National Green Tribunal
Anurag Sharma vs State Of Uttar Pradesh & Anr on 18 November, 2022
Item No.05 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH AT NEW DELHI
(Through Physical Hearing with Hybrid V.C. Option)
Original Application No. 725/2022
Anurag Sharma ...Applicant
Versus
State of Uttar Pradesh & Anr. ...Respondents
Date of hearing: 18.11.2022
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 Letter Petition received by Email.
ORDER
1. Mr. Anurag Sharma, Member of Parliament from Jhansi has sent by Post the present letter petition, which has been treated and registered as original application, complaining about damage to the agricultural crops by fly ash dust emission from 3X660 MW Thermal Power plant established in the year 2015 in the area of village Mirchwara and Burogaon in District Lalitpur, Uttar Pradesh. The applicant has submitted that dust emission from the fly ash dumps of the plant is causing serious health hazards to local residents and stray animals due to air pollution. The applicant has also mentioned that the applicant, being a member of the Permanent Committee of the Ministry of Environment, Forest & Climate Change, requested the Managing Director of the Bajaj Power Generation Company Ltd., Jamna Lal Bajaj Marg, Noida in the year 2020 for proper disposal of the fly ash but requisite remedial action was not taken.
O. A. No. 725/2022 Anurag Sharma Vs. State of U.P. & Anr. -2-
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 specified in Schedule I to the National Green Tribunal Act, 2010.
4. Notice of the application be issued to the Project Proponent- the Bajaj Power Generation Company Ltd., through its Managing Director at the address furnished by the applicant i.e., Jamna Lal Bajaj Marg, Noida requiring the same to file reply in respect of the averments made in the application within one month by email at [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 20.12.2022.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM November 18, 2022 AG