Dismissed

Misc Application in disposed of cases No. 45/2025 in Original Application No. 704/2024 of Shyamlal vs

NGT3 Jul 2025Misc Application in disposed of cases No. 45/2025 in Original Application No. 704/2024

Case brief

AI extract

What is this about?

The National Green Tribunal disposed of an application concerning complaints of illegal industrial operations using wood fuel in a residential area. A joint committee inspection and subsequent replies indicated the site was dismantled and not operational, leading the Bench to take no further action.

What the court decided

AI extract

Misc Application in disposed of cases No. 45/2025 in… — Environment and Pollution | NGT (2025)

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Item No. 06

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Court No. 2

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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Misc Application in Disposed of Cases No. 45/2025

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In Original Application No. 704/2024

Shyamlal

Applicant

Versus

State of Uttar Pradesh & Ors. Respondents

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Date of hearing: 03.07.2025

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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: Mr. Bhanwar Pal Sing Jadon (Through VC), Ms. Hemlata Singh, Ms. Gargi Chaturvedi and Ms. Anjali Sharma, Advocates for Respondents no. 1 & 3. Mr. Karan Nagpal and Mr. Gaurav Kumar, Advocates for Respondent no. 4.

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ORDER

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Mr. Shyamlal resident of D-17, Gurunanakpura, Modi Nagar, District Ghaziabad, Uttar Pradesh had sent to this Tribunal a letter petition dated 16.10.2023, which was treated and registered as O.A. No. 704/2024.

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The applicant raised the grievances about welding and winding units operational with fuel furnaces where illegally cut wood was being used as fuel.

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This Tribunal disposed of the application by constituting a Joint Committee comprising District Magistrate, Ghaziabad and UPPCB and directing the same to visit the site, collect relevant information and if it found any violation of environmental laws and norms, to take appropriate preventive, prohibitive, punitive and remedial action against the violators after giving due opportunity of hearing to all concerned parties in accordance with law and submit a compliance Report with Ld. Registrar General of this Tribunal within three months who was given liberty to place the matter before the Bench for further orders, if so considered necessary.

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In compliance thereof, report dated 21.10.2024 was filed by the Joint Committee. The relevant part of the report reads as under:-

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“Joint inspection report in compliance to direction issued vide dated 25.07.2024 by Hon'ble National Green Tribunal, New Delhi in OA No-704/2024 Shyamlal Vs State of U.P.

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3.Compliance:-

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In Compliance to aforesaid directions a joint team of official from U.P. Pollution Control Board, Ghaziabad and District Administration, Ghaziabad carried out joint inspection of the units in question and interacted with official of unit as well as complainant on 09.08.2024. During inspection observations made by joint team facts/findings are given here:

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I. During visit it was observed that the unit in name of M/s Surya

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Engineering company is established at D-17, Gurunanakpura, Modinagar, District Ghaziabad in the residential area of Nagar Palika Parishad Modinagar, Ghaziabad. The photograph taken during visit is given below:

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II. During visit representative of the unit Smt Anita Sharma w/o Shri Santosh Sharma proprietor of the unit was present and reported the working of the unit to be since year 2009. III. During visit it was found that the unit is engaged in repairing work of sugar machinery parts by using lathe machine. Further during visit no furnace was found to be established by joint team. No emission and effluent discharge were found observed.

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IV. During visit it was found that the unit is involved cutting, drilling, turning operations which may cause problem in near by area due to noise. V. During visit it was reported by the representative of unit that the work is not done regularly. The work is done only

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when the order is placed. During visit no work was found being carried out. 4.Conclusion:-

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(i) It is also pertinent to mention here that Hon'ble High Court Allahabad

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had passed order on 13.08.2003 in the matter of Writ-C No34957/2003 (Smt. Mitlesh Jain Vs State of U.P. &Ors.) regarding prohibition of industrial activities conducting in residential area and in pursuant to aforesaid order Chief Secretory, Govt. of UP has issued directions vide स ी � 0 एस ी 0/ 89/9- अ -3-2003-82 र ि �ट /2003 द ि �न ां ��क 05.09.2029 एव ं � स ी � 0 एस ी 0/ 89/9- आ 0-3-2003-82 र ि �ट /2003 Housing and urban planning section-3 dated 10.11.2003 for prohibition of commercial and industrial activities conducting in marked out in residential land use in master plan.

