Dismissed

Rahul Kumar v. State of Rajasthan

NGT3 Dec 2024Original Application No. 188/2024

Case brief

AI extract

What is this about?

The Tribunal dismissed an application alleging air pollution by three chemical industries in Alwar, finding the allegations false. Based on a joint committee report confirming compliance, the court held the applicant abused judicial process due to a pattern of misleading filings, imposed a penalty, and ordered payment to authorities.

What did the court decide?

Application dismissed; Rs.50,000 cost imposed on Applicant to be deposited with RSPCB and District Collector.

Rahul Kumar vs State of Rajasthan — Environment and Pollution | NGT (2024)

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Item No.03

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Court No.1

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BEFORE THE NATIONAL GREEN TRIBUNAL CENTRAL ZONAL BENCH, BHOPAL

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(THROUGH PHYSICAL HEARING WITH HYBRID MODE)

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Original Application No.188/2024(CZ)

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IN THE MATTER OF :

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Rahul Kumar Applicant(s)

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Versus

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State of Rajasthan & Ors.

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Respondent(s)

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Date of hearing: 03.12.2024 CORAM: HON’BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER HON’BLE DR. A. SENTHIL VEL, EXPERT MEMBER

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For Applicant(s) : None

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For Respondent(s) : Mr. Shoeb Khan, Adv. for State of Rajasthan (in Virtual Mode) Mr. Rohit Sharma, Adv. for RSPCB (in Virtual Mode)

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ORDER

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Case called out. No one is present on behalf of the Applicant.

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We have heard Mr. Shoeb Khan, learned Counsel appearing (in Virtual Mode) for State of Rajasthan and Mr. Rohit Sharma, learned Counsel appearing (in Virtual Mode) for Rajasthan State Pollution Control Board

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The present Original Application has been registered on the basis of a complaint sent vide email dated 10.06.2024 by the complainant Sh. Rahul Kumar (through email ID [email protected]). The issues raised in this Original Application is violation of Air (Prevention and Control of Pollution) Act, 1981, by the industries named K.S. Jain, Ajanta Polymer and Green Field Chemical Companies by emitting black toxic smoke in the industrial area of Alwar Rajasthan and adversely affecting the health of the local residents around the industrial area. It is alleged that the said

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chemical companies are regularly emitting black toxic smoke and playing with the environmental as well as the human life and flouting the environmental rules.

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In view of the above, following persons were impleaded as party respondent:-

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i. State of Rajasthan through District Collector, Alwar, Rajasthan

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ii. The Member Secretary, Rajasthan Pollution Control Board, Jaipur (Rajasthan)

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iii. The Chief Municipal Officer, Alwar, Rajasthan

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iv. M/s K S Jain through its Managing Director, Alwar, Rajasthan

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v. M/s Ajanta Polymer through its Managing Director, Alwar, Rajasthan

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vi. M/s Green Field Chemical through its Managing Director, Alwar, Rajasthan

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In view of the seriousness of the allegations in the Original Application, the Tribunal also constituted a Fact Finding Joint Committee comprising of the following members:-

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i. One representative from the District Collector Alwar, Rajasthan

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ii. One representative from the Member Secretary Rajasthan State Pollution Control Board

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The Committee was directed to visit the place and submit the factual and action taken report within six weeks.

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The Rajasthan State Pollution Control Board, Respondent No.2, has filed its affidavit and it is stated that the Joint Committee visited

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the site on 07.10.2024 and prepared its report based on its observations. The copy of the Joint Committee Report has been filed and is on record and the same reads as under:-

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“Factual and Action Taken Report in the matter of Rahul Kumar V/s State of Rajasthan & Ors. In Original Application No.188/2024(CZ) Hon’ble NGT, Central Zone Bench, Bhopal

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1. Background

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In this original application, filed through a complaint vide email dated 10/06/2024 by the complainant Sh. Rahul Kumar (through email ID [email protected]) , the complainant Sh. Rahul Kumar alleged that the black toxic smoke is emitted by the industries namely M/s KSJN ( wrongly mentioned as M/s K S Jain ), M/s Ajanta Polymer and M/s Green Field, which is adversely affecting the health of small children living in the areas around the industrial area at Alwar, Rajasthan. The said toxic smoke is also affecting the health of the surrounding villages. These chemical companies are constantly emitting black toxic smoke and playing with the environment as well as human life. These chemical companies are openly flouting the rules of NGT and Pollution Department.

