The applicant challenged a cattle fodder shop for alleged air pollution. The Tribunal held that a shop is not an industrial plant under the Air Act, 1981. With no other applicable scheduled enactment, the Tribunal found it lacked jurisdiction and disposed of the application.
Original Application No. 880/2022 and IA No. 675/2023 are disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Item No.09
Court No. 2
BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI
Original Application No. 880/2022 ( IA NO 675/2023 )
Sohan Vir Singh Applicant
Versus
Virender Respondent
Date of hearing: 12.08.2024
CORAM: HON’BLE MR. JUSTICE SUDHIR AGARWAL JUDICIAL MEMBER HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: Ms. Vashu Gupta, Advocate for applicant (through VC)
Respondents: Mr. Thakur Munna Singh and Ranjeet Chhokar, Advocate for respondent no. 1. Ms. Simran Sehgal and Mr. Shlok Mittal, Proxy Counsel for Ms. Priyanka Swami Advocate for NPP Khoda-Makanpur. Mr. Amit Shukla, Advocate for UPPCB with Mr. Sanjeev Singh, Member Secretary, UPPCB (through VC)
ORDER
1
Statutes which is mentioned in Schedule I of NGT Act, 2010 enforcement whereof is required by Tribunal. However, the applicant could give no reply.
“(k) “industrial plant” means any plant used for any industrial or trade purposes and emitting any air pollutant into the atmosphere;”
Sudhir Agarwal, JM
Dr. Afroz Ahmad, EM
August 12, 2024 Original Application No. 880/2022 (IA NO 675/2023) AB
2
2 issues framed by the court
Whether a cattle fodder shop emitting dust falls under the definition of an industrial plant under the Air Act requiring prior consent.
Whether the original application filed under Section 14 of the NGT Act, 2010 maintains the jurisdiction of the Tribunal.
2 provisions across 2 enactments
Sohan Vir Singh
Virender
Sudhir Agarwal
Afroz Ahmad
As recorded by the court registry
An original application before a tribunal, most commonly a service dispute before the Central or a State Administrative Tribunal.
Judgements on the same questions, provisions and authorities, from every court
