Tribunals and CommissionsDivision Bench(2024) 04 NGT CK 0053

Kaka Ashok vs State of Telangana & Ors

National Green Tribunal · Decided on 29 April 2024

HON’BLE JUDGES
Arun Kumar Tyagi, JM · Dr. Afroz Ahmad, EM
RESULT
Disposed Of
CASE NUMBER
Original Application No. 192 Of 2024

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Judgment

23 paragraphs · 797 words
1.

Mr. Kaka Ashok has sent by post the present letter petition to this Tribunal, which has been treated and registered as O.A. No. 192/2024.

2.

The relevant part of the letter petition enumerating grievances of the applicant is reproduced as follows:-

X X X X

“SUB: Complaint Against Sri Venkateswara Egg Tray Industry -Kanakamedala Lokeswari - Reg.

Dear Sir/Madam,

I am writing to bring to your attention a matter of utmost concern regarding the Sri Venkateswara Egg Tray Industry, Ramachandrapuram Village, Aswapuram Mandal, Bhadradri Kothagudem District, Telangana State owned by Kanakamedala Lokeswari, operating within our locality. We, the residents of this area, have been experiencing severe environmental and health issues due to the wrongful establishment and operation of this industry. We believe that the industry has obtained permission from the concerned authorities under questionable circumstances, and its operations have been detrimental to our well-being and the local environment.

The primary issues we wish to highlight are as follows:

1.

Improper Waste Disposal: Sri Venkateswara Egg Tray Industry is consistently releasing waste materials into the agricultural fields nearby. This irresponsible disposal of industrial waste is causing significant damage to our fertile lands and negatively impacting the livelihoods of local farmers.

2.

Health Hazards: The proximity of the industry to government schools and anganwadi schools has resulted in serious health concerns for our community, particularly our elderly citizens and school children. The unchecked release of pollutants has led to the emergence of unknown diseases and a general deterioration in the health of the affected individuals.

Considering the severity of the situation and the implications it has on our health and environment, we kindly request that the National Green Tribunal takes immediate and stringent action to rectify this issue:

1.

License Cancellation: We urge you to review the permissions granted to Sri Venkateswara Egg Tray Industry and, if found to be in violation of environmental regulations, revoke their license to operate.

2.

Relocation of the Industry: In the interest of public health and the environment, we request the board to consider relocating the industry away from residential areas and sensitive zones like schools and agricultural lands.

3.

Strict Monitoring: Implement a rigorous monitoring system to ensure that any industry operating in the region adheres to environmental regulations and does not pose a threat to the health and well-being of the community.

We appreciate your prompt attention to this matter, as it is crucial for the welfare of our community and the preservation of our environment.

We kindly request you to keep us informed of the actions taken to address these concerns and ensure the safety and well-being of our neighborhood.

Thank you for your understanding and cooperation in this matter.

X X X X”

3.

Prima facie the averments made in the application raise substantial questions relating to environment arising out of the implementation of the enactments specified in Schedule-I to the National Green Tribunal Act, 2010.

4.

In view of the averments made in the application, we consider it appropriate that a Joint Committee be constituted to verify the factual position and take appropriate remedial action. Accordingly, we constitute a Joint Committee comprising of representatives of Telangana State Pollution Control Board and the District Magistrate, Kothagudem and direct the same to meet within two weeks, undertake visits to the site, look into the grievances of the applicant, associate the applicant and representative of the concerned project proponent, verify the factual position and take appropriate remedial action by following due process of law. The Telangana State Pollution Control Board will be the nodal agency for coordination and compliance.

5.

Even though in the present case cognizance has been taken by this Bench on the basis of letter petition received by post with approval and assignment under order of Hon’ble Chairperson, but in view of the facts and circumstances of the case including the fact that the place of accrual of cause of action lies within jurisdiction of the Southern Zone Bench of this Tribunal at Chennai, we are of the considered view that it will be appropriate if the case is further heard by the Southern Zone Bench of this Tribunal at Chennai.

6.

Accordingly, the Registry is directed to list the matter before the Southern Zone Bench of this Tribunal at Chennai on 22.07.2024 after obtaining orders from Hon’ble the Chairperson for transfer of the case.

7.

Factual and Action taken Report by the Joint Committee be filed within two month before the Southern Zone Bench of this Tribunal at Chennai by email [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF.

8.

A copy of this order be sent to the Member Secretary, Telangana State Pollution Control Board and the District Magistrate, Kothagudem by email for requisite compliance.