Disposed

Aleem v. Ministry of Environment Forest and Climate Change through the Secretary

NGT3 Dec 2024IA No. 601/2024 in Original Application No. 1328/2024

Case brief

AI extract

What is this about?

This order notes rights to a brick kiln operating within prohibited distance of a mango orchard. The Applicant seeks to stop operations and demolish the kiln. The court allows an interim application for exemption from filing translations and issues notice to respondents within a week.

What did the court decide?

Application for exemption from filing translations allowed; notice issued to respondents; matter listed for further hearing.

Aleem vs Ministry of Environment Forest and Climate… — Environment and Pollution | NGT (2024)

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Item No.04

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Court No. 3

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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Original Application No. 1328/2024 (I.A. Nos.602/2024 & 601/2024)

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Aleem Applicant

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Versus

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MoEF & CC & Ors. Respondents

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Date of hearing: 03.12.2024

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CORAM: HON’BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER HON’BLE DR. A. SENTHIL VEL, EXPERT MEMBER

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Applicant: Mr. Tanay Tewari & Ms. Anupriya Dixit, Advs. for the Applicant.

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ORDER

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The applicant has filed the present application under Sections 14 and 15 of the National Green Tribunal Act, 2010 seeking the issuance of directions to respondent no. 3 and 4 to stop the operation of respondent no. 5-brick kiln and to respondent no. 3 to issue direction for dismantling of the brick kiln of respondent no. 5 and imposing environmental compensation on respondent no. 5 - brick kiln.

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The applicant has submitted that respondent no. 5 - brick kiln is operating within 93 meters of the mango orchard in violation of siting criteria as mentioned in Rule 2 (vii) of the Uttar Pradesh Brick Kilns (siting Criteria for Establishment) Rules, 2012 and without obtaining proper NOC/Consent from the competent authority. The applicant has further submitted that CTO issued in favour of respondent no. 5 - brick

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kiln by respondent no. 3 expired on 31.07.2023 and show cause notice for closure was issued to respondent no. 5 by UPPCB. The applicant made a complaint dated 07.11.2024 to UPPCB but no further action has been taken on the show cause notice and the complaint made by the applicant.

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The applicant has filed I.A. No. 601/2024 for exemption from filing English translation and typed copies of dim annexures. In view of the reasons mentioned therein the application is allowed at this stage but English translation and typed copies of the annexures be filed in the course of hearing.

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We have heard learned Counsel for the applicant and gone through the record.

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Prima facie, the averments made in the application disclose substantial questions relating to environment arising out of the implementation of the enactments specified in scheduled to the NGT Act, 2010.

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Let notice of the application and documents attached with the same and I.A. No. 602/2024 be issued to the respondents, requiring respondents to file their response at least one week before the date of hearing fixed.

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The applicant is directed to serve notices on the respondents by email as well as registered/speed post and to file affidavit of service within 15 days and also file tracking reports regarding notices sent by registered/speed post at least one week before the next date of hearing.

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List on 26.03.2025 for further consideration.

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Arun Kumar Tyagi, JM Dr. A. Senthil Vel, EM December 03, 2024 O.A. No. 1328/2024 HB

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Aleem v. Ministry of Environment Forest and Climate Change through the Secretary

Case brief

What is this about?

What did the court decide?

Aleem v. Ministry of Environment Forest and Climate Change through the Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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