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2. Order

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Hon’ble NGT, Central Zone Bench in its order dated 05/08/2024 has directed inter-alia as follows: -

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“...7. In view of the seriousness of the matter we constitute a joint committee consisting the following members to visit the site and submit the action taken report: -

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i. One representative from the District Collector, Alwar, Rajasthan

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ii. One representative from the Member Secretary, Rajasthan State Pollution Control Board

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8. The Committee is directed to visit the place and submit the factual and action taken report within six weeks. The State PCB will be the nodal agency for coordination and logistic support....”

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Accordingly, District Collector, Alwar vide letter dated 21/08/2024 nominated Additional District Magistrate (City), Alwar as representative on the behalf of District Collector. Copy of letter dated 21/08/2024 enclosed as Annexure-1 .

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And whereas, Regional Officer, RSPCB, Alwar nominated on the behalf of Member Secretary, RSPCB.

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3. Joint Committee Visit

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In accordance with the aforementioned orders/letters, the joint committee officials visited the industries as mentioned in the complaint (i.e. 1) M/s Ajanta Polymers Pvt. Ltd. located at A-321-321(A), MIA, Alwar, 2) M/s KSJN Chemicals Pvt. Ltd. located at A-321 (B), MIA, Alwar and 3) M/s Green Field Industries located at A-319 (A), MIA, Alwar, on dated 07/10/2024.

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4. Observations

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A. Consent status of the industries (Copies of the consent to operate of the industries have been collectively enclosed as Annexure-2):

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S. No.	Name of Industry	Validity of Consent to Operate	Products/By-products and production capacity
1.	M/s Ajanta Polymers Pvt. Ltd. (ID – 15858)	28/02/2029	➢ Azo Di-carbonamide (ADC) @ 1920 TPA ➢ Calcium Chloride @ 0.80 TPD ➢ Di-Nitroso-Pentamethylenetetramine (DNPT) @ 400 TPA ➢ HCl(5-6percent)@ 10 TPD
2.	M/s KSJN Chemicals Pvt. Ltd. (ID – 26949)	31/05/2028	➢ Azo Di-carbonamide (ADC) @ 1320 TPA ➢ Calcium Chloride @ 1.20 Ton/Day ➢ Di-Nitroso-Pentamethylenetetramine (DNPT) @ 264 TPA ➢ HCl(5-6percent)@ 15 Ton/Day
3.	M/s Green Field Industries (ID - 1206)	31/08/2027	➢ Azo Di-carbonamide (ADC) @ 2400 TPA ➢ Calcium Chloride @ 1.00 MT/Day ➢ Di-Nitroso-Pentamethylenetetramine (DNPT) @ 500 TPA ➢ HCl(5-6percent)@ 12 MT/Day

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B. Details of sources of flue gas stacks (i.e. Boiler) installed in the industries: -

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S. No.	Name of Industry	Capacity of Boiler	Fuel	Emission Control Measures installed at the boiler
1.	M/s Ajanta Polymers Pvt. Ltd. (ID – 15858)	03 TPH	Biomass/ Briquette	Single cyclone→ Water Pre-heater→ Pulse- Jet Bag Filter→ Wet scrubber→ ID Fan→ Stack(Approx. 30 meters)
2.	M/s KSJN Chemicals Pvt. Ltd. (ID – 26949)	02 TPH	Biomass/ Briquette	Single cyclone→ Pulse-Jet Bag Filter→ Water Pre-heater→ Wet scrubber→ ID Fan → Stack(Approx. 30 meters)

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3.	M/s Green Field	03 TPH	Biomass/	Single cyclone→ Water Pre-heater→ Pulse-
	Industries (ID - 1206)		Briquette	Jet Bag Filter→ Wet scrubber→ ID Fan→
				Stack(Approx. 30 meters)

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✓ D.G. sets of CPCB IV+ have been installed in the industries, which are complying with the MoEF standards.

