Disposed

Jagdip Sharma vs

NGT19 Nov 2024Original Application No. 1143/2024

Case brief

AI extract

What is this about?

Regarding sewerage discharge violating Water Act, 1974 in Shivalik Enclave, NGT constituted a joint committee with Deputy Commissioner and HSPCB to investigate and take action within one month before final adjudication.

What did the court decide?

Constitution of a joint committee comprising Deputy Commissioner, Panchkula and HSPCB to investigate environmental violation and submit a compliance report.

Jagdip Sharma vs — Writ and Judicial Review | 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. 1143/2024

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Jagdeep Sharma Applicant Versus UT of Chandigarh Respondent

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Date of hearing: 19.11.2024

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

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Applicant: None

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ORDER

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Jagdeep Sharma, 217 NAC, Shivalik Enclave, Chandigarh has sent this letter petition dated 23.01.2024 which has been registered as Original Application (hereinafter referred to as ‘ OA ’) under Section 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 vs. Ankita Sinha & Ors.” reported in 2021 SCC Online SC 897.

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Complainant has said that there is a storm water drain passing from Shivalik Enclave Residential area in which domestic and other sewerage is being discharged causing violation of environmental laws particularly provisions of Water (Prevention and Control of Pollution) Act, 1974 (hereinafter referred to as ‘ Water Act, 1974 ’).

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In our view, complaint made in this letter petition, at the first instance, may be effectively addressed by District Authorities and Statutory Regulator and if they find any violation of environmental laws,

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appropriate action may be taken by them. We accordingly constitute a joint Committee comprising Deputy Commissioner, Panchkula and Haryana State Pollution Control Board (hereinafter referred to as ‘ HSPCB ’)

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Deputy Commissioner, Panchkula shall be the nodal authority for coordination and compliance.

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The above Committee shall collect relevant information and if necessary, visit the site, interact with stakeholders and if finds any violation of environmental laws, take appropriate preventive, prohibitive, punitive and remedial action in accordance with law within one month.

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The Committee shall submit a compliance report with Registrar General of this Tribunal, who, if finds any further order necessary, shall place the matter before appropriate Bench.

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With the above direction, Original Application is disposed of.

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Sudhir Agarwal, JM

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Dr. Afroz Ahmad, EM

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November 19, 2024 Original Application No. 1143/2024 SN

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Jagdip Sharma vs

Case brief

What is this about?

What did the court decide?

Jagdip Sharma vs

Case brief

What is this about?

What did the court decide?

What the court decided

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