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Judgment
This application has been registered on a letter petition dated 21.10.2021 sent by Jeewan Chandra Kashneyal S/o Lokmani Kashneyal R/o Dilkudari, Near Silthama Vadda Road, District Pithoragarh, Uttarakhand. The complaint is that adjacent to his house, there is a residence of one Bhuwan Chandra Kapri S/o Narayan Dutt Kapri who is running an Atta Chakki and also carrying on Masala Udyog in the said premises causing air and noise pollution. Applicant has sent several complaints to various authorities but no action has been taken. The letter petition is appended with copies of letter dated 11.06.2019 sent to District Magistrate, Pithoragarh, letter dated 28.08.2019 sent by Regional Officer, Uttarakhand Environment Protection and Pollution Control Board (UEP&PCB) informing applicant that no consent has been granted to the person concerned against whom complaint has been made for running the business of Atta Chakki and Masala Udyog. Similar information has been conveyed by Regional Officer, UEP&PCB to DeputyCollector, Tehsil and District, Pithoragarh vide another letter dated 20.07.2019, copy whereof is also on record.
In our view, if the above person is carrying on business of Atta Chakki and Masala Udyog causing air and noise pollution in violation of environmental norms and laws, the concerned Statutory Regulator is under an obligation to take appropriate remedial action. Mere communication to various authorities that no consent has been given is neither sufficient nor amounts to due discharge of statutory function. State PCB and its authorities must understand that they are expected to act and react whenever a cause of environment is brought to them. They are not expected to wait for somebody to make complaint but on their own should keep strict vigil and wherever there is any activity causing degradation to environment or likely to cause such damage, proceed to take appropriate action including criminal proceedings and imposition of environmental compensation.
We, therefore, dispose of this application with the direction to Member Secretary, UEP&PCB and the District Magistrate, Pithoragarh to look into the matter and take appropriate remedial action without any further delay, after giving due opportunity of hearing to concerned affected person, expeditiously, and, in any case, within two months.
A copy of this order be forwarded to Member Secretary, UEP&PCB and the District Magistrate, Pithoragarh by e-mail for compliance.