National Green Tribunal
Mukesh Kumar Chouhan vs State Of U.P. & Ors on 20 February, 2023
Item No. 1 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI.
(Through Physical Hearing with Hybrid VC Option)
Original Application No. 537/2022
Mukesh Kumar Chouhan ...Applicant
Versus
State of U.P. & Ors. ...Respondents
Date of hearing: 20.02.2023
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER.
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER.
Applicant: None.
Respondents: Mr. Pradeep Misra, Advocate for Respondent No. 2-
UPPCB with Mr. J.P. Singh, RO-Aligarh, UPPCB
(through VC).
Mr. Shlok Chandra and Mr. Aman Kant Mishra,
Advocates for Respondent No. 5-M/s JK Cement-the
Project Proponent with Mr. R.S. Paliwal, GM (Legal).
Mr. Nishant Datta, Advocate for Respondent No. 7-M/s
Vision Next Road Logistics Pvt. Ltd.
None for Respondents No. 1, 3 and 4.
Application is registered based on a letter petition received by Email.
ORDER
1. The grievance in the present application is regarding transportation of clinker for manufacture of cement through Harduaganj Railway Station near village Satha District Aligarh in violation of environmental norms.
2. This Tribunal took cognizance vide order dated 05.09.2022 and constituted a Joint Committee comprising of representative of the CPCB, the Uttar Pradesh Pollution Control Board (UPPCB) and the District Magistrate, Aligarh with direction to look into the grievances of the O. A. No. 537/2022 Mukesh Kumar Chouhan Vs. State of U.P. & Ors.
-2-applicant, verify the factual position and submit its report within one month and to send copies of the reports to the concerned Project Proponents and Statutory Authorities, in case of violation of environmental norms.
3. In compliance thereof, reports of the Joint Committee were filed vide emails dated 01.12.2022, 21.12.2022 and 11.01.2023.
4. Vide order dated 12.01.2023, notices were ordered to be issued to the State of Uttar Pradesh, the UPPCB, the District Magistrate, Aligarh, the Railways and the Project Proponents (M/s. J.P. Cement and M/s. Vision Next Road Logistics Pvt. Ltd.).
5. It has come to our notice that there were inadvertent typographical mistakes in para no. 5 of order dated 12.01.2023, as the names of M/s. Manglam Cement Ltd., at CDF Complex, Anoopshahar, Chherat, Aligarh and M/s. Highway Road Career Pvt. Ltd. were not mentioned in the order though they were necessary parties. Order dated 12.01.2023, is ordered to be corrected and M/s. Manglam Cement Ltd. and M/s. Highway Road Career Pvt. Ltd. stand impleaded as Respondents No. 6 and 8 and M/s. Vision Next Road Logistics Pvt. Ltd. stands impleaded as Respondent No.
7. The Registry is directed to make requisite amendments in the memo of parties and attach the amended memo of parties to the application.
6. As per office report, notices have been duly served on all the Respondents except Respondent No. 8-M/s. Highway Road Career Pvt. Ltd. None has appeared for Respondents No. 1, 3 and 4.
7. Reply has been filed by Respondent No. 6-M/s. Manglam Cement Ltd. vide email dated 17.02.2023 but none has appeared before this O. A. No. 537/2022 Mukesh Kumar Chouhan Vs. State of U.P. & Ors.
-3-Tribunal for Respondent No. 6, today through any authorized representative/counsel.
8. Learned Counsel for the Respondent No. 7- M/s. Vision Next Road Logistics Pvt. Ltd. seeks time to file reply/response on its behalf.
9. Reply/response on behalf of Respondent No. 7 be filed within two months by email at [email protected] preferably in the form of searchable PDF/OCR supported PDF and not in the form of Image PDF.
10. We consider it appropriate that notices be issued to Respondent No. 4 through the Divisional Railway Manager (DRM), North-Central Railway Zone, Prayagraj Division, Uttar Pradesh and Respondent No. 8- M/s. Highway Road Career Pvt. Ltd. and the same be served on them by email as well as Registered Post.
11. Vide order dated 05.09.2022, the Joint Committee was directed to send copy of its report to the concerned Project Proponents and incompliance of above-said order, copies of the reports of the Joint Committee were sent to all the Project Proponent and copy of report was served on the Railways through Station Superintendent, Harduaganj Railway Station, Harduaganj, District Aligarh, Uttar Pradesh. No objections to the reports of the Joint Committee were filed on behalf of the Project Proponent, particularly, the DRM, North-Central Railway Zone, Prayagraj Division, Uttar Pradesh. Therefore, the Project Proponents, including the DRM, North-Central Railway Zone, Prayagraj Division, Uttar Pradesh are directed to take appropriate steps for implementation of the recommendations made by the Joint Committee and file their Action Taken Reports within three months by email O. A. No. 537/2022 Mukesh Kumar Chouhan Vs. State of U.P. & Ors.
-4-at [email protected] preferably in the form of searchable PDF/OCR supported PDF and not in the form of Image PDF.
12. List for further consideration on 24.05.2023.
13. In the facts and circumstances of the case, we also consider presence of the Divisional Railway Manager (DRM), North-Central Railway Zone, Prayagraj Division, Uttar Pradesh through VC before this Tribunal on the date fixed to be essential for assisting this Tribunal in just and proper adjudication of the questions involved in the case and accordingly, he is directed to remain present through VC before this Tribunal on the date fixed.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM February 20, 2023 AVT