Disposed

Sandeep Kumar v. State of Uttar Pradesh

NGT1 Apr 2024Original Application No. 328/2024

Case brief

AI extract

What is this about?

The National Green Tribunal formed a Joint Committee comprising a Regional Officer from MoEF & CC and the Member Secretary of UPPCB to ascertain the truthfulness of pollution allegations regarding a poultry farm operating without environmental clearances, directing a report within three months and action within four months.

What did the court decide?

Formation of a Joint Committee to investigate pollution allegations and submit a report within three months; action to be taken within four months.

Sandeep Kumar vs State of Uttar Pradesh — Environment and Pollution | NGT (2024)

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Item No. 04

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Court No. 1

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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Original Application No. 328/2024

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Sandeep Kumar Applicant Versus

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State of Uttar Pradesh & Ors.

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Respondent(s)

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Date of hearing: 01.04.2024

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

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Applicant: Mr. Prakash Pandey, Adv. (Through VC)

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ORDER

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In this Original Application, Applicant has raised the grievance relating to the air and water pollution being caused by the Respondent i.e. M/s Royal Layer Poultry Farm, located at village Dakhodi Jamalpur block – Thanabhawan, Janpad, District Shamli, Uttar Pradesh. The complaint of the applicant is that the poultry farm is operating without obtaining the permission from the Uttar Pradesh Pollution Control Board (UPPCB) and it has no facility for management of Solid Waste such as Manure, Dead Birds, Hatchery Waste etc. which is causing obnoxious smell in the nearby region. Submission of learned counsel for the applicant is that the poultry farm is located within the 200 metres of the residential area and that the poultry farm is handling about 36000 birds at a single location and has not obtained the Consent to Establish and Consent to Operate under Section 25 of the Water Act, 1974 and under Section 21 of the Air Act 1981 from State Pollution Control Board/Pollution Control Committee, which is a mandatory for poultry farms handling birds above 25,000 at single location and as per direction

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of Hon’ble NGT order dated 10.12.2021 in OA No. 320/2021 Gauri Maulekhi Vs. Union of India & Ors. even poultry farms handling above 5000 birds at single location are required to obtain CTE and CTO under Water and Air Acts w.e.f. 01.01.2023. During the course of arguments learned counsel for the applicant has referred to the complaints which were made by the applicant to UPPCB and the communications of the UPPCB dated 09.05.2023 Annexure A1, 21.07.2023 Annexure A2, 12.12.2023 Annexure A3 and has submitted that though the notices have been issued by the UPPCB to the Project Proponent but no action has been taken till now.

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The OA raises substantial issue relating to compliance of the environmental norms.

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We are of the view that at the first instance a Joint Committee is required to be formed to ascertain the truthfulness of the allegations and thereafter UPPCB is required to take action, if necessary.

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Hence, we form a Joint Committee comprising of Regional Officer, MoEF & CC, Lucknow and the Member Secretary, UPPCB. The Member Secretary, UPPCB will act as a nodal agency. The Joint Committee will ascertain the truthfulness of the allegations made in the OA and will prepare a report and on the basis of the said report the Member Secretary, UPPCB will give due opportunity of hearing to the project proponent and will take action in accordance with law within a time bound period.

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Let this exercise be completed within a period of three months and the action taken report along with the report of the Joint Committee be submitted before the before the Registrar General of the Tribunal within

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four months by e-mail at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF. If found necessary, the matter will be listed before the bench for consideration.

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OA is accordingly disposed of.

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A copy of this order, along with a copy of the petition, be forwarded to the Regional Officer, MoEF & CC, Lucknow and the Member Secretary, UPPCB by e-mail for compliance.

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Prakash Shrivastava, CP

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Dr. A. Senthil Vel, EM

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April 01, 2024 Original Application No. 328/2024 AS.

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Sandeep Kumar v. State of Uttar Pradesh

Case brief

What is this about?

What did the court decide?

Sandeep Kumar v. State of Uttar Pradesh

Case brief

What is this about?

What did the court decide?

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