Tribunals and CommissionsDivision Bench(2024) 05 NGT CK 0054

Sushil Tyagi vs State of Uttarakhand

National Green Tribunal · Decided on 21 May 2024

HON’BLE JUDGES
Sudhir Agarwal, JM · Dr. Afroz Ahmad, EM
RESULT
Disposed Of
CASE NUMBER
Original Application No. 271 Of 2024

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Judgment

8 paragraphs · 312 words
1.

This original application under Sections 14 and 15 of the National Green Tribunal Act, 2010 has been registered in exercise of suo moto jurisdiction on the basis of a letter petition dated 18.09.2023 sent by Sushil Tyagi s/o late Ilamchand r/o Basant Vihar near SDM Court, Devband, District Saharanpur, UP.

2.

The complainant has said that there is a brick kiln namely M/s Shiv Bricks Supply Int Bhatta, village Takola Kalan, Tehsil Roorkee, District Haridwar, Uttarakhand which is operating near abadi, in violation of the siting criteria and also has not adopted the technology of zig-zag but still being run on the old technology and is operating in violation of Government of India, Ministry of Environment, Forest and Climate Change’s Notification dated 22.02.2022. It is said the several complaints have been made by the complainant to various authorities but no action has been taken.

3.

In our view, the complaint in this application, at the first instance, can be looked into by Local Authorities, hence we constitute a joint Committee comprising District Magistrate, Haridwar and Uttarakhand State Pollution Control (hereinafter referred to as ‘State PCB’).

4.

The District Magistrate shall be the nodal agency for coordination and compliance.

5.

The said Committee shall visit the site, collect relevant information and if finds any violation on the part of the proponent causing damage to the environment, shall take appropriate preventive, remedial and punitive action against violater in accordance with law, within two months from the date of communication of this order.

6.

A compliance report shall be submitted by above Committee by 15.08.2024 before Registrar General who may place the same before the Bench, if finds it necessary for any further order.

7.

With the above directions, the application is disposed of.

8.

A copy of this order along with complaint be forwarded to District Magistrate, Haridwar and State PCB by email.