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Judgment
Application under provisions of the National Green Tribunal Act, 2010.
The applicant Saroj Asthana has filed the present application under the provisions of the National Green Tribunal Act, 2010 seeking removal of junkyard from residential complex in Urban Area District Deoria, Uttar Pradesh.
Vide order dated 28.09.2022, this Tribunal constituted a Joint Committee and directed the same to submit factual and action taken report within one month.
In compliance there of Action Taken Report has been submitted by Mr. Pankaj Yadav, Regional Officer, UPPCB, Gorakhpur vide email dated 02.11.2022. Copy of Inspection Report of the Joint Committee has also been attached to the same as annexure -2. The relevant part of the Action Taken Report reads as under:-
“Action taken Report in compliance of order dated 28.09.2022 passed by Honourable National Green Tribunal Principle Bench, New Delhi in O.A. no. 705/2022 Saroj Asthana V/s Dayashankar Gupta.
X X X X X
Action taken report
i) That the Member Secretary, U.P. Pollution Control Board, Lucknow requested District Magistrate,Deoria vide letter no. H83549/c-6/sa-712/O.A. No. 705/2022 dated 28.10.2022 regarding compliance of order an nominated Sri Pankaj Yadav, Regional Office, U.P.P.C.B., Gorakhpur as Nodal Officer as well as member of State Pollution Control Board for Joint Committee. Copy of the letter dated 28.10.2022 is annexed as annexure 01.
ii) That in compliance of order District Magistrate, Deoria held a meeting on dated 29.10.2022 and nominated Executive Officer, Nagar Palika Parishad, Deoria and Junior Engineer, R.B.O., Deoria for site inspection.
iii) That the Joint Inspection Committee comprising Regional Officer, U.P.P.C.B., Gorakhpur, Executive Officer, Nagar Palika Parishad, Deoria and Junior Engineer R.B.O., Deoria visited the complaint site on dated 29.10.2022. Copy of Joint Inspection Report is annexed as annexure 02.
iv) That the Copy of Joint Inspection Report was sent to Sri Dayashankar Gupta and District Magistrate, Deoria wide letter no. 672/Sa-291/2022/2, dated 01.11.2022. Copy of the said letter is enclosed as annexure 03.
v) That Regional Officer, U.P.P.C.B., Gorakhpur directed Sri Dayashankar Gupta for obtaining CTO under section 25/26 of Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981 wide letter no. 665/Sa-237/2022, dated 29.10.2022. ,Copy of the said letter is enclosed as annexure 04.
vi) That the proprietor of the project Mr. Dayashankar Gupta has removed Junk Materials/Kabar from the complaint site. Photograph of the site is annexed as annexure- 05
vii) That as per Joint Committee Inspection Report complaint site that is Arazi No. 6, Ramnath Deoria South, Deoria is reserved for Electrical Establishment as per Master Plan 2001 of Nagar Palika Parishand, Deoria.
viii)That as per Joint Committee Inspection Report, Project Proponent has not obtained NOC for Establishing Project and Consent for operating the project from Pollution Control Board.”
In the Inspection Report of the Joint Committee and Action Taken Report, it has been mentioned that the site in question i.e. Arazi No. 6, Ramnath Deoria South, Deoria is reserved for Electrical Establishment as per Master Plan 2001 of Nagar Palika Parishand, Deoria and that Mr. Dayashankar Gupta-Project Proponent has undertaken to close his present business and to run his business after obtaining consent from the State PCB and removed the junk material from the site in question.
In view of the above, no further action by this Tribunal is required to be taken on the present application which is disposed of accordingly.
However, the State PCB shall ensure that the business in the site in question is run by the Project Proponent after obtaining requisite consent from the concerned Authorities and in compliance with environmental norms.
In case, the applicant has any grievance in the future, the applicant may approach this Tribunal for issuance of any further directions in the matter as may be required.