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C. Details of the manufacturing process: -

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During site visit of the industries, the industries were found operational. These industries mainly engaged in the process of manufacturing of Azo Di-carbonamide (ADC). The process of manufacturing includes chlorination of caustic soda to form Hypo, aeration of Hypo with caustic to form Hydrazine Hydrate, boiling of Hydrazine Hydrate with sulfuric acid to form HDC and finally chlorination of HDC to form ADC (Final product). Typically following chemical reactions are being carried out in the reactor vessels: -

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a) NaOH (Caustic)+ Cl2 (Chlorination) = NaOCl (Hypo) + H2O

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b) NaOCl + NaOH + Aeration = N2H4.xH2O (Hydrazine Hydrate) + NaCl + NaOH

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c) N2H4.xH2O + H2SO4 + Boiling = C2H6N4O2 (Hydrazo Di-Carbonamide (HDC))

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d) C2H6N4O2 + Cl2 (Chlorination) = C2H4N4O2 (Azo Di-Carbonamide (ADC) i.e. Final Product, yellowish in appearance)

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The above chemical reactions/process requires steam for completion of the reactions therefore boiler is required to be installed in these types of industries, being the only source of flue gases generation. As mentioned above in the table, the industries have installed the requisite emission control measures in order to reduce the flue gas emissions in the surrounding environment.

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D. Action taken by State Board/Joint Committee: -

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Although these industries have installed the four stages of emission control measures (including the water pre-heater), in order to assess the efficiency of these emission control measures, the stack monitoring of the boilers installed in these industries were carried out and the results are as follows (Monitoring reports of the source emission (i.e. Boiler) of the industries, carried out during joint site visit, are collectively enclosed as Annexure-3 ): -

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S. No.	Name of Industry	Fuel and Capacity of Boiler	Parameter	Prescribed Standard	Results of stack monitoring
1.	M/s Ajanta Polymers	Biomass/Briquette,	Particulate	80 mg/Nm³	52 mg/Nm³
	Pvt. Ltd. (ID – 15858)	03 TPH	Matter
2.	M/s KSJN Chemicals	Biomass/Briquette,	Particulate	80 mg/Nm³	63 mg/Nm³
	Pvt. Ltd. (ID – 26949)	02 TPH	Matter
3.	M/s Green Field Industries (ID - 1206)	Biomass/Briquette, 03 TPH	Particulate Matter	80 mg/Nm³	72 mg/Nm³

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E. Treatment facility adopted for the trade effluent: -

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Besides above, all these 03 industries have provided Effluent Treatment Plant (ETP) for the treatment of trade effluent generated from the process. The typical treatment of wastewater consists of following steps/processes: -

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Trade effluent → Collection tank → Neutralization tank (Ammonia Purging/Lime dosing) → Clarifier → Settling tanks → Forced Evaporation (Evaporated through fog canons and steam grids) in order to comply with and to maintain Zero-Liquid Discharge (ZLD) status. During visit the ETPs and the forced evaporation systems were found in operation and no effluent was found discharging outside the premises.

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5. Other relevant observations

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The complaint which has been received to the Hon’ble Tribunal, is vide email ID kumarbeeru71(gmail.com . It is pertinent to mention here that this email ID seems to belong to the other person namely Sh. Beeru Kumar who had earlier also filed a misleading complaint, before the Hon’ble NGT, Central Zone, Bhopal, against an industry namely M/s Sri Dwarika Dheesh Polymers Pvt. Ltd. (Unit ID – 1297) located at Plot No. F-448-449, Matsya Industrial Area, Tehsil and District-Alwar, Rajasthan, having original Application No. 168/2023 , wherein Hon’ble NGT vide order dated 19/01/2024, imposed a penalty of Rs. 50,000/- on the applicant , inter-alia stating the following (Copy of the Hon’ble NGT order is enclosed as Annexure-4 ): -

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“...4. During the course of hearing, the complainant has sent a letter with affidavit which is on record with the facts that though he had filed the complaints against the Project Proponent but now he has rejected his complaint and requested to withdraw and affidavit has also been filed. In the affidavit it has been narrated that the complainant himself visited the industry and the Technical Director met him there and he examined the Boiler and Chimni and found that everything is fine .

