Application challenging the environmental clearance and siting of a Material Recovery Facility in Panchkula. Admitted to extract affidavits from respondents. Legible copy of Annexures allowed. No relief granted in this interim order.
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Item No. 02
Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI
Original Application No. 138/2025 (I.A. No. 247/2025 & I.A. No. 248/2025)
Sohan Lal & Ors.
Applicant(s)
Versus
State of Haryana & Ors.
Respondent(s)
Date of hearing: 07.04.2025
CORAM: HON’BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON HON’BLE DR. A. SENTHIL VEL, EXPERT MEMBER
Applicant: Mr. A.R. Takkar, Mr. Manan Takkar & Ms. Aastha Tyagi, Advocates
ORDER
1
reads as under: -
“(y) make an application in Form-I for grant of authorization for setting up waste processing, treatment or disposal facility, if the volume of waste is exceeding five metric tones per day including sanitary landfills from the State Pollution Control Board or the Pollution Control Committee, as the case may be;”
“i. Separation Distances for Solid Waste Processing and Disposal Facilities
Ideally, a distance of 500 meter from the boundary of the Solid Waste Processing and Disposal Facility (sanitary landfill) should be maintained. However, on case to case basis a distance of minimum 200 meter from the Solid Waste Processing and Disposal Facility (sanitary landfill) can be considered subject to the condition that such facility meets the stipulated standards prescribed by State Pollution Control Board with respect to ambient air as well as for stack emissions.”
2
Prakash Shrivastava, CP
Dr. A. Senthil Vel, EM
April 7, 2025 Original Application No. 138/2025 (I.A. No. 247/2025 & I.A. No. 248/2025) AS..
3
3 issues framed by the court
Whether the construction of a Material Recovery Facility is in violation of SWM Rules, 2016 and siting guidelines.
Whether authorization from the Pollution Control Board is required for a facility generating 143 MTD of waste.
Whether a Minimum distance of 200 meters from residential and industrial areas is maintained.
2 provisions across 2 enactments
Sohan Lal & Ors.
State of Haryana & Ors.
Prakash Shrivastava
A. Senthil Vel
As recorded by the court registry
An application for interim relief made while the main matter is pending.
Judgements on the same questions, provisions and authorities, from every court
