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Tribunals and CommissionsSingle Bench(2017) 04 NGT CK 0007

L. Saroja vs Secretary To The Government And Ors

National Green Tribunal · Decided on 21 April 2017

HON’BLE JUDGES
P. Jyothimani, J
RESULT
Disposed Off
CASE NUMBER
Application No. 122 Of 2014

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Judgment

6 paragraphs · 350 words
1.

We have heard the learned counsel appearing for the applicant as well as the respondents.

The application is for a direction against the respondents 5 and 6 forbearing them from dumping or burning of garbage in respect of the land situated in Survey No.1176/3, Anatheenam Poramboke, Arachalur Village, Erode District.

2.

The grounds raised are not only that by unscientific dumping and burning of garbage environmental degradation is being caused but also the provisions of the Municipal Solid Waste (Management and Handling) Rules, 2000, Air (Prevention and Control of Pollution) Act, 1981 and Water (Prevention and Control of Pollution) Act, 1974 have not been followed in the sense that "authorisation" has not been obtained from the Tamil Nadu Pollution Control Board (Board) for scientific disposal of solid waste.

3.

It is the admitted case that by virtue of the interim order passed by this Tribunal, the 6th respondent is not using the said survey number either for the purpose of dumping of garbage or burning of garbage which does not take place at present.

4.

The learned counsel appearing for the 6th respondent also submits that steps are being taken for the purpose of making application to the Board for obtaining authorisation under the new Solid Waste Management (SWM) Rules, 2016 .The learned counsel also would submit that since there is an interim order of stay, the 6th respondent is not actually dumping in the area and the same position will be continued till "authorisation" is obtained in the manner known to law.

5.

In view of the same, we dispose of the application with a direction that the interim order of stay passed by this Tribunal shall continue till the "authorisation" application stated to have been filed by the 6th respondent is considered and appropriate orders are passed by the Board under SWM Rules, 2016. We also direct the Board to consider the application of the 6th respondent and pass orders in accordance with law. Needless to state that after "authorisation" is obtained, it is for the affected party to seek remedy in the manner known to law.