Disposed

Indu Kashyap vs

NGT8 Nov 2024Original Application No. 1083/2024

Case brief

AI extract

What is this about?

NGT disposed of an original application regarding solid waste disposal in Jehanabad by directing the formation of a Joint Committee to investigate violations under the Solid Waste Management Rules, 2016, and take remedial action.

What did the court decide?

Constitution of a Joint Committee comprising District Magistrate and State Pollution Control Board to investigate violations and take action within two months.

Indu Kashyap vs — Environment and Pollution | NGT (2024)

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Item No.05

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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. 1083/2024

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Dr. Indu Kashyap Applicant(s)

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Versus

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State of Bihar Respondent(s)

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Date of hearing: 08.11.2024

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

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A pplicants: None

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ORDER

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Dr. Indu Kashyap, Rashtriye Upadhayaksh (Mahila Morcha) Lok Jan Shakti Party (Ra) has sent a letter petition dated 19.01.2024 raising a complaint of unscientific handling and disposal of solid waste by the local bodies in Nagar Parishad, Jehanabad and this letter petition has been registered as Original Application under Sections 14 and 15 of National Green Tribunal Act, 2010 (hereinafter referred to as ‘ NGT Act, 2010 ’) in exercise of suo-moto jurisdiction in view of law laid down by Supreme Court in Municipal Corporation of Greater Mumbai Versus Ankita Sinha and Others, (2022) 13 SCC 401 .

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Complainant has said that in Ward No.1 near NH-110 and on the North side of city there is a huge dump of solid waste which is on fire for

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the last three months and smoke emitting therefrom is causing air pollution rendering life of local people difficult and also causing health hazard. Waste is also being discharged and dumped illegally in river Dardha causing contamination thereof and public land is also being encroached.

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In our view, complaint made in this application, at the first instance, may effectively be addressed by District Authorities and Statutory Regulator and if they find any violation of environmental laws, appropriate action may be taken in accordance with law against the violator.

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We accordingly constitute a Joint Committee comprising District Magistrate, Jehanabad, State of Bihar and Bihar State Pollution Control Board.

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District Magistrate, Jehanabad shall be the Nodal Authority for coordination and compliance of this order.

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Above Committee shall collect relevant information and if finds any violation of environmental laws particularly observance and compliance of Solid Waste Management Rules, 2016, appropriate prohibitive, punitive, preventive and remedial action shall be taken against the violator(s) within two months and a compliance report shall be submitted with Registrar, Eastern Zone Bench of this Tribunal at Kolkata. If Registrar finds that any further order is required, he may place the matter before appropriate Bench.

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With the above directions, this Original Application is disposed of.

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A copy of this order be forwarded to District Magistrate, Jehanabad State of Bihar and Bihar State Pollution Control Board by email for requisite compliance.

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Sudhir Agarwal, JM

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Dr. Afroz Ahmad, EM

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November 08, 2024 Original Application No. 1083/2024 M

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Indu Kashyap vs

Case brief

What is this about?

What did the court decide?

Indu Kashyap vs

Case brief

What is this about?

What did the court decide?

What the court decided

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