Disposed

President Municipal Committee Thathri vs

NGT3 Dec 2024IA No. 618/2024 in Original Application No. 955/2024

Case brief

AI extract

What is this about?

Application regarding muck dumping near a river in a fragile Himalayan area. Court allowed two weeks for respondents to object to a Joint Committee report, delaying final action on dumping but noting immediate environmental harm.

What did the court decide?

Two weeks' time granted to respondents to file objections to the Joint Committee report; IA disposed of.

President Municipal Committee Thathri vs — Environment and Pollution | NGT (2024)

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Item No. 06

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Court No. 2

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BEFORE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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ORIGINAL APPLICATION No. 955/2024

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(IA NO 618/2024)

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President Municipal Committee Thathri Applicant

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Versus

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Union Territory of J&K Respondent(s)

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Date of hearing: 03.12.2024

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CORAM: HON’BLE MR. JUSTICE SUDHIR AGARWAL JUDICIAL MEMBER HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER

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Applicant: None

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Respondents: Mr. G. M. Kawoosa, Advocate for UT of Jammu and Kashmir and SPDC (through VC) Mr. Mohit Singhal and Mr. Raj Kumar, Advocates for CPCB with Mr. Bharat Sharma, Member Secretary, Ms. Urmilla Thakur and Mr. Kamal Bandhu, Law Officers, CPCB Mr. Jayant Sood, Senior Advocate with Mr. Narender Pal Singh and Ms. Anjali, Advocates for respondent no. 4 and 7 Mr. Nikhil Goel, Senior Advocate with Mr. Varun Chugh, Ms. Ipshita, Mr. Utsav Magotra, Ms. Shagun Shahi, Ms. Siddhi Gupta and Mr. Aadithya Koshy, Advocates for respondent no. 5. Mr. Ghansham Singh, MS JKPCC (through VC)

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ORDER

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Joint Committee report dated 25.11.2024 has been filed through

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Central Pollution Control Board vide email dated 30.11.2024.

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Learned counsels appearing for respondent 4, 5 and 7 states that they want to file objection to report and for this purpose wants a longer time of almost a month.

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Prima facie we find from record that dumping of muck is on the side of river damaging everyday, river hydrology, morphology and ecology and also affecting flora and fauna and it is a matter which requires urgent attention and Proponents who are carrying on such kind of activities must be stopped from carrying out such activities. Therefore, a longer date in such matter will only encourage and continue with destruction of environment everyday which cannot be permitted, particularly, considering the fact that area concerned is a fragile area of Himalaya.

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However, since reasonable opportunity against Joint Committee report need to be granted to Proponents, we allow two weeks’ time to concerned respondents to file objections, if any, to Joint Committee report.

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List on 18.12.2024.

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IA No. 618/2024 : Pursuant to order dated 27.11.2024, Member Secretary, CPCB is present and tenders apology and states that in future such lapses shall not occur.

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We accordingly take a lenient view in the matter and do not proceed to take any action for non-compliance of Tribunal’s order against Member Secretary, CPCB.

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I.A stands disposed of.

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Sudhir Agarwal, JM

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Dr. Afroz Ahmad, EM

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December 03, 2024 ORIGINAL APPLICATION No. 955/2024 (IA NO 618/2024 AB

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President Municipal Committee Thathri vs

Case brief

What is this about?

What did the court decide?

President Municipal Committee Thathri vs

Case brief

What is this about?

What did the court decide?

What the court decided

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