Enviornment

NGT imposes Costs on applicant for filing plea against non-existent factory in Moradabad

NGT imposes Costs on applicant for filing plea against non-existent factory in Moradabad

The National Green Tribunal (NGT) at Delhi recently issued a ruling in the case of Waseem Ahmad vs State of UP, in which it imposed costs of ₹25,000 on the applicant for filing a plea against a non-existent factory. 

Pollution by Non-Existent Factory in Moradabad

The applicant, Waseem Ahmad, had alleged that M/s Bharat Brass International was violating environmental norms by operating multiple furnaces and other manufacturing processes, resulting in discharge of toxic liquids in drain to the detriment of the environment at Moradabad in Uttar Pradesh.

A bench of Justices Adarsh Kumar Goel and Sudhir Agarwal, and expert member Prof. A Senthil Veil, heard the plea in March and sought a factual report in the matter from a joint Committee comprising Uttar Pradesh Pollution Control Board (UPPCB), Central Pollution Control Board (CPCB) and District Magistrate (DM), Moradabad. The Committee submitted its report on May 9, which stated that the factory did not exist at the address provided by the applicant and that no factory in the area was owned by the person the applicant alleged to be the owner.

As the applicant did not contest the report, the NGT concluded that the application was based on misleading and false facts and, therefore, was an abuse of the process of law. 

The tribunal imposed costs of ₹25,000 on the applicant to be deposited with the UPPCB within a month, failing which the UPPCB can take coercive measures to recover the amount. The amount is to be used for restoration of the environment. The NGT also directed the UPPCB to take appropriate action against the applicant for filing a false plea.

The ruling of the NGT in the case of Waseem Ahmad vs State of UP is a reminder to all that false and misleading information should not be used to abuse the process of law. It also serves as a warning to those who seek to damage the environment and its resources. The NGT’s decision to impose costs on the applicant is a step in the right direction to ensure that those who break the law are held accountable and that the environment is protected.(alert-success)

Case: Waseem Ahmad Versus State of Uttar Pradesh
Counsel for Applicant: NA
Counsel for Opposite Party: NA
Order Date: 09.05.2023 
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