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2024 Supreme(Online)(NGT) 3879

NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
HON’BLE MR. SUDHIR AGARWAL, J, HON’BLE DR. AFROZ AHMAD, E
Sunil Kumar Ramhet – Appellant
Versus
State of U.P. – Respondent


Advocates:
For the Respondents: Mr. Arvind Kumar, Ms. Shashi Kiran, Ms. Ranu Purohit, Ms. Aditi Dani, Mr. Samaksh Goyal, Ms. Niharika Singh

ORDER

1. This Original Application (hereinafter referred to as ‘O.A’) was registered under Section 14 & 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 in (2022) 13 SCC 401 in Municipal Corporation of Greater Mumbai v. Ankita Singha & Ors. on a letter petition dated 10.03.2023 received from Sunil Kumar Ramhet, S/o Ram Sajeevan, R/o Village Majra Shankar Pur, Indra Nagar, Tehsil and District. Sitapur.

2. The complainant has said that M/s J.B. Daruka Papers Limited is a paper industry functioning at Shahjahpur Road, Village Panchayat, Adwania Grunt, Police Station Rankot, Block/Tehsil and District Sitapur and discharging untreated industrial effluent in a drain next to the village and thereby contaminating drinking water. The industry has stacked big heaps of bagasse and rice husk which spread over to the residences of villagers. The smoke emissions generated by burning of bagasse and rice husk are also causing air pollution and this is affecting not only the agricultural crop and fertility of soil but also causing health hazards to the local people.

3. After being satisfied prima facie th

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