Disposed

Hari Om Sharan Dwivedi v. Uttar Pradesh Pollution Control Board

NGT8 Apr 2025IA No. 257/2025 in Original Application No. 141/2025

Case brief

AI extract

What is this about?

The National Green Tribunal ordered notice on an application challenging a Consent to Operate granted to a bio-medical waste treatment facility. It listed the matter for joint hearing with a related pending application and allowed an interim application for document exemption subject to conditions.

What did the court decide?

Notice issued to respondents; IA No. 257/2025 allowed subject to filing legible copies of documents.

Hari Om Sharan Dwivedi vs Uttar Pradesh Pollution Control… — Environment and Pollution | NGT (2025)

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Item No. 01

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Court No. 1

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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Original Application No. 141/2025 (I.A. Nos. 257/2025 & 256/2025)

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Hari Om Sharan Dwivedi

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Applicant

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Versus

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Uttar Pradesh Pollution Control Board & Ors. Respondent(s)

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Date of hearing: 08.04.2025

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CORAM: HON’BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON HON’BLE DR. A. SENTHIL VEL, EXPERT MEMBER

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Applicant: Mr. Yash Mishra & Mr. Siddhant Kumar, Advs. for Applicant ` Respondents: Mr. Deva Shukla & Mr. Atul Mishra, Advs. for R - 2

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ORDER

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In this Original Application (OA), applicant has challenged Consent To Operate (CTO) and authorisation dated 23.12.2024 and 30.12.2024 respectively granted to respondent no.2-M/s. R.S. BMW Services by respondent no.1-Uttar Pradesh Pollution Control Board (UPPCB) for operating Common Bio-Medical Waste Treatment Facility (CBWTF) at Jaunpur, Uttar Pradesh.

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Submission of the Counsel for the applicant is that within the radius of 75 kms there are already 03 bio-medical treatment facility existing and in this regard he has referred to the map annexure A-7. He has further submitted that application made by another facility namely M/s. Topsy Torvy Retails Pvt. Ltd was rejected on this very ground by the authority earlier and in support of such a submission he has placed reliance upon annexure A-6, communication dated 23.02.2023. He also submits that CTO to the respondent no.2 facility has been granted in violation of the CBWTF Rules, 2016.

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Issue notice to the respondents on original application and IA No.256/2025.

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Mr. Deva Shukla, Advocate accepts notice on behalf of respondent no.2 and seeks four weeks to file the reply.

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Let notice be issued to other respondents for filing their reply by way of affidavit at least one week before the next date of hearing. If any respondent directly files the reply without routing it through his advocate then the said respondent will remain virtually present to assist the Tribunal.

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The Applicant is directed to serve the Respondents and file affidavit of service atleast one week before the next date of hearing.

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I.A. No. 257/2025 has been filed by the applicant seeking exemption from filling of dim documents with affidavit. On due consideration, IA is allowed subject to the condition that applicant will place on record legible copy of the documents on which he wants to rely upon.

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Learned Counsel for respondent no.2 has pointed out that OA No. 623/2024 involving the same issue is pending.

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List along with OA No. 623/2024 on 17.04.2025.

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Prakash Shrivastava, CP

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Dr. A. Senthil Vel, EM

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April 08, 2025 Original Application No. 141/2025 (I.A. Nos. 257/2025 & 256/2025) JG..

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Hari Om Sharan Dwivedi v. Uttar Pradesh Pollution Control Board

Case brief

What is this about?

What did the court decide?

Hari Om Sharan Dwivedi v. Uttar Pradesh Pollution Control Board

Case brief

What is this about?

What did the court decide?

What the court decided

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