Remanded

Shefeek vs

NGT8 Feb 2024Original Application No. 776/2023

Case brief

AI extract

What is this about?

The Applicant filed a letter petition alleging severe environmental pollution and water contamination by a factory in Chavara. The Tribunal constituted a Joint Committee for site verification and ordered the transfer of the case to the Southern Zone Bench at Chennai for further hearing.

What did the court decide?

Constitution of a Joint Committee to verify facts and remediate the pollution issue; transfer of the case to the Southern Zone Bench at Chennai.

Shefeek vs — Environment and Pollution | NGT (2024)

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Item No.4

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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. 776/2023

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Shefeek S …Applicant Versus State of Kerala & 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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Shefeek S has sent by email the present letter petition to this Tribunal, which has been treated and registered as O.A. No. 776/2023.

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The relevant part of the letter petition enumerating grievances of the

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applicant is reproduced as follows:-

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X X X X

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“The Kmml factory in Chavara has polluted the entire area. All the drinking water sources here have become poisonous. The entire environment has become uninhabitable. It is humbly requested to solve this problem which is affecting all living beings in this area and order the company to supply clean water round the clock to the people. It is hoped that the National Green Tribunal, which is responsible for the protection of the entire species and environment of India, will take an appropriate decision.”

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X X X X

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O.A. No. 776/2023

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Shefeek S Vs. Vs. State of Kerala & Ors.

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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 made in the application, we consider it appropriate to have response of (1) State of Kerala through Chief Secretary, Government of Kerala, (2) Kerala State Pollution Control Board, through its Member Secretary, (3) Collector, Kollam, Kerala and (4) Kerala Minerals and Metals Ltd. (Kmml factory), Chavara, Kollam, Kerala 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 Kerala State Pollution Control Board and Collector, Kollam, Kerala 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 Kerala State 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

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O.A. No. 776/2023

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Shefeek S Vs. Vs. State of Kerala & Ors.

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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, Kerala State Pollution Control Board and Collector, Kollam, Kerala 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 N

Shefeek vs

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Shefeek vs

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