The Tribunal dismissed a review application filed by Nagar Nigam Saharanpur, which had failed to oppose a prior order permitting a slaughter house to operate until 01.02.2025 pending a shifting proposal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Item No. 13
Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI
Review Application No. 21/2024 In Original Application No. 621/2024
Salim
Applicant
Versus
Ministry of Environment Forest and Climate Change & Ors.
Respondent(s)
Date of hearing: 02.01.2025
CORAM: HON’BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON HON’BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER HON’BLE DR. A. SENTHIL VEL, EXPERT MEMBER
Applicant: Mr. Raunak Parekh, Adv.
Respondent: Mr. Amit Shukla, Adv. for UPPCB (Through VC)
ORDER
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Control of Pollution) Act, 1981 issued on 27.12.2019 and consent condition No. 19 under the Water (Prevention and Control of Pollution) Act, 1974 issued on 02.09.2020 were to the effect that unit will submit the proposal for shifting outside the residential area in timebound manner within three months.
“14. Learned Counsel for the appellant submits that now the appellant will comply with all the norms and will also comply with the condition of shifting of the unit by 01.02.2025 or it will close down the unit.
15. Thus, we find that so far as the impugned closure order dated 10.02.2024, is concerned, it does not suffer from any error but if the appellant complies with all the norms and also comply with the condition of shifting the unit outside the residential area then he can be permitted to operate by the concerned authorities.”
“19. A statement has been made by the counsel for the PP that it will operate the slaughter house by complying with all the norms and will also comply with the condition of shifting of the plant outside the residential area by 01.02.2025.
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20. Hence, we dispose of the OA permitting the PP to give an undertaking before the Member Secretary, UPPCB to the effect that by 01.02.2025, either he will comply with the specific condition no. 19 of consent order dated 02.01.2020 of Water Act and specific condition no. 18 of the consent order dated 27.12.2019 of the Air Act about submitting the proposal for shifting of the slaughter house from residential area and shift the slaughter house outside the residential area by 01.02.2025, failing which it will close down unit and till that time, it will run the unit by following the environmental norms. If such an undertaking is submitted, the UPPCB will permit the PP to run the plant subject to the compliance of the undertaking and environmental norms at the present location till 01.02.2025.
21. The UPPCB will carry out monthly inspection of the unit to ensure that the unit is complying with the environmental norms during this period and if any violation of the norm is found then the closure order will come in operation. We make it clear that we have not interfere with the closure order but has permitted the PP to run the plant on undertaking of complying with the environmental norms. This will also not absolve the PP of its liability to pay the EC for the period of noncompliance till the passing of closure order which will be ascertained by the UPPCB by duly complying with the principles of natural justice and order in this regard will be passed by the UPPCB within two months from today.”
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Prakash Shrivastava, CP
Arun Kumar Tyagi, JM
Dr. A. Senthil Vel, EM
January 02, 2025 R.A. No. 21/2024 in O.A. No. 621/2024 A..
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2 issues framed by the court
Whether the Review Applicant has made out any ground for review given its failure to contest the closure order or challenge the shifting condition at the earlier stage.
Whether the Tribunal suffered from any error apparent on the face of the record in permitting the slaughter house to operate pending shifting.
2 provisions across 2 enactments
Item No. 13/MC Saharanpur/Nagar Nigam (MC) Saharanpur/Salim
Ministry of Environment Forest and Climate Change
UPPCB
M/s Slaughter House Nagar Nigam
Prakash Shrivastava
Arun Kumar Tyagi
Dr. A. Senthil Vel
As recorded by the court registry
An application asking a tribunal to review its own order.
Judgements on the same questions, provisions and authorities, from every court
