Disposed

Mukesh Kumar vs

NGT1 Jul 2024Original Application No. 361/2024

Case brief

AI extract

What is this about?

The NGT, exercising suo moto jurisdiction, constituted a joint committee including the Maharashtra State Pollution Control Board and District Magistrate to investigate alleged pollution from an unauthorized acid mixing facility in Mumbai and submit a factual report.

What did the court decide?

Constituted a joint committee to verify facts and submit a report within two months; transferred record to the Pune Bench.

Mukesh Kumar vs — Environment and Pollution | NGT (2024)

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Item No.08

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Court No. 2

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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Original Application No. 361/2024

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Mukesh Kumar Applicant

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Versus

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State of Maharashtra Respondent

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Date of hearing: 01.07.2024

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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 Respondent: None

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ORDER

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This original application under Sections 14 and 15 of National Green Tribunal Act, 2010 (hereinafter referred to as ‘ NGT Act, 2010’ ) has been registered in exercise of suo moto jurisdiction on the basis of a letter petition dated 22.02.2024 sent by Mukesh Kumar R/o BS 133 Shalimar Bagh, Delhi.

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Complainant has alleged that there is acid mixing facility operating in Keytuo Industrial Estate, Andheri East, Mumbai. Complex where facility is operating has been mentioned in complaint as B-6 Bhim Nagar Road MIDC Industrial Estate Kandivita Andheri East, Maharashtra.

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Complainant has further stated that above acid mixing facility has no safety checks, pollution control devices, protocols, and no emergency measures in case of disasters. Industrial estate is in heart of corporate area of Andheri East, less than 2 km from international airport, behind

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Chakla (I.B Nagar) and many offices are housed there at. Complainant when visited site found that yellow smoke was coming out and on closer inspection found that nearby steel grills and shutters have been damaged with effluents/ acidic vapours emanating from said plant. People residing near the said unit, complained of face burning, sensation in eyes and breathing problems. Steel affixed on nearby buildings have started rusting due to acidic vapours and environment is being damaged in various ways. Certain photographs have been appended to the complaint showing severe damage caused to iron structures in nearby areas and other pollution being caused due to operation of said facility.

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In these facts and circumstances, we are satisfied prima facie that substantial question of environment has arisen due to implementation of scheduled enactments under NGT Act, 2010 but before taking any further action in the matter, we find it appropriate to verify facts by constituting a committee comprising local and statutory authorities.

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We accordingly substitute a joint committee comprising Maharashtra State Pollution Control Board, Central Pollution Control Board, District Magistrate/Collector, East Andheri Mumbai and a representative of Additional Chief Secretary, Dept of Environment, Maharashtra.

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District Magistrate/Collector shall be nodal agency for coordination and compliance.

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The said committee shall visit site, collect relevant information and submit a factual report within two months with the Registrar, Western Bench, Pune of this Tribunal. As the matter relates to State of Maharashtra and is within jurisdiction of Pune Bench. Therefore, Registry

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is directed to transmit record of this original application to Western Zonal Bench, Pune for further proceedings.

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List this matter for further proceedings on 06.09.2024 before appropriate Bench.

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Sudhir Agarwal, JM

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Dr. Afroz Ahmad, EM

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July 01, 2024 Original Application No. 361/2024 AB

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Mukesh Kumar vs

Case brief

What is this about?

What did the court decide?

Mukesh Kumar vs

Case brief

What is this about?

What did the court decide?

What the court decided

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