JUDGMENT

BY HON’BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER

1. Applicant Sandeep Kumar has invoked jurisdiction of this Tribunal by filing this Original Application (hereinafter referred to as ‘OA’) under Sections 14 and 15 read with 18 of National Green Tribunal Act, 2010 (hereinafter referred to as ‘NGT Act, 2010’) particularly against M/s Royal Layer Poultry Farm, impleaded as respondent 5 (hereinafter referred to as ‘project proponent’), complaining that it is operating poultry farm illegally, unauthorizedly and in violation of environmental laws relating to consent and even otherwise causing damage to environment polluting air. It is also said that the siting criteria for establishment of poultry farm has been deviated/violated by the project proponent in establishing its poultry farm.

2. The applicant, in brief, has stated in the OA that he is a resident of village Dakhodi, Jamalpur District Shamli, State of Uttar Pradesh and enjoy right of clean environment i.e., clean water, clean air etc. enshrined under Article 21 of the Constitution. Respondents 1 to 4 i.e., State of Uttar Pradesh through Chief Secretary; Central Pollution Control Board (hereinafter referred to as ‘CPCB