The National Green Tribunal (NGT) directed the Member Secretary, Uttar Pradesh Pollution Control Board (UPPCB) to duly take into account the incidents of dry leaves in residential sectors in Noida (UP) catching fire and to ascertain the correct position, persons responsible for the same and take appropriate preventive and remedial action within a period of two months.
The Principal Bench of Justice Prakash Shrivastava , Justice Arun Kumar Tyagi and Dr. A Senthil Vel disposed of a Suo Moto Petition registered on the basis of the news item dated 23.04.2024 related to multiple incidents of heaps of dry leaves in residential sectors in Noida (UP) catching fire as summer temperatures rises.
As per the news item, the complaint was prompted by a major fire at Meghdootam Park in Noida’s Sector 50.
The news item states that the fire was started by a spark from a cigarette that someone was smoking.
It states that the fire started in a heap of horticulture waste that was lying dumped in a corner of the park. The park is surrounded by 18 high-rise societies and such a fire is a huge hazard for those living nearby. The article states that there is a gas pipeline running through the locality and that too is under heaps of horticulture waste, posing a serious risk of fire accidents.
As per the news item, the residents have requested the horticulture department not to keep more horticulture waste in the park than necessary. Similarly, dry garbage is kept in the Block C Park of Sector 51, the removal of which has been requested by the RWA several times, but no action has been taken yet. The news item states that everyday about 10 such incidents are reported and this is a matter of grave concern.
The news item raises substantial issue relating to compliance of the environmental norms.
“Power of the Tribunal to take up the matter suo-motu has been recognized by the Hon’ble Supreme Court in the matter of “Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors.” reported in 2021 SCC Online SC 897. “
Having regard to the nature of the incident and also considering the fact that the issue is confined only to Noida, the Bench is of the view that the Member Secretary, Uttar Pradesh Pollution Control Board (UPPCB) must look into the said grievance and take appropriate preventive and remedial action.
“Hence, we dispose of the OA with a direction to the Member Secretary, UPPCB to duly take into account the incidents which are reflected in the news item as noted above and to ascertain the correct position, persons responsible for the same and take appropriate preventive and remedial action within a period of two months and submit action taken report before the Registrar General of the Tribunal immediately after two months by e-mail at judicial-ngt@gov.in preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF. If found necessary after submission of report, then the matter will be listed for consideration before the Bench”, the order reads.