Order of the National Green Tribunal regarding illegal operation of nursing homes, commercial complexes in Banda, Mahoba, Chitrakoot of Uttar Pradesh, 15/07/2019

  • 15/07/2019

Order of the National Green Tribunal in the matter of Ashish Kumar Dixit Vs State of Uttar Pradesh & Others dated 15/07/2019 regarding illegal operation of marriage halls, nursing homes, clinics, hospitals, commercial complexes, hotels and other commercial establishments without requisite prior NOC/Consent to Operate from the Uttar Pradesh Pollution Control Board (UPPCB) in the Districts of Banda, Mahoba and Chitrakoot, in violation of the Air (Prevention and Control of Pollution) Act 1981, the Water (Prevention and Control of Pollution) Act 1974, the Environment (Protection) Act 1986, Biomedical Waste Management Rules 2016 and Solid Waste Management Rules 2016.

NGT expressed its disappointment at the report filed by the UPPCB dated July 11, 2019, as it does not show any prosecution initiated for the violation of law. On being questioned, the Member Secretary stated that staff and officers available are inadequate. Further amount of Rs. 14 Crores towards environment restoration was available but no plan for utilizing the said amount.

The Tribunal directs a plan to be prepared for utilizing the environment restoration fund with the approval of CPCB within one month, and the expenditure would include hiring of experts and consultants, expanding air and water quality monitoring network, procurement of scientific equipments, undertaking restitution remediation and specialized studies on contaminated sites. To ensure that there is effective oversight for enforcement of law, Chief Secretary, Uttar Pradesh has been asked review the situation and furnish a report within a month. Further, a compliance report has to be filed by the UPPCB before the next date of October 18. 2019.

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