Tribunals and CommissionsFull Bench(2024) 04 NGT CK 0016

Niramaya Jan Utthan Sansthan vs State of U.P. & Ors

National Green Tribunal · Decided on 8 April 2024

HON’BLE JUDGES
Prakash Shrivastava, CP · Sudhir Agarwal, JM · Dr. A. Senthil Vel, EM
RESULT
Disposed Of
CASE NUMBER
Original Application No. 540 Of 2023

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Judgment

4 paragraphs · 387 words
1.

In this Original Application, the allegation of the applicant is that respondent industries in District Muzaffarnagar, Uttar Pradesh are discharging polluting substance which is effecting the quality of air, water and soil and creating health hazard. These units are discharging waste water into sewers or dumping them on low lying areas without any treatment which is creating the sewage pools and contaminating ground water and effecting the quality of life. Further allegation is that the villagers are dying due to cancer and cancer like diseases and some of the villagers are suffering from strange diseases in which lumps are visible on their bodies and they are also suffering from kidney failure, psoriasis etc.

2.

The Tribunal vide order dated 12.12.2023 had appointed a joint Committee with a direction to the Committee to visit the site, collect samples, get the analysis done and also find out the extent of pollution caused by these industries and their effect on environment and health of the local residents.

3.

The Committee had earlier submitted the interim report and has thereafter, submitted final report on 04.04.2024. In the final report, violation of environmental norms by various industrial units have been found. These units are not before the Tribunal today and they are required to be heard before taking action. It is the responsibility of the UPPCB to give an opportunity of hearing to the units, ascertain the extent of violation, if any, and take remedial/punitive action. For this purpose, the concerned units will be given an opportunity of hearing on the findings which have been recorded by the joint Committee against them and a final conclusion in respect of violation will be drawn by UPPCB only after considering the reply and giving an opportunity to the industrial unit. Learned Counsel appearing for the UPPCB submits that this exercise will be completed within three months.

4.

Hence,  we  dispose  of  the  OA  directing  the  Member  Secretary, UPPCB to do the needful in terms of the observations made above and take appropriate action including the action of imposition of EC against the industrial units which are found to be violating the environmental norms by UPPCB and file action taken report before the Registrar General of the Tribunal within four months. If found necessary, the matter will be listed before the Bench for consideration.