AI Structured Summary
Not yet generated for this judgment
Judgment
This application seeks execution of order dated 29.01.2021 in OA No. 162/2020, Vibhor Mittal v. M/s Unnati Construction Pvt. Ltd. By the said order, this Tribunal considered the issue of violation of the Water (Prevention and Control of Pollution) Act, 1974 by M/s Unnati Construct Pvt. Ltd, Aligarh. After seeking a factual and action taken report from the State PCB, the Tribunal directed the State PCB to take remedial action in respect of deficiencies found.
The operative part of the order dated 29.01.2021 is reproduced below:
"2. Vide order dated 14.08.2020, the Tribunal directed the State PCB to furnish a factual and action taken report. Accordingly, the State PCB has furnished its report on 12.11.2020 to the effect after site inspection conducted on 23.04.2019 a notice was issued to the project proponent on 04.05.2019 for compliance of the provisions of the Water (Prevention and Control of Pollution) Act, 1974 (Water Act). Thereafter, further inspection was conducted on 20.03.2020. Sample from the outlet of the septic tank, through pump, was got analyzed and was found to be beyond the norms. The project does not have CTE or CTO as per the mandatory provisions of the Water Act nor water pollution facility has been set up. On account of such non-compliances, further show cause notice was issued on 20.10.2020, followed by show cause notice for imposition of compensation issued on 11.11.2020 proposing closure, disconnection of electricity and recovery of compensation.
We have heard learned Counsel for the PCB and also the project proponent. The project in question is clearly non-compliant with the environment law as well as norms for clean environment but the action taken by the State PCB is not adequate, even after the illegalities were noticed first on 10.04.2019, almost two years ago. No meaningful and tangible action has so far been taken for enforcing the law, even for undisputed illegalities.
Accordingly, the State PCB may now forthwith exercise its statutory power of remedying the illegalities and recovering compensation on 'Polluter Pays' principle having regard to the entire period of violations. Remedial action be completed, as far as possible within three months."
In this execution application, it is stated that the State PCB has not taken the necessary steps as directed by this Tribunal, except that a notice was issued to the Project Proponent but no further action was taken.
Having regard to the nature of the matter, we are of the view that the applicant should be relegated to the remedy of execution before the Civil Court under Section 25(2) of the NGT Act, 2010. Accordingly, the Registry may forward a copy of the order dated 29.01.2021 to the District Judge, Aligarh for being entrusted to the concerned Civil Court having jurisdiction in the matter.
The application is disposed of.