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BEFORE THE NATIONAL GREEN TRIBUNAL CENTRAL ZONAL BENCH, BHOPAL Original Application No. 7/2014(CZ) AND M.A. No. 115/2014 CORAM: Hon'ble Mr. Justice Dalip Singh (Judicial Member) Hon'ble Mr. P.S.Rao (Expert Member) BETWEEN: M/s Sayar Engineering Pvt. Ltd. .....Applicant I.G.R. Industrial Estate, Ajmer Road, Beawar, Rajasthan. Versus 1. M/s J.G. Shri Micros, 17, Indira Gandhi Industrial Estate, Ajmer Road Beawar, Through its Director Pankaj Bohra. 2. Rajasthan State Pollution Control Board, 4, Institutional Area, Jhalana Doongri, Jaipur, through its Chairman 3. Rajasthan State Pollution Control Board, .....Respondents
4, Institutional Area, Jhalana Doongri, Jaipur, through its Member Secretary.
Counsel for Applicant : Shri Anurag Maheshwari, Adv. Counsel for R.P.C.B. : Shri Suman Mandal & Shri Sandeep Singh, Advocates Dated : March 5th, 2014 Delivered in Open Court by Hon'ble Mr. Justice Dalip Singh, Judicial Member
1. This Application came to be first registered before the Hon'ble Rajasthan High Court, Jaipur Bench, Jaipur as. S.B. Civil Writ Petition No. 3375/2007 alleging that the Respondent No. 3 was running a stone crushing unit without having valid permission and consent which is in violation of the Page 1 of 3 Environment (Protection) Act, 1986, The Air (Prevention & Control of Pollution) Act, 1981 and as such a writ may be issued for the closure of the said unit. The Hon'ble High Court vide its order dated 8 th May, 2007 issued notice to the Respondents. However, the matter remained pending before the Hon'ble High Court to decide the same.
2. Vide order dated 14th December, 2013, the Hon'ble High Court in compliance of the directions of the Hon'ble Supreme Court contained in the judgment in Writ Petition (Civil) No. 50/1998 (Bhopal Gas Peedith Mahila Udyog Sangathan & Ors. Vs. Union of India & Ors.) directed transfer of the matter to the National Green Tribunal.
3. When the matter came before this Tribunal on 4th February, 2014 after being registered as O.A. No. 07/2014, this Tribunal directed issuance of notice to the Applicant as well as to the Respondents. The matter has been listed today after service of notices upon the Respondents.
4. The Tribunal received a letter dated 17th February, 2014 from the Director of the Applicant's company Sh. Mahender addressed to the Registrar of the NGT Central Zone Bench, Bhopal in which it has been stated that the Director of the Applicant's company namely Inderchand Jain, who filed the writ petition, has since expired and a copy of his death certificate issued by the Registrar, Births & Deaths, Beawar, District Ajmer recording the death of Inderchand Jain on 29th January, 2010 has also been filed.
5. In the aforesaid letter it has also been stated that the unit of the Respondent No. 3 M/s J.G. Micros has been closed down and the production has also been stopped. As such it has been prayed that the matter may be dropped in view of the fact that the Applicant has died and the unit which was allegedly causing environmental pollution has also stopped production. Page 2 of 3
6. We have considered the aforesaid letter as M.A. No. 115/2014 and in view of the above we do not deem it necessary to proceed with the matter and accordingly the O.A. 07/2014 stands disposed of having become infructuous.
7. However, liberty is granted to the Applicant or any other persons that in the event of the said unit re-starting or commencing its production and if there is any grievance on that account, the Applicant or any other person may approach this Tribunal for appropriate relief.
8. In the above terms, this application stands disposed of along with M.A. No. 115/2014.
(Mr. Justice Dalip Singh) Judicial Member (Mr. P.S.Rao) Expert Member Bhopal:
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