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2024 Supreme(Online)(NGT) 4891

NATIONAL GREEN TRIBUNAL BHOPAL (CENTRAL ZONE BENCH)
SHEO KUMAR SINGH, J, DR. A SENTHIL VEL, ACJ
Bhopal Care Hospital – Appellant
Versus
State of Madhya Pradesh & Ors. – Respondent


Advocates:
For the Applicant (s): Mr. Ravi Kant Patidar, Adv.
For Respondent(s): Mr. Prashant M. Harne, Adv., Ms. Parul Bhadoria, Adv., Ms. Disha Chouksey, Adv. (for Ms. Gunjan Chowksey)

Table of Content
1. maintainability of application regarding jurisdiction under ngt act (Para 1 , 2)
2. environmental responsibilities of state authorities and health impacts (Para 3 , 4)
3. need for actions against environmental violations and encroachments (Para 5 , 11)
4. legal limitations on application based on statutory provisions (Para 6 , 12)
-

ORDER

1. The present application has been filed to quash and set aside the impugned demand order and notice dated 04.10.2021, 21.09.2023 and 17.01.2024 passed by Respondent No. 2, i.e. Municipal Corporation Bhopal, whereby and whereunder notice was issued to the applicant to deposit a certain amount of dues calculated by the Nigam.

2. While considering the matter on the point of admission on 04.12.2024, this Tribunal observed that prima facie the order under challenge has not been passed by any authority mentioned in Schedule-I of the National Green Tribunal, Act 2010, therefore, question is whether the present original application itself would be maintainable before the Tribunal or not.

3. Notices were issued to the Respondent and the reply by the State PCB has been filed. Matter involved in this application has its origine in Original Appli

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