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and report as he is a expert of the industry . The conduct of the complainant shows by-passing all the system and government agencies and he is working as Inspector of the industry for which he is not authorised. The conduct of the applicant shows that he is in habit of making a complaint on different name though by the same mail address and after the matter is taken by this Tribunal he personally visit the industries and use undue influence on Project Proponent . The conduct of the complainant moved the machinery of the National Green Tribunal causing huge state expenditure for which Members of the CPCB and the Engineers of the State Pollution Control Board were directed to visit the place and after inspection submit the report. The CPCB was again directed to submit the reply for which the CPCB has paid the fees to the Counsel i.e. travelling expenditure to the members of the committee. All the system was in operation, unnecessary due to the reason that the applicant/complainant has moved this complaint without any base and further exceeded his right by visiting the industry and examining it. Once the application has been moved before this Tribunal/Court the complainant has no role either say to withdraw or direct the Tribunal/Court to move according to his application or according to his wishes. The conduct shows the malpractice and blackmailing the project proponents. Accordingly, a cost of Rs. 25,000/- is imposed to be paid by the complainant to the Rajasthan State Pollution Control Board to be deposited to the office of the Regional Officer, Alwar and amount of Rs. 25,000/- be deposited to the office of Regional Director, Central Pollution Control Board, Bhopal, who visited the site from Bhopal to meet out the expenditure . The Collector, Alwar (Rajasthan) is directed to realise that cost and deposit to the relevant office according to the rules. Office is further directed that the complaint, if any moved by the name of complainant or email must be seriously examined through id number and the copy of the Adhar Card must be submitted with the complaint…”

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…………….x…………………….x…………………...x………………………

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7. Conclusion

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1. The industries have provided adequate emission control measures at the bio mass/briquette fired boiler installed within

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their premises and complying with the stack emission standards imposed by the RSPCB (i.e. 80 mg/Nm3). Performance of these emission control measures was counter-verified through the stack monitoring conducted by RSPCB on dated 07/10/2024 (i.e. on the date of joint visit).

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2. Since, the industries are complying with emission standards norms, therefore, no further action is required, however, RSPCB may be directed to keep constant vigil on the industry for complying the norms given in the consent and authorization.”

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A perusal of the Joint Committee Report shows that the prescribed standard of 80mg/Nm³ for Particulate Matter in all the three industries of the Respondent Nos.4, 5 & 6, M/s Ajanta Polymers, M/s KSJN Chemicals and M/s Green Field Industries, was within the prescribed standards. The Committee Report also mentions that all three industries have provided Effluent Treatment Plant (ETP) for treatment of trade effluent generated from the process. It is also noted that during visit ETPs and forced evaporation systems were found to be in operation and no effluent was found discharging outside the premises.

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The Joint Committee in its Report has also disclosed that previously one Sh. Beeru Kumar had filed a similar misleading complaint before the National Green Tribunal, Central Zone, Bhopal, against an industry, namely, M/s Sri Dwarika Dheesh Polymers Pvt. Ltd. (Unit ID-1297) located at Plot No.F-448-449, Matsya Industrial Area, Tehsil and District-Alwar, Rajasthan, on the basis of which the Original Application No.168/2023(CZ) was registered and thereafter when the allegations were found to be false, the Tribunal vide its order dated 19.01.2024 disposed of the said Original Application imposing a penalty of Rs.50,000/(Rupees Fifty Thousand only) on the said Applicant. The copy of the

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order dated 19.01.2024 passed in Original Application No.168/2023(CZ) has been filed with the affidavit which reads as under:-

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“ ORDER

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………………..x…………….x…………x………………..x………………

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3. In view of the above facts, no violations has been found by the members of the joint committee. CPCB has filed the reply with the facts that a notification with regard to effluent standards for organic chemical industries has been notified by the CPCB and provisions have been made for online continuous monitoring system for effluent (OCEMS) and the State Pollution Control Board is regularly monitoring the system.

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4. During the course of hearing, the complainant has sent a letter with affidavit which is on record with the facts that though he had filed the complaints against the Project Proponent but now he has rejected his complaint and requested to withdraw and affidavit has also been filed. In the affidavit it has been narrated that the complainant himself visited the industry and the Technical Director met him there and he examined the Biloer and Chimni and found that everything is fine.

