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Tribunals and CommissionsDivision Bench(2024) 05 NGT CK 0021

Devesh Kumar Verma vs Union of India & Ors

National Green Tribunal · Decided on 8 May 2024

HON’BLE JUDGES
Prakash Shrivastava, CP · Dr. A. Senthil Vel, EM
RESULT
Disposed Of
CASE NUMBER
Original Application No. 510 Of 2024

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Judgment

7 paragraphs · 342 words
1.

In this original application, Applicant has raised the grievance against Respondent No. 5 - M/s. Shiv Shakti Traders – a parboiled rice mill and the prayer of the Applicant is that the respondents be directed for immediate shifting of Respondent No. 5 which is currently located and operating in densely populated area.

2.

Learned Counsel for the Applicant has submitted that Respondent No. 5 is operating without Consent to Establish (CTE) and Consent to Operate (CTO). He has further submitted that CCA was issued to Respondent No. 5 on 11.08.2023 valid for the period of 03.08.2023 to 02.02.2024 but on account of several violations committed by Respondent No. 5, the CCA was revoked by the Uttar Pradesh Pollution Control Board (UPPCB) by order dated 18.09.2023 and in that order, as many as 13 violations by Respondent No. 5 were noted.

3.

The submission of Counsel for the Applicant is that in spite of revocation of CCA, Respondent No. 5 is operating illegally at night.

4.

The above facts clearly reveal that the requisite action for violation of environmental norms has already taken by the concerned authority against Respondent No. 5 and if Respondent No. 5, in spite of orders by the authorities, is illegally operating then the Member Secretary, UPPCB is required to take appropriate action.

5.

Hence, we dispose of the OA directing the Member Secretary, UPPCB to get the inspection of Respondent No. 5 unit done and ensure that Respondent No. 5 does not operate in violation of norms and contrary to the orders already passed by the competent authority. Let the action taken report be submitted by the Member Secretary, UPPCB within two months before the Registrar General of the Tribunal by e-mail at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF. If found necessary, the matter will be listed for consideration before the Bench.

6.

OA is accordingly disposed of.

7.

A copy of the order be forwarded to the Member Secretary, UPPCB by e-mail for compliance.