Tribunals and CommissionsDivision Bench(2023) 02 NGT CK 0030

Aas Mohammad vs State of U.P

National Green Tribunal · Decided on 20 February 2023

HON’BLE JUDGES
Sudhir Agarwal, JM · Dr. A. Senthil Vel, EM
RESULT
Disposed Of
CASE NUMBER
Original Application No. 876 Of 2022

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Judgment

7 paragraphs · 324 words
1.

This original application has been registered under Sections 14 and 15 of the National Green Tribunal Act, 2010 (hereinafter referred to as NGT Act, 2010) on the basis of a letter petition dated 19.07.2022 received from Aas Mohammad son of Mansav Khan, resident of village Teodhi, 13 Bishwa, Thana Bhojpur, District Ghadiabad. The complaint is that Fajar Mohammad and Miaz Mohammad, sons of Yamine are running a dairy at their residence which is a part of residential area at village Teodhi causing air pollution by burning wood, rubber and other scrub material in the furnace. This is causing not only damage to the environment but also causing health hazards to the local residents. There is also a primary school in the vicinity and students and children studying therein are also suffering from several kinds of diseases on account of air pollution and also bad odour emitting from the activities caused by Mr. Fajar Mohammad and Miaz Mohammad.

2.

In our view the grievance at the first instance can be looked into by the Local Authorities, for the purpose whereof we constitute a joint Committee comprising State PCB and District Magistrate, Ghaziabad who shall look into the complaint, visit the site, collect relevant information and if finds violation, take appropriate remedial action in accordance with law within two months.

3.

The District Magistrate shall be nodal agency for coordination and compliance.

4.

The said Committee shall submit an action taken report within three months with the Registrar General of this Tribunal who shall place the report before the Bench if find necessary for any further order.

5.

The report shall be submitted by e-mail at judicial-ngt@gov.in preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF.

6.

With the above direction/observations this OA is disposed of.

7.

A copy of this order be forwarded to the State PCB and District Magistrate, Ghaziabad by email for compliance.