National Green Tribunal Imposes Rs 25,000 Cost On Applicant For Filing Plea Against Non-Existent Factory

The principal bench of the National Green Tribunal (NGT) has imposed a cost of Rs. 25,000 on an applicant for filing an application alleging violation of environmental norms against a non-existent factory.

The bench of Justice Adarsh Kumar Goel(Chairperson), Justice Sudhir Agarwal, Dr.A.Senthil Vel said that, “the application was based on misleading and false facts which has resulted in abuse of process of law. Accordingly, the application is dismissed with cost quantified at Rs. 25,000/.”

In March, the Tribunal had sought a factual report in the matter from a joint committee comprising State PCB, CPCB, and District Magistrate, Moradabad.

After visiting the site, the report was filed before the Tribunal which stated that, “During visit it was found that unit M/s Bharat Brass International, Anand Bhawan 31, Civil Lines, Fateh singh marg, near ST. Pauls's Collage, Moradabad does not exists.”

It further stated that, “Joint committee visited the place of factory address Paper mill Chauraha, near Pipe Factory, Mehlakpur Road, Aghwanpur, Moradabad as mentioned by complainant in letter dated 01.09.2022 and unit M/s Bharat Brass International was not found in existence in nearby area. Also no factory was found owned by Mr. Anuj Mathur at the nearby area.”

The Tribunal noted that the applicant did not contest the report.

While imposing the cost,the Tribunal said, “the applicant may deposit the cost with the State PCB within one month, failing which the State PCB may take coercive measures for recovery of the amount. On realisation, the amount be utilized for restoration of the environment.”

Case Title: Waseem Ahmad v. State of U.P.

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