Kishore Bahuguna Vs State of Uttarakhand

National Green Tribunal Principal Bench, New Delhi 29 May 2024 Original Application No.281 Of 2024 (2024) 05 NGT CK 0046
Bench: Division Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

Original Application No.281 Of 2024

Hon'ble Bench

Sudhir Agarwal, JM; Dr. Afroz Ahmad, EM

Final Decision

Disposed Of

Acts Referred
  • National Green Tribunal Act, 2010 - Section 14, 15

Judgement Text

Translate:

1. This Original Application under Sections 14 and 15 of National Green Tribunal Act, 2010 (hereinafter referred to as ‘NGT Act, 2010’) has been registered in exercise of suo-moto jurisdiction on a letter petition dated17.09.2023, sent by Kishore Bahuguna and other residents of New Vikas Colony, Pauri/Timli Village, Pauri Garhwal, complainants have said that near residential place on National Highway number 119 road, there is a garbage dumping yard functioning for last 10 years set up by Municipal Corporation Pauri. This is emitting foul smell and also causing other environmental hazards resulting inconvenience to residents and damage in environment.

2. From the complaint we do not find that above dumping yard has been set up by Municipal Corporation of Pauri without following relevant statutory provisions and they are not properly maintaining the same. Further, it is functioning for last 10 years as admitted by complainant we find that it is too late in day in it such a complaint with regard to establishment of said garbage. However, for its regular maintenance and functioning in accordance with statutory provisions particularly Solid Waste Management Rules, 2016, we find it appropriate with the matter of examine by District Administration at local level and if they find any want of proper maintenance and functioning of said yard may take appropriate action in accordance with law.

3. We   accordingly,   disposed   of   this   Original   Application   by constituting a Joint Committee comprising District Magistrate, Pauri, Uttarakhand State Pollution Control Board and Municipal Corporation, Pauri.

4. District Magistrate shall be Nodal Agency for compliance and coordination of this order.

5. Said Committee shall visit site collect relevant information and if finds any negligence or lacking on the part of authorities responsible for maintenance of said yard and anything showing that same is not been maintained in accordance with statutory provisions relating to environment,

6. Committee shall take appropriate remedial punitive and prohibitive action against violator(s) within two months and submit a Compliance Report with Registrar General of this Tribunal who may place the matter before Bench to find necessary for any order.

7. With the above directions, this Original Application is disposed of.

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