Disposed

Sudhagoni Vishnu vs

NGT8 Feb 2024Original Application No. 774/2023

Case brief

AI extract

What is this about?

The Tribunal accepted an application regarding mining damage to a natural mound. It formed a Joint Committee of the Pollution Control Board and district officials to inspect the site and ordered transfer of the matter to the Southern Zone Bench at Chennai.

What did the court decide?

Constitution of a Joint Committee comprising State Pollution Control Board, Collector, and DFO to inspect the site and take remedial action; Transfer of matter to Southern Zone Bench, Chennai.

Sudhagoni Vishnu vs — Mining and Natural Resources | NGT (2024)

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Item No.2

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(Court No. 2)

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI.

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(Through Physical Hearing with Hybrid V.C. Option)

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Original Application No. 774/2023

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Sudhagoni Vishnu …Applicant Versus State of Telangana & Ors. …Respondents Date of hearing: 08.02.2024

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CORAM: HON’BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER. HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER. Applicant: None for the Applicant.

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Application is registered based on a letter petition received by email.

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ORDER

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Mr. Sudhagoni Vishnu has sent by email the present letter petition to this Tribunal, which has been treated and registered as O.A. No. 774/2023.

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The relevant part of the letter petition enumerating grievances of the applicant is reproduced as follows:-

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X X X X

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“There is a mound (gutta in telugu) near my agricultural land in ullampally in which the mining workstarted.it is a good natural mound called pandavula gutta which look very buitifull and habitat for monkeys bears etc. Due to its mining may damagge occur to the environment in sourroundings. These mining works may effect our good healthy environment. These type of mining of mounds mountains will effect our future. As a citizen i want to protect that buitifull and non renewable mond called pandavula gutta. Please kindly take action to stop that mining. In the same way amound called pottigutta also gone. Please kindly stop this.we can live without that stones are which ever we get from that mound by mining.but we cant gwt that healthy

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O.A. No. 774/2023

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Sudhagoni Vishnu Vs. State of Telangana & Ors.

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environment and the butifull nature and a calm weather.these are natural formations we dont have right to destroy it. We seen sevaral such incidents of mini g mounds whichaffe ting the nature. I am attaching the view of that mound from our farm We belive that the myhological charecters pandavas were stayed on that mond so we called it as pandavulagutta.we can think it as our heritage site. Please please kindly stop the mining ans save the mound and save our future. The pollution is not so much reached villages because of this type of natural phenomenans if that were extint our life will extinct definetly. Please kindlya stop the mining and save oir future”

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Prima facie the averments made in the application raise substantial questions relating to environment arising out of the implementation of the enactments specified in Schedule-I to the National Green Tribunal Act, 2010.

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In view of the averments in the application, we consider it appropriate to have response of (1) State of Telangana through Chief Secretary, Government of Telangana, (2) Telangana State Pollution Control Board, through its Member Secretary (3) Collector, Karimpur and (4) DFO, Karimpur who stand impleaded as respondents No. 1 to 4. The Registry is directed to prepare and attach memo of parties to the application and issue notices to respondents No. 1 to 4 requiring them to file their reply/response within two months.

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In view of the averments made in the application, we also consider it appropriate that a Joint Committee be constituted to verify the factual position and take appropriate remedial action. Accordingly, we constitute a Joint Committee comprising of representatives of Telangana State Pollution Control Board, Collector, Karimpur and DFO, Karimpur and direct the same to meet within two weeks, undertake visits to the site, look into the grievances of the applicant, associate the applicant and representative of the concerned project proponent, verify the factual position and take appropriate remedial action by following due course of law. The Telangana State

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O.A. No. 774/2023

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Sudhagoni Vishnu Vs. State of Telangana & Ors.

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Pollution Control Board will be the nodal agency for coordination and compliance.

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Even though in the present case cognizance has been taken by this Bench on the basis of letter petition received by post with approval and assignment under order of Hon’ble Chairperson, but in view of the facts and circumstances of the case including the fact that the place of accrual of cause of action lies within jurisdiction of the Southern Zone Bench of this Tribunal at Chennai, we are of the considered view that it will be appropriate if the case is further heard by the Southern Zone Bench of this Tribunal at Chennai.

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Accordingly, the Registry is directed to list the matter before the Southern Zone Bench of this Tribunal at Chennai on 23.04.2024 after obtaining orders from Hon’ble the Chairperson for transfer of the case.

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Factual and Action taken Report by the Joint Committee and reply/response by the respondents be filed within two months before the Southern Zone Bench of this Tribunal at Chennai by email [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF.

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A copy of this order be sent to the Member Secretary, Telangana State Pollution Control Board , the Collector, Karimpur and the DFO, Karimpur by email for requisite compliance.

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Arun Kumar Tyagi, JM

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Dr. Afroz Ahmad, EM

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February 08^th , 2024 AG

Sudhagoni Vishnu vs

Case brief

What is this about?

What did the court decide?

Sudhagoni Vishnu vs

Case brief

What is this about?

What did the court decide?

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