Disposed

Mohit Goel and Ors. vs

NGT4 Sept 2024Original Application No. 897/2024

Case brief

AI extract

What is this about?

The NGT Hyderabad bench directed the Haryana State Pollution Control Board to inspect a sweet shop emitting foul gases in Gurgaon. The Tribunal exercised suo-moto jurisdiction based on a precedent and directed action under the Air Act, 1981, before disposing of the application.

What did the court decide?

Direction to Haryana State Pollution Control Board to visit the site and report on potential violations of the Air Act, 1981, within two months.

Mohit Goel and Ors. vs — Environment and Pollution | NGT (2024)

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Item No.04

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Court No. 2

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BEFORE THE NATIONAL GREEN TRIBUNAL

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PRINCIPAL BENCH, NEW DELHI

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Original Application No.897/2024

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Mohit Goel and Ors. Applicant

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Versus

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State of Haryana Respondent

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Date of hearing: 04.09.2024

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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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A letter petition dated 03.11.2023 has been received, signed by from various signatures including Mohit Goel which has been registered as Original Application under Sections 14 and 15 of National Green Tribunal Act, 2010 (hereinafter referred to as ‘ NGT Act, 2010 ’) by Tribunal in exercise of suo-moto jurisdiction in view of law laid down by Supreme Court in Municipal Corporation of Greater Mumbai Versus Ankita Sinha and others, (2022) 13 SCC 401 .

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Complainants have said that they are residing at Shakti Park, Khandsa Road, Gurgaon near Anaj Mandi Chowk. There is a sweet shop namely M/s Om Bikanerwala in front of the houses of complainants wherein a chimney has been installed which is emitting foul gases causing health hazards including breathing difficulties to the residents.

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In our view, complaint made in this letter petition at the first instance can bead dressed effectively by District Authorities and Statutory Regulator and if they find any violation of environmental laws, appropriate and remedial action may be taken in accordance with law.

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We accordingly, direct Haryana State Pollution Control Board to visit the site and find out whether proponents premises come within the purview of Air (Prevention and Control of Pollution) Act, 1981 (hereinafter referred to as ‘ Air Act, 1981 ’) and whether any violation of Section 21 and there is any emission of polluted gases etc., causing air pollution and if any violation is found, appropriate, remedial and preventive/prohibitive action shall be taken accordance with law within two months.

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With aforesaid directions, this Original Application is disposed of.

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A copy of this order be forwarded to Haryana State Pollution Control Board by e-mail for compliance.

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Sudhir Agarwal, JM

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Dr. Afroz Ahmad, EM

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September04, 2024 Original Application No.897/2024 M

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Mohit Goel and Ors. vs

Case brief

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What did the court decide?

Mohit Goel and Ors. vs

Case brief

What is this about?

What did the court decide?

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