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5. The conduct of the complainant shows that he is blackmailing the system and forum of the Nation Green Tribunal and after making a complaint and after due enquiry he personally visited the industry and submitted the affidavit and report as he is a expert of the industry. The conduct of the complainant shows by-passing all the system and government agencies and he is working as Inspector of the industry for which he is not authorised. The conduct of the applicant shows that he is in habit of making a complaint on different name though by the same mail address and after the matter is taken by this Tribunal he personally visit the industries and use undue influence on Project Proponent. The conduct of the complainant moved the machinery of the National Green Tribunal causing huge state expenditure for which Members of the CPCB and the Engineers of the State Pollution Control Board were directed to visit the place and after inspection submit the report. The CPCB was again directed to submit the reply for which

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the CPCB has paid the fees to the Counsel i.e. travelling expenditure to the members of the committee. All the system was in operation, unnecessary due to the reason that the applicant/complainant has moved this complaint without any base and further exceeded his right by visiting the industry and examining it. Once the application has been moved before this Tribunal/Court the complainant has no role either say to withdraw or direct the Tribunal/Court to move according to his application or according to his wishes. The conduct shows the malpractice and blackmailing the project proponents. Accordingly, a cost of Rs. 25,000/- is imposed to be paid by the complainant to the Rajasthan State Pollution Control Board to be deposited to the office of the Regional Officer, Alwar and amount of Rs. 25,000/- be deposited to the office of Regional Director, Central Pollution Control Board, Bhopal, who visited the site from Bhopal to meet out the expenditure. The Collector, Alwar (Rajasthan) is directed to realise that cost and deposit to the relevant office according to the rules. Office is further directed that the complaint, if any moved by the name of complainant or email must be seriously examined through id number and the copy of the Adhar Card must be submitted with the complaint. Since no violations have been found in the report, thus, no further action is required to be taken by the Tribunal. Thus, the Original Application No. 168/2023 stands dismissed.

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6. A copy of the order be communicated to the Collector Alwar (Rajasthan) with direction to realise the amount of cost from the complainant namely [email protected]. The State Pollution Control Board is directed to submit the compliance within two months.

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With these observations the Original Application No. 168/2023(CZ) stands disposed of.”

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In the present case, the Applicant has filed his complaint before the

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Tribunal through the same e-mail ID viz., [email protected] and from the perusal of the Joint Committee Report, we find that the allegations made against the

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Respondent Nos.4, 5 & 6 industries are absolutely false and the said industries have been found to be environment compliant.

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When the case taken up on 03.12.2024 the Applicant, Rahul Kumar, was not present even though his name has been printed in the cause-list. We also find that on 05.08.2024 and on 14.10.2024 the Applicant was not present. The said Applicant, Mr. Rahul Kumar, has also not filed his objection to the Joint Committee Report which is available on the portal of the National Green Tribunal and is, therefore, well within the knowledge of the Applicant.

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We find that the Applicant has filed this Original Application by sheer abuse of judicial process and he is not a genuine or bonafide Applicant who may have personally visited the site before sending his complaint through e-mail to the Tribunal alleging environmental violations against the Respondent Nos.4, 5 & 6 industries. We also find that the conduct of the Applicant shows that he is in the habit of making complaints through different names through the same e-mail address and there is nothing on record to show that he has personally visited the industries of the concerned Respondent Nos.4, 5 & 6 and that his complaint is based on a genuine finding of environmental violations. Thus, the Applicant has abused the process of Court by filing the present Original Application and launching the proceedings against the Respondent Nos.4, 5 & 6 industries.

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In view of the above, we dismiss the present Original Application imposing a cost of Rs.50,000/- (Rupees Fifty Thousand only) on the Applicant, Mr. Rahul Kumar, with a direction that out of Rs.50,000/-, Rs.25,000/- (Rupees Twenty Five Thousand only)

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shall be deposited in the office of the Regional Officer, Rajasthan State Pollution Control Board, Alwar, and the remaining amount of Rs.25,000/- (Rupees Twenty Five Thousand only) shall be deposited with the District Collector, Alwar, within a period of one month i.e., by 04.01.2025 , failing which the same shall be recovered from the Applicant as arrears of land revenue by the State authorities.

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A copy of this order shall be communicated to the District Collector, Alwar, who shall ensure compliance of this order and file affidavit of compliance by 14.02.2025.

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B. Amit Sthalekar, JM

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...................................... Dr. A. Senthil Vel, EM

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December 3, 2024, Original Application No.188/2024(CZ) AK

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Rahul Kumar v. State of Rajasthan

Case brief

What is this about?

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Rahul Kumar v. State of Rajasthan

Case brief

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