Water (Prevention and control of Pollution) Act, 1974 – State Board – National Green Tribunal – Slaughter House – Obtained necessary permission from the State Board – The State Board is directed to decide the matter within one week.
National Green Tribunal
Adarsh Kumar Goel and A.M. Khanwilkar, JJ.
June 20, 2016
Civil Appeal No.5344 of 2016
M/s Eagle Continental Foods Pvt Ltd. – Appellants
Shailesh Singh and Ors. – Respondents
For the Appellants :- Sidharth Luthra, Sr. Adv., Anil Kumar Sangal, Siddharth Sangal, Advocates.
The appellant is aggrieved by the interim direction issued by the National Green Tribunal in Original Application No.218 of 2016 directing the authorities to restrain the appellant from operating the slaughter house. It is stated that in pursuance of the said order, the slaughter house of the appellant has been sealed.
2. Learned counsel for the appellant has pointed out that there is a statutory State Board under the provisions of the
Water (Prevention and control of Pollution) Act, 1974
and the appellant has obtained necessary permission from the State Board. In the circumstances, the aggrieved parties should have been heard by the State Board in the first instance. In view of the above contention, while not interfering with the impugned order, we direct that the appellant shall be heard by the State Board after notice to the complainant. The State Board is directed to decide the matter within one week. The order passed by the State Board shall be operative subject to the decision in the matter pending before the National Green Tribunal.
3. In the circumstances, we have not considered it necessary to issue notice to the respondent.
4. The Appeal is disposed of accordingly.