Allowed

Prajjwal Chand vs

NGT1 Sept 2025IA No. 675/2024 in Original Application No. 971/2024

Case brief

AI extract

What is this about?

The Tribunal allowed the impleadment of the Medical Pollution Control Committee and Integrated Pollution Committee as respondents in a public interest litigation regarding non-compliance of environmental norms by a CBWTF. Issues regarding ownership ownership were to be decided by the Tribunal.

What did the court decide?

I.A. No. 675/2024 and I.A. No. 678/2024 are allowed and the applicants are impleaded as respondents. Responses to be filed within four weeks.

Prajjwal Chand vs — Writ and Judicial Review | NGT (2025)

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Item No. 05

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Court No. 2

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BEFORE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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Original Application No. 971/2024 (I.A No. 322/2025, I.A No. 361/2025, I.A No. 675/2024, I.A No. 678/2024)

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Prajjwal Chand Applicant

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Versus

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State of U.P. & Ors. Respondents

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Date of hearing:01.09.2025

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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: Ms. Priyanka Swami, Advocate for respondents no. 1 and 4 (through VC). Ms. Suman Arora, Advocate for respondent no. 2. Mr. Pradeep Misra, Advocate for respondent no. 3 (through VC). Mr. Sanjay Upadhyay, Senior Advocate with Ms. Mansi Bachani, Ms. Eisha Krishan, Ms. Gitanjali and Mr. Surya Gupta, Advocates for respondent no. 6. Ms. Tanushree Karnawat Proxy Counsel for Mr. Satyadev Prakash, Advocates for MPCC.

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ORDER

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Mr. Prajjwal Chand, son of Om Prakash Chand resident of village Chilawa, District Gorakhpur had sent letter petition dated 06.12.2023 to this Tribunal which has been treated and registered as Original Application No. 971/2024.

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The applicant raised grievances regarding operation of CBWTF (Common Medical Bio Waste Treatment Facility) in question in violation of environmental norms.

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Vide order dated 26.09.2024, this Tribunal constituted a Joint Committee and the Joint Committee submitted report dated 06.11.2024.

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In the course of the hearing, responses/reports have been filed by the respondents.

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I.A. No. 675/2024 has been filed by Medical Pollution Control Committee through its Director- Vinay Kumar Verma and I.A. No. 678/2024 has been filed by Integrated Pollution Committee through its Sole proprietor- Dr. Pranjal Patel for their impleadment as respondents.

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Reply to above said IAs have been filed by UPPCB.

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Learned counsel for UPPCB has submitted that the concerned parties may be asked to get the dispute regarding ownership of CBWTF in question decided from the Civil Court and the concerned owner may be impleaded in accordance with such decision.

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In view of the facts and circumstances of the case, reasons mentioned in I.A. No. 675 of 2024 and I.A. No. 678 of 2024, the fact that dispute between the applicants in I.A. No. 675 of 2024 and I.A. No. 678 of 2024 has to be adjudicated upon qua the environmental issues involved in the present case by this Tribunal on the basis of material to be produced by them after grant of opportunity of being heard and also in the interest of justice, but subject to all just exceptions, I.A. No. 675 of 2024 and I.A. No. 678 of 2024 are allowed and Medical Pollution Control Committee through its Director- Vinay Kumar Verma and Integrated Pollution Committee through its Sole proprietor- Dr. Pranjal Patel are impleaded as respondents no. 6 and 7.

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The Registry is directed to amend the memo parties.

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Newly impleaded respondents no. 6 and 7 are already appearing before this Tribunal through their Counsels, issuance of notices to them by the Registry is not required.

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Learned Counsels for respondents no. 6 and 7 seek time to file their responses.

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Responses by respondents no. 6 and 7 may be filed within four weeks.

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In the present case, ad interim injunctive order was passed by this Tribunal on 19.11.2024 that CBWTF in question will be not allowed to operate without consent and EC. However, said order will not stand in the way of decision of the questions as to applicability of EC and also grant of consent to operate by UPPCB.

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List on 07.10.2025 for final hearing.

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Pleadings may be completed before that date and if any response /additional response is to be filed by any of the respondents, then the same may be filed within one month and in case any rejoinder to the same is to be filed by the applicant, then the same be filed at least one day before the date of hearing fixed and no further adjournment will be granted for this purpose.

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Arun Kumar Tyagi, JM

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Dr. Afroz Ahmad, EM

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September 01^st , 2025 Original Application No. 971/2024 ( I.A No. 322/2025, I.A No. 361/2025, I.A No. 675/2024, I.A No. 678/2024 ) AB

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Prajjwal Chand vs

Case brief

What is this about?

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Prajjwal Chand vs

Case brief

What is this about?

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