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2024 Supreme(Online)(NGT) 3820

NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
HON’BLE MR. ARUN KUMAR TYAGI, J, HON’BLE DR. AFROZ AHMAD, ACJ
Surender – Appellant
Versus
State of Uttar Pradesh & Ors. – Respondent
Original Application No. 142/2024



Advocates:
For the Respondents: Ms. Mansi Chahal, Mr. S.A. Zaidi

The tribunal affirmed the necessity of verifying environmental compliance by project proponents and directed ongoing monitoring by regulatory authorities, emphasizing transparency in operations.

Headnote:(A) National Green Tribunal Act, 2010 - Environmental norms compliance - Allegations of violations by project proponent requiring verification - Joint Committee constituted for factual verification and compliance report submission. (Para 12)

(B) Dismissal of the original application based on joint committee findings of compliance with environmental regulations by the respondent - Directions for periodic monitoring to UPPCB and further plantation ordered. (Para 22)

Facts of the case:
The applicant, after lodging complaints regarding alleged environmental violations by the respondent project proponent, filed a series of applications which were reviewed and found to have been previously addressed. The Joint Committee confirmed compliance by the respondent’s slaughterhouse with the existing norms and further initiated follow-up on plantation requirements.

Findings of Court:
The Court directed UPPCB to ensure ongoing monitoring and compliance by the project proponent in relation to the alleged environmental grievances while also addressing the need for plantation. No violations were identified by the Joint Committee during the inspections.

Issues: The primary issue was whether the allegations of environmental violations made by the applicant against the respondent were substantiated, necessitating inquiry by regulatory authorities. The court resolved that the compliance status must be verified regularly to avoid discrepancies in operations and environmental safety.

Ratio Decidendi: The tribunal emphasized on the responsibility of the monitoring body to ensure compliance with environmental laws and verified the respondent’s adherence to operational norms. The need for verification was integral in resolving the ongoing grievances raised by the applicant.

Result: Original application disposed with directives.

Table of Content
1. submission of complaint and registration of applications (Para 1 , 10)
2. verification of compliance report and response to grievances (Para 12 , 22)
3. final ruling on application based on compliance (Para 19 , 21)

ORDER

1. Mr. Surender has sent by post the present letter petition to this Tribunal, which has been treated and registered as O.A. No. 142/2024.

2. The relevant part of the letter petition enumerating grievances of the applicant is reproduced as follows:-

3. Vide order dated 22.04.2024 this Tribunal constituted a Joint Committee with direction to submit factual and action taken report. This Tribunal also impleaded State of Uttar Pradesh through the District Magistrate, Ghaziabad; Uttar Pradesh Pollution Control Board (UPPCB) and AL-Nasir Export Pvt. Ltd., 2761, Bhudgarhi, Dasna, District Ghaziabad, U.P. and notices were ordered to be issued to them. The relevant part of the order is reproduced below:-

“3. Prima facie the averments made in the application raise substantial questions relating to environment arising out of the implementation of the enactments specified in Schedule-I to the National Green Tribunal Act, 2010 .

4. In view of the averments in the application, we consider it appropriate to have response of (1) State of Uttar Pradesh through the District Magistrate, Ghaziabad, (2) Uttar Pradesh Pollution Control Board (UPPCB) and (3) AL-Nasir Export Pvt. Ltd., 2761, Bhudgarhi, Dasna, District Ghaziabad, U.P., who stand impleaded as respondents No. 1 to 3. The Registry is directed to prepare and attach memo of parties to the application and issue notices to respondents No. 1 to 3 requiring them to file their reply/response within two months. 5. Notice be served on AL-Nasir Export Pvt. Ltd., 2761, Bhudgarhi, Dasna, District Ghaziabad, U.P., through the District Magistrate, Ghaziabad, U.P. and for this purpose notice issued to AL-Nasir Export Pvt. Ltd., 2761, Bhudgarhi, Dasna, District Ghaziabad, U.P. be sent to the District Magistrate, Ghaziabad, U.P. by E-mail for getting service of the same effected on it and sending his report in this regard.

6. In view of the averments made in the application, we also consider it appropriate that a Joint Committee be constituted to verify the factual position and take appropriate remedial action. Accordingly, we constitute a Joint Committee comprising of representatives of Agricultural and Processed Food Products Export Development Authority, Uttar Pradesh, Uttar Pradesh State Pollution Control Board and District Magistrate, Ghaziabad, Uttar Pradesh and direct the same to undertake visits to the site, look into the grievances of the applicant, associate the applicant and representative of the concerned project proponent, verify the factual position and take appropriate remedial action by following due course of law. The Uttar Pradesh State Pollution Control Board will be the nodal agency for coordination and compliance.

7. Factual and Action taken Report by the Joint Committee be filed by email at judicial-ngt@gov.in preferably in the form of searchable PDF/OCR supported PDF and not in the form of Image PDF at least one week before the date hereby fixed.”

4. I.A. No. 223/2024 seeking exemption from filing the English translation copies of annexures and I.A. No. 224/2024 seeking recalling of order dated 22.04.2024 passed in O.A No. 142/2024 titled as Surender versus State of UP & Ors have been filed by Mr. S.A. Zaidi and Ms. Mansi Chahal, Advocates for respondent no. 3-M/s AL-Nasir Export Pvt. Ltd.

5. I.A. No. 223/2024 was allowed vide order dated 31.05.2024 and the applicant was exempted from filing the English translation copies of annexures at that stage with direction to file the same in due course of time.

6. Vide order dated 31.05.2024, notice of I.A. No. 224 of 2024 was issued to the applicant and the Respondent No. 3- Project Proponent was directed to file response to the averments made in the Original Application with requisite details regarding compliance

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