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(ii) In pursuant to above UPPCB, Lucknow vide letter H- 35723/C-4/OA No-64/2016 dated 10.05.2019 has issued direction to send the recommendation to Vice President, Development Authority or incharge Nagar Nigam/Executing Officer, Nagar Palika Parishad/Nagar Panchyat for shifting of such activities copy of letter is attached as Annexure-I. (iii) In view of above UPPCB issued letters dated 14.08.2024 & 11.09.2024 to Executing Officer, Nagar Palika Parishad Modinagar, Ghaziabad to take appropriate action on the matter. The copy of letters is attached herewith as Annexure-II. (iv) In reply to above a letter dated 10.09.2024 was received from Nagar Palika Parishad Modinagar, Ghaziabad stating that no industrial activities is being carried out at the site is question. The copy of said letter is attached herewith as Annexure-III.”

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Considering further orders to be necessary, the matter was listed before this Bench by registering the report as M.A. No. 45/2025.

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Vide order dated 16.04.2025 this Tribunal sought response from (1) State of U.P through District Magistrate, Ghaziabad; (2) Nagar Palika Parishad, Modinagar, Ghaziabad through Executive Officer; (3) UPPCB through its Member Secretary and (4) M/s Surya Engineering Company, D-17, Guru Nanakpura, Modinagar, Ghaziabad who were impleaded as Respondents No. 1 to 4.

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Pursuant thereto, identical responses have been filed by respondent no. 1-DM, Ghaziabad vide email dated 23.06.2025 and respondent no. 3-UPPCB vide email dated 26.06.2025.

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The relevant part of the response filed by respondent no. 1-DM, Ghaziabad reads as under:-

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“ RESPONSE ON BEHALF OF DISTRICT MAGISTRATE, GHAZIABAD IN COMPLIANCE OF THE ORDER DT. 16.04.2025 PASSED BY THE HON'BLE NATIONAL GREEN TRIBUNAL, NEW DELHI

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X X X X

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7. That in compliance of the aforementioned order, the latest inspection of unit M/s Surya Engineering company located at D-17, Gurunanakpura, Modinagar, District Ghaziabad in the residential area of Nagar Palika Parishad Modinagar, Ghaziabad was carried on 15.05.2025 by the UPPCB officials.

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A Copy of the inspection report dt. 15.05.2025 has been annexed herewith as ANNEXURE A-1.

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8. That during the said inspection it was observed as under: - i. During visit the unit M/s Surya Engineering company located at D-17, Guru nanakpura, Modinagar, District Ghaziabad was found dismantled, and no plant and machinery/ furnace was found at site except some scrap material.

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Photographs of the said site have been attached within the aforementioned ANNEXURE A-1.

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ii. During visit no representative of the industry was present at site. Representative of complainant Mr. Arjun s/o Sh. Ashok Kumar, resident of D-17, Guru nanakpura, Modinagar, District Ghaziabad interacted and informed that presently said industry is not operational, but there is some land ownership dispute.

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iii. It is also pertinent to mentioned that in pursuant to the order dated 25.07.2024 of this Hon'ble Tribunal a letter dated 10.09.2024 was received from Executive Officer, Nagar Palika Parishad Modinagar, Ghaziabad stating that no industrial activities is being carried out at the site in question. Copy of the letter dt. 10.09.2024 has been attached with Annexure A-1 as Annexure-1.

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9. That furthermore, the Nagar Palika Parishad has issued a letter dt. 06.06.2025 to the Project Proponent. That vide the said letter it has been informed to the Project Proponent that if at any point in the future, the Project Proponent attempt to restart the operations of this company, then appropriate action shall be taken by the Municipal Authority against Project Proponent.

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A Copy of the letter dt. 06.06.2025 has been annexed herewith as ANNEXURE A-2.”

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We have gone through the responses and we are of the considered view that in view of the submissions made therein, no further action is required to be taken on the present miscellaneous application in respect of the grievances raised by the applicant and M.A. No. 45/2025 is disposed of accordingly.

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Arun Kumar Tyagi, JM

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Dr. Afroz Ahmad, EM

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July 03, 2025 M.A in Disposed of Cases No. 45/2025 In Original Application No. 704/2024 AB

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Misc Application in disposed of cases No. 45/2025 in Original Application No. 704/2024 of Shyamlal vs

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Misc Application in disposed of cases No. 45/2025 in Original Application No. 704/2024 of Shyamlal vs

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