Disposed

Devi Lal v. Pawan Kumar and Others

NGT2 Jul 2025Original Application No. 302/2025

Case brief

AI extract

What is this about?

The Applicant raised a grievance regarding illegal levelling of land and tree felling for a stone crusher in Himachal Pradesh without necessary permissions. The Tribunal directed the Himachal Pradesh State Pollution Control Board to verify allegations through a spot inspection and examine the complaints within two months before disposing of the application.

What did the court decide?

Directed the Member Secretary, HPSPCB to conduct a spot inspection, verify clearances, and consider the complaints within two months.

Devi Lal vs Pawan Kumar and Others — Environment and Pollution | NGT (2025)

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Item No. 07

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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. 302/2025

Devi Lal Applicant

Versus

Pawan Kumar & Ors.

Respondent(s)

Date of hearing: 02.07.2025

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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. Vinay Kumar Trar, Adv. for Applicant

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ORDER

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In this original application, the Applicant has raised a grievance against the Respondents No. 1 and 3 in respect of levelling of land in Village Mandwara, Tehsil Ghanari, Distt. Una, Himachal Pradesh for the purpose of setting up of a stone crusher. Grievance of the Applicant is that the requisite permission has not been taken by the Respondents No. 1 to 3 for this purpose and they have illegally cut the trees while levelling the land. Though the allegation of illegally felling of trees has been made, but no supporting material has been filed. The record reflects that the Applicant has already made a complaint before the Himachal Pradesh State Pollution Control Board (HPSPCB) on 21.02.2025.

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It is further revealed that the Applicant had made a complaint to the Director, Department of Environment, Science Technology & Climate Change, Govt. of HP and vide communication dated 04.03.2025, Annexure A-3 the said complaint has been forwarded to the Member Secretary, HPSPCB. The grievance of the Applicant is that no action has been taken on the said complaint.

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The allegation which the Applicant has made in the OA requires verification at the ground level and if the allegation is found to be correct, the requisite action is required to be taken by the Member Secretary, HPSPCB. The matter is already pending before the Member Secretary, HPSPCB as the complaint dated 21.02.2025 made by the Applicant has not been examined till now and another complaint made to the Director, Department of Environment, Science Technology & Climate Change, Govt. of HP has been referred to the Member Secretary.

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In these circumstances, we are of the view that the matter needs to be looked into at this stage by the Member Secretary, HPSPCB. Hence, we dispose of the OA directing the Member Secretary, HPSPCB to duly consider the grievance of the Applicant reflected in the complaint dated 21.02.2025 and also one which has been forwarded by the Director, Department of Environment, Science Technology & Climate Change, Govt. of HP, as expeditiously as possible, preferably within a period of two months from the date of receipt of a copy of this order. To ascertain the truthfulness of the allegation, the Member Secretary, HPSPCB will carry out the spot inspection and will also ascertain, if the Respondents No. 1 to 3 have the requisite clearances and permissions.

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The OA is accordingly disposed of.

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Prakash Shrivastava, CP

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Dr. A. Senthil Vel, EM

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July 02, 2025 Original Application No. 302/2025 dv

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Devi Lal v. Pawan Kumar and Others

Case brief

What is this about?

What did the court decide?

Devi Lal v. Pawan Kumar and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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Parties & counsel

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