Disposed

Misc Application in disposed of cases No. 53/2024 in Original Application No. 754/2022 of Khem Chand vs

NGT8 May 2024Misc Application in disposed of cases No. 53/2024 in Original Application No. 754/2022

Case brief

AI extract

What is this about?

In a matter regarding illegal groundwater extraction in Ghaziabad, the Tribunal found that requisite action had not been taken despite previous closure orders and penalty imposition. It directed the District Magistrate to file an updated action taken report within three months.

What did the court decide?

Directed the District Magistrate/Chairman, District Groundwater Management Authority, Ghaziabad to file an action taken report within three months.

Misc Application in disposed of cases No. 53/2024 in… — Environment and Pollution | NGT (2024)

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Item No.13

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Court No. 1

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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M.A.No.53/2024

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Original Application No. 754/2022

Khem Chand

Applicant

Versus

State of Uttar Pradesh& Ors.

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Respondent(s)

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Date of hearing: 08.05.2024

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CORAM: HON’BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON HON’BLE DR. A. SENTHIL VEL, EXPERT MEMBER

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Respondent: Mr. Vedansh Anand, Adv. for Ground Water Department

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Mr. Pradeep Misra & Mr. Daleep Dhyani, Advs. for UPPCB (Through VC)

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ORDER

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This MA has been filed on the basis of the report filed by the joint committee in pursuance to the order of the Tribunal dated 17.03 2023 in O.A. No. 754 of 2022.

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In the O.A. No.754/2022, grievance was raised against illegal extraction of groundwater for commercial purpose in the residential area of Baradari, E- Block, Nehru Nagar-II, Ghaziabad, U.P., which is an over exploited area and used for the purpose of sale.

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Tribunal by order dated 03.01.2023 had constituted a joint committee which had submitted the report dated 13.03.2023 finding that one Danish Kasana had established the plant illegally against which closure order was passed and plant was sealed and there was a proposal for imposition of EC.

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Tribunal considering the report had disposed of the OA with the direction to the State PCB and District Level Authority of UP Groundwater Department to take further action in accordance with law within two months and submit the action taken report.

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Joint action taken report has been filed by UPPCB on 02.02.2024 merely stating that Dinesh Kasana had closed the plant and borewell has been found to be sealed. On the basis of that report, we find that requisite action has not been taken by Members of the joint committee.

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District Groundwater Authority, Ghaziabad is represented through the Counsel today who was informed that on 12.04.2023 penalty of Rs.2 lakh was imposed upon Dinesh Kasana and same was not deposited, therefore, notice dated 08.11.2023 was issued to him for depositing the penalty. He submits that requisite steps will be taken within four weeks to ensure recovery of the penalty amount. He has also submitted that reminder to Sh. Dinesh Kasana for depositing the amount has also been issued on 07.02.2024.

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Hence, we dispose of the M.A. directing the District Magistrate, Ghaziabad/Chairman, District Groundwater Management Authority, Ghaziabad to file action taken report before the Registrar General of the Tribunal within threen months. If found necessary, the matter may be listed for consideration before the Tribunal.

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Prakash Shrivastava, CP

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Dr. A. Senthil Vel, EM

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May 08, 2024 M.A.No.53/2024 JG.

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Misc Application in disposed of cases No. 53/2024 in Original Application No. 754/2022 of Khem Chand vs

Case brief

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Misc Application in disposed of cases No. 53/2024 in Original Application No. 754/2022 of Khem Chand vs

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