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2024 Supreme(Online)(NGT) 3854

NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
HON’BLE MR. SUDHIR AGARWAL, J, HON’BLE DR. AFROZ AHMAD, ACJ
Ram Kailash Singh – Appellant
Versus
State of Uttar Pradesh & Ors. – Respondent


Advocates:
None
Mr. Pradeep Misra, Mr. Daleep Dhyani, Shri Venkatesh, Mr. Anant Singh Ubeja, Mr. Kunal V Chopra, Mr. Dhaval Mehrotra, Ms. Aditi Desai

ORDER

1. Letter petition received in Tribunal on 29.03.2022 from Ram Kailash Singh s/o Ram Sajeevan Singh r/o Ginj Pure Baijnath, PS and Tehsil Bara, District Prayagraj was registered as Original Application (hereinafter referred to as ‘OA’) under Section 14 and 15 of National Green Tribunal Act , 2010 (hereinafter referred to as ‘NGT Act, 2010’) in exercise of suo- moto jurisdiction in view of law laid down by Supreme Court in “Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors.” reported in 2021 SCC Online SC 897.

2. Complainant has said that fly ash of a power project at National Thermal Power Corporation (hereinafter referred to as ‘NTPC’) was being dumped in a mine void of a hill which has a gap of about 200 feet and is also filled with water upto 80 feet. The contractors of Thermal Power Corporation are forcibly dumping flyash in the said mine void causing damage to environment and violating the provisions of Environment (Protection) Act , 1986 (hereinafter referred to as ‘EP Act, 1986).

3. Tribunal took cognizance of complaint on 23.05.2022 but found it appropriate to verify facts and thus, constituted a joint Committee comprising representative of Regional Office

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