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2021 Supreme(Online)(NGT) 1261

Item No. 02 BEFORE THE NATIONAL GREEN TRIBUNAL CENTRAL ZONE BENCH, BHOPAL (Through Video Conferencing)

Original Application No. 36/2021 (CZ)

(I.A. No. 36/2021)

Smt. Sangeeta Deewan Applicant(s)

Versus State of Chhattisgarh & Ors. Respondent(s)

Date of hearing: 09.12.2021 CORAM: HON’BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER HON’BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER For Appellant(s) : Ms. Surya Kawalkar, Adv.

For Respondent(s) : Mr. Om Shankar Shrivastava, Adv.

Ms. Parul Bhadoria, Adv.

Mohd. Iqraam, Adv.

Advocates:
For the Petitioner: SURYA KAWALKAR DANGI
For the Respondent:

ORDER

1. The issue raised in this application is establishment of industries near the agricultural/residential area by Respondent No. 9 to 14 having Bhoomidhari land in Village Afrid, District Janjhgir, Champa, Chhattisgarh. It is alleged that by concealment of facts, no objection certificate was obtained from Gram Panchayat, village Afrid for establishing cottage industry on the agricultural land and later on respondents applied to the Collector for change in nature of land from agricultural land to industrial land, which without ascertaining that land in issue of private respondents is situated in the mid of the village and is surrounded by fertile farmlands, granted the permission vide order dated 17.05.2019. On the complaint of the villagers and considering the seriousness of the issue, Chhattisgarh Environment Conservation Board after inspection, vide letter dated 07.09.2018, apprised the Respondent No. 2 that the land in issue has been in the nature of agricultural land and by conversion into the industrial use, it may drastically affect the ecology and nearby environment. It is further alleged that construction of industry on agricultural land, despite being industrial area earmarked in their vicinity is bad in law and illegal and is drastically and negatively affecting the nearby environment.

2. The matter was taken up by this Tribunal on 30.06.2021 and a committee was constitute in the following manner :-

“5. (i) Collector, District Janjhgir, Champa, Chhattisgarh (ii) A member from Chhattisgarh Environment Conservation Board &

(iii) A member form Chhattisgarh State Centre for Climate Change.

6. The committee is directed to submit a factual and action taken report within six weeks. The report in the matter be filed by the committee by email at ngtczbbho-mp@gov.in preferably in the form of searchable PDF/OCR Support PDF and not in the form of image PDF.”

3. In response thereof, the Joint Committee submitted the report, which is as follows:-

“S. No. Key point mentioned in the Order of the Hon’ble National Green Tribunal Response of the Committee
1. The issue raised in this application is establishment of industries in the agricultural/residential area by Respondent No. 9 to 14 having Bhoomidhari land in Village Afrid, District Janjhgir, Champa, Chhattisgarh. It is alleged that by concealment of facts, no objection certificate was obtained from Gram Panchayat, village Afrid for establishing of cottage industry on the agricultural land and later on respondents applied to the Collector for change in nature of land from agricultural land to industrial land, which without ascertaining that land in issue of private respondents is situated in B The Ceramic industries which are the following:- 1. M/s Monoflux industries II, Village- Afrid, P.H.- 08, - No.- 808/2, Dist.- Janjgir- Champa. 2. M/s Speciality Ceramics, Village- Afrid, P.H.- 08, Khasra No.- 809/2, Dist.- Janjgir- Champa. 3. M/s Shubh Ceramics, Village- Afrid, P.H.- 08, Khasra No.- 809/1, 853/5, 809/4, Dist.- Janjgir-Champa. 4. M/s Arvind Ceramics-II, Village- Afrid, P.H.- 08, Khasra No.- 853/6, Dist.- Janjgir- Champa. 5. M/s Shri Krishna Ceramics, Village- Afrid, P.H.- 08, Khasra No.- 809/6, 806/3, 808/1, Dist.- Janjgir-Champa. 6. M/s Arya Industries, Village- Afrid, P.H.- 08, Khasra No.- 808/2, Dist.- Janjgir- Champa. efore issuance of the Consent under the Air (Prevention and Control of Pollution) Act, l981 and Water (Prevention and Control of Pollution) Act, 1974, Regional
mid of the village and is surrounded by fertile farmlands, granted the permission vide order dated 17.05.2019. On the complaint of the villagers and considering the seriousness of the issue, Conservation Board after inspection, vide letter dated 07.09.2018, a

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