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Judgment
Grievance in the application is against construction of a cold storage at Gram Patna, Banwaripur Road, Tehsil - Jalesar, District - Etah, Uttar Pradesh which falls under the Taj Trapezium Zone (TTZ). According to the applicant, such construction is in violation of direction of the Hon'ble Supreme Court dated 06.12.2019 in I.A. No. 103908/2019 in Writ Petition (Civil No. 13381/1984) whereby only 'white category' industries are allowed to operate in the TTZ without any permission and directions dated 07.03.2016 issued by the Central Pollution Control Board (CPCB) categorizing the present activity as 'green'.
We have heard learned Counsel for the applicant.
We have perused the order of the Hon'ble Supreme Court dated 06.12.2019 as well as direction of CPCB dated 07.03.2016 to which our attention has been drawn by the learned Counsel for the applicant. We have also perused the letter dated 10.08.2021 from the office of Divisional Director, Social Forestry, Etah Division addressed to the District Magistrate, Etah to the effect that the Project Proponent (PP) has given an undertaking that no construction will be done without NOC.
The same is reproduced below:
"An inquiry was conducted by the Regional Forest Officer, Jalesar in captioned matter. After completion of this inquiry, said Regional Forest Officer, Jalesar, submitted his report vide his Office letter no. 33/33-1 dated 07.08.2021. In his report he has stated that a cold storage of Saurav Singh, s/o Ravinder Pal Singh on Patna-Banwaripur Link Road has been proposed. In his statement given in writing he has stated that I am constructing a cold store and I have already written letters to the Horticulture Department and Pollution office for issuance of NoC to me. I will not raise any constructions until I have received NoC from these departments. Registration of a cold storage is done in the Horticulture department. This case pertains to Horticulture Department and Pollution Department and no action/proceedings are needed from the Forest Department in this matter.
Hence this report for your information and necessary action."
As against above, learned Counsel for the applicant has referred to photographs and letter dated 17.08.2021 from the office of District Horticulture, Etah to the effect that owner of cold storage has started work of digging and construction of boundary wall but the notice of immediate stoppage of construction has been given on 11.08.2021.
In view of the fact that the office of District Horticulture Officer, Etah has already issued an order of stoppage of construction and the PP has already given an undertaking not to raise construction, if according to the applicant construction is still being raised, he can take up the matter with the said authorities. At this stage, we do not find any substantial question of environment calling for intervention of this Tribunal, having regard to the above facts and circumstances.
Accordingly, the application is disposed of.