National Green Tribunal
Mukesh Kumar Chouhan vs State Of U.P on 5 September, 2022
Item No.06 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH
(By Video Conferencing)
Original Application No. 537/2022
Mukesh Kumar Chouhan
...Applicant
Versus
State of U.P. ...Respondent
Date of hearing: 05.09.2022
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 Email.
ORDER
1. Mr. Mukesh Kumar Chauhan son of Late Shri Kuwar Pal Singh Chauhan resident of village Satha, District Aligarh has sent the present letter petition, which is treated and registered as original application, complaining that J.K. company and other companies are getting clinker, required by them for manufacture of cement, transported to Harduaganj Railway station near village Satha District Aligarh. During loading/unloading clinker evaporates causing damage to the environment, grave harm to wildlife and posing serious health hazards to local residents.
2. This Tribunal is empowered to 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 suo moto 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. 537/2022 Mukesh Kumar Chouhan Vs. State of U.P -2- letter petitions in accordance with settled principles of law governing Public Interest Litigation.
3. Prima facie, the averments 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 averments 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 CPCB, State PCB, and District Magistrate, Aligarh and direct the same to meet, 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 and submit its report within one month 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. 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 Project Proponent to enable it/him to comply with the recommendations in its report or file objections against itsobservations/recommendations and file its/his response before this Tribunal as desired within one month from the date of receipt of a copy of the report of the Joint Committee; and
(ii) the State PCB, and District Magistrate, Aligarh to enable them to take appropriate remedial action by giving notice to/hearing the project proponent and following due process of law in accordance with Statutory provisions mandating them to take remedial action for prevention, control and abatement of environmental pollution/degradation and protection and improvement of O. A. No. 537/2022 Mukesh Kumar Chouhan Vs. State of U.P -3- environment and submit their action taken reports within one month from the date of receipt of a copy of the report of the Joint Committee.
The reports be submitted 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 05.12.2022.
6. A copy of this order, along with a copy of the application and documents attached with the same, be forwarded to the CPCB, State PCB and District Magistrate , Aligarh by e-mail for compliance.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM September 05, 2022 AG