Tribunals and CommissionsDivision Bench(2023) 04 NGT CK 0045

Dharmendra Kumar Singh vs Union of India & Ors

National Green Tribunal · Decided on 25 April 2023

HON’BLE JUDGES
Arun Kumar Tyagi, JM · Dr. Afroz Ahmad, EM
CASE NUMBER
Original Application No. 174 Of 2022

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Judgment

5 paragraphs · 341 words
1.

Grievances in the application are regarding operation of brick kiln by Respondent no. 8 M/s. Aakansha Int Bhatta, Sarni, Koth, Sikandarpur, Balia, Uttar Pradesh and Respondent no. 9 M/s. Ashok Kumar Sharma Int Bhatta, Phalpura, Koth, Sikandarpur, Balia, Uttar Pradesh in residential area in violation of the environmental norms.

2.

Vide order dated 07.03.2022, this Tribunal constituted a Joint Committee and action taken report of the Joint Committee was submitted vide email dated 03.06.2022. In view of the deficiencies, vide order dated 12.07.2022, this Tribunal constituted a Joint Committee comprising of representative of CPCB, State PCB and District Magistrate, Balia and report of the above said Joint Committee was filed vide email dated 23.09.2022.

3.

Respondent no. 2-CPCB filed its response/reply vide email dated 23.11.2022, respondents no. 8 and 9 filed their replies vide emails dated 24.11.2022 and respondent no. 9 also filed I.A. No. 308/2022 vide email dated 25.11.2022 for vacation of stay granted vide order dated 12.07.2022. I.A. No. 50/2023 was filed for allowing proposed amendment in the counter affidavit of respondent no. 8 and I.A. No. 51/2023 was filed for early hearing. The application for proposed amendment in the counter affidavit of respondent no. 8 is allowed. Amended counter affidavit of respondent no. 8, filed vide email dated is 07.02.2023 is taken on record. Supplementary affidavit filed by respondent no. 9 vide email dated 07.02.2023 is also taken on record. The application for early hearing has become infructuous.

4.

It is pertinent to observe that all applications pertaining to operation of brick kilns in the State of U.P. in violation of environmental norms listed before this Bench were ordered to be listed before Court No. 1 of the Principal Bench of this Tribunal. It will be appropriate that the present application be also listed before Court No. 1 of the Principal Bench of this Tribunal.

5.

Accordingly, the Registry is directed to list the present application before Court No. 1 of the Principal Bench of this Tribunal after obtaining orders from Hon’ble The Chairperson, if so required.