National Green Tribunal
Ramnaresh vs State Of U.P on 30 August, 2022
Item No.10 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH
(By Video Conferencing)
Original Application No.510/2022
Ramnaresh ...Applicant
Versus
State of U.P. ...Respondent
Date of hearing: 30.08.2022
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. Ramnaresh resident of Anand Nagar, Tundla District Firozabad, Uttar Pradesh has sent the present letter petition, which is treated and registered as original application, complaining about discharge of untreated sewage in Pameri drain which is adding to pollution of River Yamuna.
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 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 O. A. No. 510/2022 Ramnaresh Vs. State of U.P. -2- 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 State PCB and District Magistrate, Firozabad 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 representative of the concerned project proponent, verify the factual position, take appropriate remedial action by following due process of law and submit its Factual and Action Taken Report within two months 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. List for further consideration on 20.12.2022.
5. A copy of this order, along with a copy of the application and documents attached with the same, be forwarded to the State PCB and District Magistrate, Firozabad by e-mail for compliance.
Arun Kumar Tyagi, JM Dr.Afroz Ahmad, EM August 30, 2022 AG