Disposed

Ravindra Kumar vs

NGT4 Sept 2024Original Application No. 901/2024

Case brief

AI extract

What is this about?

The National Green Tribunal disposed of an application complaining of garbage dumping and environmental pollution by Nagar Parishad Behta. The court directed constitution of a Joint Committee to investigate violations of Solid Waste Management Rules and submit a compliance report.

What did the court decide?

Constitution of a Joint Committee to investigate solid waste management violations and submit a compliance report within two months.

Ravindra Kumar vs — Environment and Pollution | NGT (2024)

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Item No.05

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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.901/2024

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Ravindra Kumar Applicant

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Versus

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State of Bihar 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 was received from Ravindra Kumar in the office of Tribunal on 01.12.2023, and same has been registered as Original Application under Sections 14 and 15 of National Green Tribunal Act, 2010 (hereinafter referred to as ‘ NGT Act, 2010 ’) in exercise of suo-moto jurisdiction in view of laid down by Supreme Court Municipal Corporation of Greater Mumbai Versus Ankita Sinha and Others, (2022) 13 SCC 401 .

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Complainant has said that Nagar Parishad (Municipal Council), Behta, District Patna is throwing garbage in Abadi area causing huge air pollution, contaminating ground water, soil etc., and also causing health hazards to the local residents. Said local body is liable for handling, management, processing and disposal of solid waste in a scientific

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manner but in utter violation of statutory responsibility enshrined under Solid Waste Management Rules, 2016 (hereinafter referred to as ‘ SWM Rules, 2016 ’), local body is throwing away garbage/solid waste in the Abadi area and thereby causing damage to environment.

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In our view, complaint made in this letter petition, at the first instance, can be effectively looked into by Local Authorities including Statutory Regulator and if they find any violation of environmental laws on the part of Nagar Parishad, Behta, appropriate remedial action may be taken in accordance with law

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We accordingly, constitute a Joint Committee comprising District Magistrate, Patna; Bihar State Pollution Control Board; and Central Pollution Control Board.

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District Magistrate, Patna shall be the Nodal Agency for coordination and compliance of this order.

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Above Committee shall visit the site, collect relevant information and ensure that provisions of SWM Rules, 2016 are strictly complied with by local body in handling, management, processing and disposal of solid waste, generated within the jurisdiction of said local body. In case, any violation is found on the part of local body, appropriate preventive, prohibitive, punitive and remedial action shall be taken in accordance with law.

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The Committee shall submit a Compliance Report within two months with Registrar Eastern Zone Bench at Kolkata of Tribunal. If any further order is required, Registrar shall place the matter before appropriate Bench.

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We also direct Registry to transmit record of this application to Eastern Zone Bench at Kolkata.

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With aforesaid 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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September04, 2024 Original Application No.901/2024 M

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Ravindra Kumar vs

Case brief

What is this about?

What did the court decide?

Ravindra Kumar vs

Case brief

What is this about?

What did the court decide?

What the court decided

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