Disposed

Balotra Textile Hand Processers Association v. Rajasthan State Pollution Control Board

NGT7 Dec 2020IA No. 25/2020 in Original Application No. 202/2016

Case brief

AI extract

What is this about?

The NGT received an application challenging notification values for TDS/FDS in Bithuja's industrial area. The court, while noting maintainability concerns, directed a joint committee to examine the ground situation and make a final decision within three months.

What did the court decide?

Direction to form a joint committee to examine the matter and decide within three months.

Balotra Textile Hand Processers Association vs Rajasthan State Pollution Control Board — NGT (2020) — LawSathi Research

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Court No. 1

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Item No. 02

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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Original Application No. 202/2016 (M.A. No. 381/2016, I.A. No. 312/2019, I.A. No. 25/2020, I.A. No. 26/2020)

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Balotra Textile Hand Processors Association

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applicant(s)

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Versus

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Rajasthan State Pollution Control Board & Ors.

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Respondent(s)

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Date of hearing: 07.12.2020

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CORAM: HON’BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON HON’BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER HON’BLE DR. NAGIN NANDA, EXPERT MEMBER

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Applicant(s): Mr. Ankit Shah, Advocate

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ORDER

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This application has been filed by an organization of a cluster of small-scale industries at Bithuja with 214 textile industrial units. It is stated that the industrial area was set up in the year 2004 and CETP was granted requisite consents. As per Sections 6 and 25 of the Environment (Protection) Act, 1986 and Rules framed thereunder, maximum permissible values with respect to parameters are laid down, including value of TDS/FDS. However, such values cannot be achieved as the TDS/FDS are already high in the area vide Notification dated 01.01.2016 issued by the MoEF&CC.

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According to the applicant, the values laid down in above Notification need to be revisited, having regard to the ground situation. The applicant also got itself impleaded in O.A. No. 34(THC)/2014, Digvijay Singh vs. State of Rajasthan & Ors . which has been dealt with by a separate

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order today. However, the application has been considered, so far, along with the said matter. Even though an application under Sections 14 and Section 15 of the National Green Tribunal Act, 2010 is maintainable only by victims of pollution and the application may not be maintainable, we leave the grievance to be looked into by a joint Committee of MoEF&CC, Central Pollution Control Board (CPCB) and Rajasthan State Pollution Control Board (RSPCB). The CPCB will be the nodal agency for coordination and compliance. The Committee may look into the matter and take a final decision in accordance with law within three months.

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A copy of this order be forwarded to the MoEF&CC, CPCB and the RSPCB by e-mail for compliance.

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The application is disposed of.

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With disposal of the main application, all interim applications in the said matter will also stand disposed of.

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Adarsh Kumar Goel, CP

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S.K. Singh, JM

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Dr. Nagin Nanda, EM