Tribunals and CommissionsDivision Bench(2023) 01 NGT CK 0015

Anna Mathai Kalavarakkalayil vs State of Kerala

National Green Tribunal · Decided on 11 January 2023

HON’BLE JUDGES
Sudhir Agarwal, JM · Prof. A. Senthil Vel, EM
RESULT
Disposed Of
CASE NUMBER
Original Application No. 864 Of 2022

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Judgment

5 paragraphs · 275 words

Application is registered based on a complaint received by post

1.

This original application under Sections 14 and 15 of National Green Tribunal Act, 2010 (hereinafter referred to as ‘NGT Act, 2010’) has been registered on a letter petition received on 19.07.2022 by this Tribunal from Anna Mathai Kalavarakkalayil, Pattithanam PO, Ettumanoor, Kottayam district, Kerala stating that there is a stone crushing unit about 70 mtrs away from residence of the applicant. The said unit named as M/s Silver Sand, Kanakkry, Kottayam has been issued a consent to establish by Kerala State Pollution Control Board (hereinafter referred to as ‘KSPCB’) which is valid upto 28.02.2027 but the said activity is contrary to circular No. PCB/TAC/St.Cr.Com/65/2005 dated 17.10.2007 with regard to siting criteria. It is provided vide the above circular that there should be atleast 150 mtrs distance from the periphery of structure of any residence/building/place of worship but in the present case, the distance is only just about 68 mtr which is in contravention to the above circular.

2.

In our view, since it is only consent to establish and no substantive action has been taken till now, it will be appropriate to direct concerned authority to look into the matter and take appropriate action. We therefore, dispose of this application by directing Regional Officer, KSPCB District Kottayam to look into the complaint of the applicant and take appropriate remedial and preventive action in accordance with law.

3.

The application is disposed of with the above directions.

4.

A copy of this order along with the copy of the complaint be forwarded to Regional Officer and Member Secretary KSPCB District Kottayam by email for compliance.