Disposed

Abdul Qadir v. State of Uttar Pradesh

NGT4 Dec 2024IA No. 603/2024 in Original Application No. 1329/2024

Case brief

AI extract

What is this about?

National Green Tribunal acknowledged an application by an individual against the State of Uttar Pradesh regarding environmental violations by a commercial unit in Agra. The Tribunal granted an exemption from filing translated annexures, issued notice to respondents, and listed the matter for further consideration.

What did the court decide?

Exemption from filing true translated copies of annexures; Notice issued to respondents; Matter listed for further consideration on 20.12.2024.

Abdul Qadir vs State of Uttar Pradesh — 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. 1329/2024 (IA No 603/2024) Abdul Qadir Applicant Versus

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State of Uttar Pradesh & Ors. Respondents

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Date of hearing: 04.12.2024

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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. Rahul Khurana & Mr. Hasil Jain, Advocates for applicant.

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ORDER

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The applicant has filed the present application under Section 14 and 15 of National Green Tribunal Act, 2010 seeking issuance of directions to the District Magistrate, Agra; Agra Development Authority and UPPCB to close/shift the respondent unit from the residential area and directing levying of environmental compensation and prosecution against the respondent unit.

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The applicant has submitted that respondent no. 6 is operating respondent no. 5 unit through branches at three locations first at Khasra No. 304/2 Sarjepur, in front of turning point of Gali no. 4, Azad Nagar, Khandari, Agra, second at Khasra no. 280/1, Sarjepur, in front of turning point of Gali no. 4, Azad Nagar, Khandari, Agra and third at Khasra no.

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302, Sarjepur, Azad Nagar, Khandari, Agra in the residential area of Azad Nagar, Khandari, District Agra, Uttar Pradesh in violation of the directions issued by the Hon’ble Supreme Court and environmental norms without obtaining requisite permission from Agra Development Authority and CTE/CTO from the UPPCB. The applicant made complaints to the concerned authorities including Agra Development Authority and UPPCB but no action has taken on the same.

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The applicant has filed I.A. No. 603/2024 under section 151 of Code of Civil Procedure, 1908 seeking exemption from filing true translated copies of the annexures. In view of the reasons mentioned I.A. No. 603/2024 is allowed and the applicant is exempted from filing translated copies of the annexures at this stage and same be filed in due course of further proceedings in the matter.

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

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Prima facie, the averments made in the application raise substantial questions relating to environment arising out of the implementation of the Acts specified in Schedule I to the National Green Tribunal Act, 2010.

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Let notice of the application along with documents attached with the same be issued to the respondents requiring them to file their responses at least one week before the date of hearing hereby fixed.

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Applicant is directed to serve notices on the respondents by email/speed post and file affidavit of service within one week and tracking report one day before the date of hearing hereby fixed.

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List on 20.12.2024 for further consideration.

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Arun Kumar Tyagi, JM Dr. A. Senthil Vel, EM December 04, 2024 O.A. No. 1329/2024 HB

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Abdul Qadir v. State of Uttar Pradesh

Case brief

What is this about?

What did the court decide?

Abdul Qadir v. State of Uttar Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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