipal Corporation Katni live. teak tree, in view of the and all the government the above Respondent No 07 officials have cut down the Shri Vikas Gupta has huge live teak trees planted submitted the documents in on the side of the mine, which they have obtained the whose thickness (diameter) is permission for cutting down 220 cm and 160 cm. And 03 trees from Nagar Palik after cutting of 140 cm Nigam-Katni Vide letter without permission, illegal Number 595 Dated and unauthorised 22.08.2017 by submitting construction, has been done fees through receipt number 88408 Dated 11.10.2017, Description of quantity and number of trees are specified in letter number 2026 dated 02.11.2027 issued by Range officer, Range office katni and Approval of transit Pass for the trees was provided by District forest officer vide letter number 908 Dated 03.03.2020.
2. Respondent No. 4 has As per the available revoked the building documents Respondent development permit number- number 08 has obtained No 1027/ KMC/ HDO/ W- objection certificate from 27/2017 22.12.2022 for not Health Division, Nagar palik leaving 18 meters open space Nigam Katni vide Letter towards the mine and not Number 08 Dated 3 O.A. No. 267/2024(CZ) Dushyant Gupta & Ors. vs. State of Madhya Pradesh & Ors. .
leaving 4.50 m open space 01.05.2024, Fees has been for parking in front. Despite submitted by Receipt no this, illegal builders are 4360067118 Dated opening Apex Hospital on the 01.05.2024. Report submitted side of the mine and doing by Nagar Palik Nigam, katni business, in above matter.
3. Mine water is being During inspection it is contaminated by throwing observed that, Source of the dirty water of the water is Bore well Respondent hospital and waste medical number 08 has installed in the mine, due to which the Effluent Treatment Plant of Apex Hospital is being 10 KLD in the hospital operated on illegal and premises for treatment of unauthorised construction, waste water in compliance of causing water pollution and Special condition given in damage to the environment Consent To Establish by Madhya Pradesh Pollution Control Board vide consent order number CTE-121822 Dated 21.05.2024, Respondent number 08 has submitted water flow char with quantity, Other solid waste generated from hospital is segregated in colour coded bins and than waste is collected by Common Bio Medical Treatment. Facility M/s Elite Engineers Jabalpur, PP has signed MOU and obtained Certificate of Membership from CBWTF Certificate No. 0330/549-B Dated 28.05.2024.
(B) Recommendation: Based on the observation made during the site inspection, the following are recommendations:- 4
O.A. No. 267/2024(CZ) Dushyant Gupta & Ors. vs. State of Madhya Pradesh & Ors. .
i. Prior permission was obtained by respondent 07 for cutting down 03 number of trees from concerned department.
ii. About 15 Foot land is available between mine and apex hospital building. Parking is provided in adjoin plot by hospital management.
iii. To treat waste water 10 kid ETP plant is installed in the premises, no untreated water darning out to the mine is observed during inspection.
iv. Solid waste was segregated in colour coded bins and then collected by Common Bio Medical Treatment Facility M/s Elite Engineers Jabalpur, No traces of Bio Medical Waste is seen in Mine water.
3. Learned Counsel for the respondent has submitted that no violation has been found and the allegations of the applicant has not been substantiated by any cogent evidence. The necessary permissions have been taken from the Collector concerned, Executive Engineer Nagar Palika Nigam- Katni, Zonal Officer Forest Range, Katni, Department of Forest for cutting of the tree and necessary NOC have been issued by the Nagar Nigam Katni for installation of ETP and CTO have been issued by the competent authority. The certificate issued by the office of the Chief Medical and Health Officer with the consent orders issued by the State PCB have been attached with this report.
4. None is present for the applicant to file any objection or to contradict the facts and report submitted by the Joint Committee.5
O.A. No. 267/2024(CZ) Dushyant Gupta & Ors. vs. State of Madhya Pradesh & Ors. .
Since, no violation has been found, thus no further action is required on part of this Tribunal.
With these observations, the O.A. No. 267/2024(CZ) stands disposed of.
Sheo Kumar Singh, JM
[
Dr.Vijay Kulkarni, EM
5th February, 2025
O.A. No. 267/2024(CZ) .
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O.A. No. 267/2024(CZ) Dushyant Gupta & Ors. vs. State of Madhya Pradesh & Ors. .