National Green Tribunal
Mohammad Yusuf Abdullah Shaikh & Anr vs State Of Maharashtra on 7 August, 2020
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 05 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(By Video Conferencing)
I.A. No. 658/2019
(for impleadment)
&
I.A. No. 659/2019
(for modification of order dated 09.07.2019)
I.A. No. 106/2020
(for impleadment)
&
I.A. No. 231/2020
(to seek enforcement of orders)
In
Original Application No. 359/2019
Mohammad Yusuf Abdullah Shaikh & Anr. Applicant(s)
Versus
State of Maharashtra & Ors. Respondent(s)
Date of hearing: 07.08.2020
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE S. P. WANGDI, JUDICIAL MEMBER
HON'BLE DR. NAGIN NANDA, EXPERT MEMBER
Applicant(s)
In I.A. 106/2020): Ms. Pallavi Pratap, Advocate
ORDER
I.A. No. 658/2019
This application has been filed by Malegaon Taluka Plastic Manufacturer Association Malegaon for impleadment and to oppose 1 closure of illegally operating plastic units. Since this Tribunal has directed action to enforce the law and any order of the State Pollution Control Board or any other statutory authority can be challenged on merits, we do not find it necessary to entertain this application. The Tribunal is not determining whether any particular person is causing pollution but considering the grievance against inaction of the authorities to perform their duties, the applicants have forum to present their viewpoint before the statutory authorities or if aggrieved to challenge their orders before higher forum, the applicants need not be impleaded or heard at this stage.
The application stands disposed of.
I.A. No. 659/2019 This application has been filed by Malegaon Taluka Plastic Manufacturer Association Malegaon for modification of order of this Tribunal dated 09.07.2019 and for restoration of electricity disconnected to enforce the environmental norms. The applicants have remedy to present their case before the statutory authorities passing the order or at any higher forum as per law. Order dated 9.7.2019 does not deal with individual cases but requires enforcement of environmental norms as per law.
Accordingly, the application stands disposed of. I.A. No. 106/2020 This application has been filed by Malegaon Plastic Recycle Welfare Association with similar facts as above applications.
Accordingly, the application stands disposed of. 2 I.A. No. 231/2020 This application has been filed by the applicant in the main case to seek enforcement of orders passed by this Tribunal. In view of separate order passed on merits, no further order is necessary on this application.
The application stands disposed of.
Adarsh Kumar Goel, CP S. P. Wangdi, JM Dr. Nagin Nanda, EM August 07, 2020 I.A. No. 658/2019, I.A. No. 659/2019, I.A. No. 106/2020 & I.A. No. 231/2020) in Original Application No. 359/2019 SN 3