National Green Tribunal
Rasesh B Vissanji And Ors vs State Of Uttarakhand on 23 September, 2022
Item No.05 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPALBENCH
(By Video Conferencing)
Original Application No. 614/2022
Rasesh B Vissanji & Others ...Applicant
Versus
State of Uttarakhand ...Respondent
Date of hearing: 23.09.2022
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 post.
ORDER
1. Mr. Rasesh B Vissanji & Others have sent by post the present letter petition, which has been treated and registered as Original Application, complaining about Illegal cutting of trees by using JCB for construction of proposed 6 Kms of Chitai Manjoli Petshal National Highway. It is also submitted that the construction material (muck) has been disposed of illegally on fertile agricultural land of poor farmers damaging the crops.
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 Schedule I 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 O. A. No. 614/2022 Rasesh B. Visssanji & Ors. Vs. State of Uttrakhand -2- 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. 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 representatives of State PCB, Executive Engineer, PWD, Almora, DFO and District Magistrate, Almora 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 judicial- [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 Project Proponents to enable them to comply with the recommendations in the report of the Joint Committee or file objections against the observations/recommendations contained in the same 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 by e-mail at [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF; and
(ii) The concerned Statutory Authorities including State PCB and District Magistrate, Almora to enable them to take appropriate O. A. No. 614/2022 Rasesh B. Visssanji & Ors. Vs. State of Uttrakhand -3- remedial action, in accordance with Statutory provisions mandating them to take remedial action for prevention, control and abatement of environmental pollution/degradation and for protection and improvement of environment, by giving notice to/hearing the concerned project proponents and following due process of law and they shall submit their action taken reports separately within one month from the date of receipt of a copy of the report of the Joint Committee by e-mail 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 06.01.2023.
6. A copy of this order, along with a copy of the application and documents attached with the same, be forwarded to the State PCB, Executive Engineer, PWD, Almora, DFO and District Magistrate, Almora by e-mail for compliance.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM September 23, 2022 AG