National Green Tribunal
Anil Kumar vs State Of Haryana & Ors on 16 December, 2022
Item No. 10 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI.
(Through Physical Hearing with Hybrid VC Option)
Original Application No. 508/2022
Anil Kumar & Ors. ...Applicants
Versus
State of Haryana & Ors. ...Respondents
Date of hearing: 16.12.2022
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER.
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER.
Applicant: None.
Respondents: Mr. Rahul Khurana, Advocate for HSPCB with Mr. Amit,
AEE-HSPCB.
Application is registered based on a letter petition received by Email
ORDER
1. Mr. Anil Kumar and other residents of Village Bamnoli, Tehsil Bahadurgarh, District Jhajjar, Haryana have sent the present letter petition, which is treated and registered as original application, complaining about illegal dumping of plastic waste on agricultural land at Bahadurgadh District Jhajjar, Haryana. The applicants have also complained that some of the villagers are also burning plastic thereby damaging the agricultural land and causing serious health hazards to local residents. Work of collection of scrap is being done by Rohingya Muslims, who are living in the village illegally without any document, ID and police verification, which may lead to any untoward incident in the village.
O. A. No. 508/2022 Anil Kumar & Ors. Vs State of Haryana & Ors.
-2-2. Vide order dated 30.08.2022, this Tribunal constituted a Joint Committee comprising of representative of Additional Chief Secretary (Home), Government of Haryana, State PCB and Deputy Commissioner and Superintendent of Police, Jhajjar and direct the same to verify the factual position and submit its report within one month.
3. In compliance thereof, report of the Joint Committee has been submitted by IGP, Rohtak Range, Haryana, vide email dated 13.12.2022.
Relevant part of the report is reproduced as under:-
"STATUS REPORT OF JOINT COMMITTEE BY WAY OF REPLY IN COMPLIANCE OF ORDERS DATED 30.08.2022 BY THE HON'BLE TRIBUNAL x x x x x x
3. That in term of compliance of the orders dated 30.08.2022 passed by the Hon'ble Tribunal, the Additional Secretary, Govt. of Haryana, Home Department has nominated Smt. Mamta Singh, IPS, Additional Director General of Police, Rohtak Range, Rohtak as his representative in the Joint Committee of the case vide his office endst. No. 1/17/2022- 4HC dated 27.09.2022 which was received vide diary number 7389 dated 3.10.2022 in the office of Smt. Mamta Singh, IPS, Additional Director General of Police, Rohtak Range, Rohtak.
4. That during the course of inspection of official record pertaining to the alleged area, it has come to know that the Regional Office, Haryana State Pollution Control Board has already issued twenty three (23) numbers of Show Cause Notices for prosecution action in the Special Environment Court against the land owners under the Environment (Protection) Act, 1986. In addition to the District Country & Town Planning, Jhajjar, has also issued five (5) Show Cause Notices to the land owners for demolition of the illegal structure erected without obtaining change of land use for the above mentioned activities. The Copies of Show Cause Notices are annexed as Annexure-R1.
5. That in compliance of orders dated 30.08.2022, the members of the Joint Committee comprising Captain Shakti Singh, IAS, Deputy Commissioner Jhajjar, Waseem Akram, IPS, Superintendent of Police, Jhajjar and Dinesh Yadav, Regional officer, Haryana State Pollution Control Board inspected the site situated in village Bamnoli, tehsil Bahadurgarh, District Jhajjar, Haryana on 16.09.2022, During the inspection, the project proponents were sensitized about ill effects of illegal dumping, storage and burning of waste plastic on the health of villagers, flora & fauna of adjoining area as wall, Moreover, the land O. A. No. 508/2022 Anil Kumar & Ors. Vs State of Haryana & Ors.-3-
owners were also Instructed to vacate the land upon which these illegal activities of dumping, storage and segregation of plastic waste were taken place. Some Photographs while issuing directions/instructions to the people residing there about vacating the site are annexed herewith as Annexure-R2.
6. That on 24.09.2022, the District Country & Town Planning, Jhajjar alongwith the representative of the Joint Committee carried out the demolition drive against all the illegal occupants/project proponents engaged in dumping, storage and segregation of plastic in the area of village Bamnoli without obtaining change of land use and razed down all the illegal structures. Moreover, the local Police have also initiated the process of verification of tenants, residing in the village Bamnoli to rule any illegal occupancy by the Rohingya or other illegal migrants as alleged in the complaint. It is necessary to mention here that the people residing in the alleged land were found Indian citizens instead of Rohingya Muslims while their identity cards were checked during the course of verification by the local Police. The photographs clicked during the proceedings initiated on 24.09.2022 are annexed as Annexure-R3.
7. That upon receipt of communication from Additional Secretary, Govt. of Haryana, Home Department dated 03.10.2022, the matter was discussed with Superintendent of Police Jhajjar and as per discussion, on 04.10.2022, the members of Joint Committee comprising of Captain Shakti Singh, IAS, Deputy Commissioner, Jhajjar, Waseem Akram, IPS, Superintendent of Police, Jhajjar and Dinesh Yadav, Regional Officer, HSPCB have again inspected the alleged site of village Bamnoli. Further, the complainant namely Anil Kumar and others were also called at the site during the visit. The complainants found themself satisfied, rather appreciated the steps taken by the Joint Committee in order to redress alleged allegations mentioned in their complaint.
8. That on 84,4 0.2022, all the mombars of Joint Committee have / agaln visited ane Inspected alleged site of village Bamnoli, Tehsil Bahadurgarh, District Jhajjar, Haryana and vicinity area 48 woll, The complainant and others from village were also present during the visit, At present, the said Jand has been completely vacated by the project proponent and all the illegal construction on the sald land has been completely removed and the illegal activities of dumping, storage segregation of plastic waste have completely been stopped, The photographs clicked during the spot inspection on 31.10.2022 are annexed as Annexure-R4,
9. That keeping in view of the situation found during the first visit dated 16,09.2022 by the Joint Committee as contained in para No. 5 of the report, Kalandara under sections 133 Cr.P.C has been prepared and produced before the Court of law to initiate the proceedings against the land owners. Apart from this, legal notices are being served to the concerned land owners to immediately clear the land from reminiscent of the garbage earlier thrown at the said land without any delay. If they fail to comply, legal action would be initiated against the blameworthy under appropriate provisions of Indian Penal Code......" O. A. No. 508/2022 Anil Kumar & Ors. Vs State of Haryana & Ors.
-4-4. None has appeared for the applicant today and the correctness of the report of the Joint Committee is not disputed by anyone.
5. We have heard the learned Counsel for the HSPCB and gone through the material on record including report of the Joint Committee.
6. We find from the report of the Joint Committee that appropriate remedial measures have already been taken and in view of the detailed observations in the report of the Joint Committee regarding action taken by the concerned authorities, we are of the considered opinion that no further action is required to be taken by this Tribunal on the present application.
7. In view of the above, the application is disposed of with no order as to costs.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM December 16, 2022 AVT