Tribunals and CommissionsDivision Bench(2022) 11 NGT CK 0021

Anup Kumar vs State of Jharkhand

National Green Tribunal · Decided on 9 November 2022

HON’BLE JUDGES
Arun Kumar Tyagi, JM · Dr. Afroz Ahmad, EM
RESULT
Disposed Of
CASE NUMBER
Original Application No. 618 Of 2022

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Judgment

7 paragraphs · 346 words

Application is registered based on a Letter Petition received by Email.

1.

Mr. Anup Kumar resident of Amboya, Paonta Sahib, Himachal Pradesh has sent the letter petition by email, which has been treated and registered as Original Application, complaining about illegal mining, theft of river Sand, Stone Chips, Iron Ore and Coal etc. at Berma Block of District Bokaro.

2.

We have gone through the application. The averments made in the application are general and vague in nature. There are no specific allegations as to the persons indulging in illegal mining, theft of river Sand, Stone Chips, Iron Ore and Coal etc. and there are general and bald allegations regarding corruption by the Public Servants without requisite details.

3.

While there has to be strict implementation of the environmental norms, rules and regulations and all requisite steps have to be taken for protecting and improving environment and abating environmental pollution, yet grievances of the applicant can be redressed only when the requisite details of violators and their activities are given so that appropriate remedial action can be taken against them and even they can also be heard by this Tribunal, if so required, before passing of any adverse order against them.

4.

In these circumstances, no action can be taken on the present application which is disposed of accordingly with liberty to the applicant to file fresh application with requisite details, if so desired.

5.

Since, the Statutory Authorities including State PCB and District Magistrate have been empowered and obligated by the enactments specified in Schedule I to the National Green Tribunal Act, 2010 to take appropriate remedial action for protection and improvement of environment, if the applicant gives the requisite details of the violators and their activities with specific allegations, the State PCB and District Magistrate, Bokaro may look into the matter, verify the facts and take appropriate action against the violators by following due process of law.

6.

A copy of this order be forwarded to the State PCB and District Magistrate, Bokaro by e-mail for information and compliance, as the case may be.