Disposed

Nirankar Singh and Ors. vs

NGT2 Sept 2024Original Application No. 835/2024

Case brief

AI extract

What is this about?

The applicant filed an original application regarding air pollution caused by a rice mill in Shahjahanpur. The Tribunal declined direct action and constituted a Joint Committee of the District Magistrate and the Pollution Control Board to investigate and report violations.

What did the court decide?

Constitution of a Joint Committee to investigate alleged air pollution violations and submit a report within two months.

Nirankar Singh and Ors. vs — Environment and Pollution | NGT (2024)

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Item No.01

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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.835/2024

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Nirankar Singh and Others Applicant

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Versus

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State of U.P. Respondent

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Date of hearing: 02.09.2024

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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(s): None

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ORDER

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The 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 a letter petition received on 20.11.2023, sent by Nirankar Singh and Ors., complaining that there is a Kuber Rice Mill at village Mohiuddinpur, Police station Banda, Tehsil Powayan and District Shahjahanpur which is operating in the residential area and causing huge air pollution. The area is thickly populated and due to air pollution caused by said rice mill, health of people is suffering adversely since serious ailments relating to respiratory diseases etc., are being spread.

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In our view, complaint made in this application can be appropriately examined by District Authorities and Statutory Regulator at the first instance, and if they find any violation on the part of

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proponent, take appropriate preventive, prohibitive and remedial action in accordance with law.

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We accordingly constitute a Joint Committee comprising District Magistrate, Shahjahanpur and Uttar Pradesh Pollution Control Board.

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District Magistrate, Shahjahanpur shall be the Nodal Agency for co-ordination and compliance of this order.

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Above Committee shall visit the site, collect relevant information and if finds any violation or air pollution by the said proponent, appropriate preventive, prohibitive, punitive and remedial action shall be taken in accordance with law within a period of two months. A compliance Report shall be submitted with Registrar General of Registrar General of this Tribunal. If any further order is required, Registrar General shall place the matter before the Bench.

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With above directions, this Original Application is disposed of.

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Sudhir Agarwal, JM

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Dr. Afroz Ahmad, EM

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September 02, 2024 Original Application No.835/2024 M

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Nirankar Singh and Ors. vs

Case brief

What is this about?

What did the court decide?

Nirankar Singh and Ors. vs

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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