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Tribunals and CommissionsFull Bench(2022) 11 NGT CK 0019

Deepak Sharma vs State Of Uttarakhand & Ors

National Green Tribunal · Decided on 11 November 2022

HON’BLE JUDGES
Adarsh Kumar Goel, CP · Sudhir Agarwal, JM · Arun Kumar Tyagi, JM · Dr. Afroz Ahmad, EM
RESULT
Disposed Of
CASE NUMBER
Execution Application No. 32 Of 2022 In Original Application No. 211 Of 2020 (I.A. No. 267 Of 2022)

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Judgment

8 paragraphs · 305 words
1.

This application seeks execution of order of this Tribunal dated 1.2.2021 in OA No. 211/2020, Deepak Sharma vs. State of Uttarakhand & Ors. on the issue of location of petrol pump as per CPCB guidelines. The Committee vide report dated 8.3.2021 determined the issue as follows:

“Considering above observation, the Committee is of the view that Guidelines for setting up of New Petrol Pumps issued by CPCB on 07.01.2020 shall be applicable to the proposed site as per CPCB office memorandum dated 29.01.2021. In view of the documents furnished to the Committee, interaction made with the concerned individuals, on-site physical verification (25.02.2021) made by the Committee, it is concluded that installation of the retail outlet at the site under reference may not be allowed.”

2.

According to the applicant, inspite of decision of the joint Committee that the location of the petrol pump was not compliant with the CPCB guidelines, the petrol pump has been allowed to go ahead.

3.

In view of above, let the District Magistrate, Haridwar look into the matter and ensure compliance with the order of this Tribunal dated 1.2.2021 read with report of the joint Committee dated 8.3.2021 referred to above.

4.

We  also  direct  that  a  copy  of  order  dated  1.2.2021  in  OA  No. 211/2020, Deepak Sharma vs. State of Uttarakhand & Ors. be forwarded to District Judge, Haridwar for being entrusted to the jurisdictional Civil Court for execution under Section 25(2) of the NGT Act, 2010.

The application is disposed of.

I.A. No. 267/2022 will also stand disposed of.

A copy of this order be also forwarded to District Magistrate, Haridwar and the Project Proponents – Ms. Richa Gupta wife of Sharad Kumar Gupta and Ms. Manju Gupta wife of Rajeev Kumar Gupta, residents of Pushpak Villa, opp. Gurukul Kangari Pharmacy, Singhdwar, Haridwar, by e-mail for compliance.