Remanded

Mahesh Patel vs

NGT18 Dec 2024Original Application No. 930/2024

Case brief

AI extract

What is this about?

The Tribunal registered an application regarding untreated effluent discharge by the Ordnance Factory, Itarsi. After impleading respondents and a preliminary hearing, the Bench held that the cause of action lies within the Central Zone Bench's jurisdiction and transferred the matter.

What did the court decide?

Directing the Registry to list the matter before the Central Zone Bench at Bhopal after obtaining orders for the transfer of the case.

Mahesh Patel vs — Environment and Pollution | NGT (2024)

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Court No. 2

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Item No. 11

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BEFORE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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Original Application No. 930/2024

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Mahesh Patel Applicant

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Versus

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State of Madhya Pradesh & Ors. Respondents

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Date of hearing: 18.12.2024

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CORAM: HON’BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER

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Applicant: None for the applicant.

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Respondents: Mr. Raghav Sharma, Mr. J.P. Singh and Mr. Pranjal Pandy, Advocates for respondent no. 2-MPPCB Mr. Mohit Singhal, Advocate for respondent no. 4- CPCB. Mr. Ramkumar and Mr Sushil Kumar, Advocates for respondent no. 5- Ordnance Factory, Itarsi. Mr. V.K. Singh, General Manager, Mr. Shekher Pandey, Deputy General Manager and Mr. Manoj Srivastva, J.W.M for Ordnance Factory, Itarsi.

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ORDER

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Mr. Mahesh Patel, President of Ayudh Nirmani Mazdoor Congress

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sent letter petition dated 15.09.2023 to this Tribunal complaining about

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discharge of untreated effluent by Ordnance factory at Itarsi District Narmadapuram, Madhya Pradesh.

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Under the orders of Hon’ble the Chairperson the letter petition has been treated and registered as O.A. No. 930/2024.

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This Tribunal took cognizance vide order dated 05.09.2024 and constituted a Joint Committee comprising of Madhya Pradesh State Pollution Control Board; Central Pollution Control Board; and District Magistrate, Hoshangabad with direction to submit Factual Report within one month.

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In compliance thereof report of the Joint Committee has been filed via email dated 17.10.2024.

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Vide order dated 24.10.2024 State of Madhya Pradesh through Principal Secretary/ Additional Chief Secretary, Environment Forest and Climate Change; Madhya Pradesh Pollution Control Board (MPPCB) through its Member Secretary; District Magistrate, Hoshangabad; Central Pollution Control Board (CPCB) through Member Secretary and Ordnance Factory, Itarsi, District, Narmadapuram, Madhya Pradesh through its General Manager were impleaded as respondents no. 1 to 5 and notices were ordered to be issued to respondents requiring them to file their responses within three weeks.

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In the course of hearing analysis report dated 25.11.2024 has been filed by MPPCB and reply dated 27.11.2024 has been filed by CPCB.

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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 of Hon’ble Chairperson and assignment under his order, but in view of the fact that the place of accrual of cause of action lies within jurisdiction of the Central Zone Bench of this Tribunal at Bhopal, we are of the considered view that it will be appropriate if the substantial environmental questions

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involved in the case are heard and decided by the Central Zone Bench of this Tribunal at Bhopal.

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Accordingly, the Registry is directed to list the matter before the Central Zone Bench of this Tribunal at Bhopal on 30.01.2025 after obtaining orders from Hon’ble the Chairperson for transfer of the case.

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Arun Kumar Tyagi, JM

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Dr. Afroz Ahmad, EM

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December 18^th , 2024 O.A. No. 930/2024 AG

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Mahesh Patel vs

Case brief

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Mahesh Patel vs

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