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National Green Tribunal has directed District Collector, Dausa and the Member Secretary, State Pollution Control Board to remain present in person in court along with the compliance report and explanation for their inaction towards the illegal dumping of construction materials in the Banganga River in Dausa Dsitrict, Rajasthan.

NGT bench led by Chairperson Mr Justice Adarsh Kumar Goel, Judicial Members Mr S P Wangdi & Mr K Ramakrishnan & Expert Member Dr Nagin Nanda has said, “Once the polluting activities have been identified, immediate preventive and remedial action was required. Mere issuing of show cause notice is not the end without further prompt action, including recovery of compensation and prosecution of the illegal operating units”.

Courts direction came on a matter which was considered, after it received a letter by the Rajasthan Pollution Control Board which highlighted the illegal polluting activities in the State that were being carried out by dumping the stone cutting waste and slurry into the Banganga River in Dausa District, causing obstruction to the flow of the river.

Following which, the Court had directed the District Collector, Dausa and the Member Secretary of the State Pollution Control Board to take action under the provisions of Air (Prevention and Control of Pollution) Act, 1981 and Water (Prevention and Control of Pollution) Act, 1974 to stop polluting activities and prosecute the polluters and recover compensation of damage caused to the environment.

Thereafter, a report was filed by the respondents stating that directions have been issued by the District Collector, Dausa to the Sub-Divisional Magistrate.

Court observed, Compliance is not mentioned except to state that show cause notice was issued to the ten polluting units under Sections 33A of the Water Act and 31A of the Air Act”.

On this, NGT Court showed its dissatisfaction and said, “The action mentioned in report is hardly sufficient to meet the mandate of the law. Once the polluting activities have been identified, immediate preventive and remedial action was required. Mere issuing of show cause notice is not the end without further prompt action, including recovery of compensation and prosecution of the illegal operating units”.

The Court would hear the matter next on 28th August.

– India Legal Bureau 

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